HomeMy WebLinkAbout1979-382 1 RESOLUTION N0. ~9 ~Ka
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREE~9ENT IJITH AMERICAN DECORATING COMPANY, INC., RELATING TO CHRISTMAS
3 DECORATIONS FOR THE 1979 SEASON.
4 BE IT RESOLVED BY THE MAYOR AND COMPION COUNCIL OF THE CITY OF SAN
BERPJARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City an Agreement
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with American Decorating Company, Inc., relative to Christmas Decorations
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for the 1979 season, a copy of which is attached hereto, marked Exhibit "A"
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and incorporated herein by reference as fully as though set forth in length.
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~ I HEREBY CERTIFY that the foregoing resolution was duly adopted
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by the Mayor and Common Council of the City of San Bernardino at am°~~
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meeting thereof, held on the /per day of sG~;J`vm.~j~l 1979,
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by the following vote, to wit:
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AYES: Councilmen: ~~..»~/A/~ i/.~ ~7.~ ~e~ r
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..~i~9'!7 oGl~iic.~LJ
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NAYS:
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ABSENT: ~ o.~,•./~.,,~i~ _~w~?
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19
j,~i~i~nn~ ~'~iJ~.
20 City Clerk
21 The foregoing resolution is hereby approved this day of
22 ~,~ra~iirt/.tL7 1979.
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2q f4ayor the C' y of San rnardino
25 ~ Approve as to form:
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27 i ty Att ney
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AMERICAN DECORATING COMPANY INC.
Installation Contract #
This contract entered into this 1ST day of AUGUST 19
by and between American Decorating Company Inc. 716 McKeever, Azusa, Ca. 91702
(herein called "American") and ~i TY OF SAN RFRNARDTNn~ inn NnR TH "M' CTRFFT _
SAN BERNARDINO. CA. 92418
(herein called "Customer"). Witnesaeth that the parties hereto do mutually agree as
follows.
ARTICLE I. Term of Contract
The Term of this Contract schedule, with respect to each item of installation listed
herein, is for a Term of ~ ~ months. Commencing on gUGUST 1ST. , 19~__
and terminating on SEPTEMBER 1ST. , 1980
ARTICLE II. Statement of Work
American shall INSTALL SERVICE REMOVE AND STORE CHRISTMAS DECORATIONS FOR THE
1979 SEASON. DECORATIONS WILL'CONSIST OF 70 TEN FOOT SIERRA SPRUCE POLE
MOUNTED CHRTSTMAS TRFES WTTHOUT li(:HTS, THAT ARF npNFn RY rIISTnMFR
AND 15 GARLAND TRIM WITH BOWS ON SIGNAL LIGHTS. AND GARLAND POLE TRIM ON
21 STANDARDS ON "E" STREET WITH WH CHRISTMAS TREES.
Location of installation DnWNTnWN ARFA (1F SAN RFRNARnTNn TN 4rrnR nANrF WTTH
PLOT PLAN. ~
Installation shall be started no earlier than
and must be completed no later than :r, 197 - oZb2 1'
Removal shall be started after JANUARY 1ST. 1980
and completed no later than JANUARY 10TH, 1980
Time is of the essence in the performance of this contract.
ARTICLE III. Payments
Customer shall pay to American for the performance of this contract a fixed price of
$ 3.300.00 ,which price shall constitute total compensation to American.
Payments shall be payable as follows:
The first $1 .650.00 ~ paid on DF('FMBER 1ST. , 19 7q
The second 1,650.00 paid on JANUARY 10TH, ;1980
The third paid on ,19
The fourth paid on _ _ ,19
The fifth paid on ,19
The sixth paid on _,19
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ARTICLE N. Warranty
Unless otherwise agreed to in writing by the parties, American warrants that all work
performed by it under this Contract will be performed in a good and workman like
manner, however, American will not be responsible for theft and/or vandalism of
decorations when installed.
ARTICLE V. Insurance
American will obtain and keep in force public liability insurance in the amount of
$100, 000. 00 for injury to one person, and $500, 000. 00 for injury to more than one
person, and property damage in the amount of $50, 000. 00. American will furnish a
certificate of said insurance upon written request.
ARTICLE VI. Site Preparation and Plot Plan
The location for the installation of decorations shall be furnished by customer and must
be first approved by American's field representative as to feasibility for installations.
Customer will be responsible for any permission and permits necessary for proper
installation of decorations from owners, lessees, lessors, city, state or other
governmental authority.
American is given permission to install decoration hardware items (faceplatea, cable,
anchor points) at a reasonable time prior to actual installation dates. Hardware items
may be left in place between seasons unless otherwise indicated in Article XI.
ARTICLE VII. Electrical Source and Currents
Customer, unless otherwise specified, will furnish adequate electric power and a
suitahle, approved electrical connection within 20 feet of decorations to be installed.
Customer will be responsible for electric current consumed by decorations and for
any permits or permission necessary for electrification of decorations.
a
ARTICLE VIII. Subcontractors and Assignments
American does have the option to subcontract all or part of the described performance
of this Contract, however, this option will not have any effect as to the cost of
performance of this Contract.
ARTICLE D{. Conflict of Applicable Law
If any provisions of this Contract are contrary to, prohibited, or deemed invalid under
existing applicable laws or regulations, or laws or regulations adopted before this
Contract expires, of any jurisdiction in which it is sought to be enforced, then such
provisions of this contract which contravene such laws or regulations shall be excused
from performance by American. The remaining provisions of this Contract, however,
which do not contravene any such applicable law or regulation shall remain in full force
and effect.
ARTICLE X, Default
In the event of a default in the payment of any sums due hereunder, or in the performance
of any other covenant herein, and if Customer fails to cure said default within three(3)
days after written notice irorri A...arican, or it Customer hecomes insolvent, or ceases
to do business as a going concern, or makes an assignment for the benefit of creditors
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or any proceeding or petition under the Bankruptcy Act as amended is filed by or
against Customer, (including a proceeding for reorganization, arrangement or extension),
then in such event, American at its sole option, shall have the right to terminate this
Contract as to any and all items of installations and American shall thereupon be
entitled to recover from Customer the excess, if any, of the amount of payments
reserved in the Contract for the balance of the stated term.
ARTICLE XL Alterations in Contract
In witness whereof, the parties hereto have executed this Contract as of day and
year first above written.
AMERICA DECOR~I
C~C~O~PANY INC.
By ol~l~~~a4{`~*~~
~G~/ -9/ Title ~%-~l
Date /~d~, ~ 19
7L-
CUSTOMER
B Title yY/~ss~
By Title 6/~/
Date /.y /y'7y' ,19~_
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