HomeMy WebLinkAbout1987-088
1 RESOLUTION NO. ~~_~_
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RICK'S TRACTOR & DISCING SERVICE
3 TO PROVIDE DISCING, MOWING AND SCRAPING SERVICES FOR THE 1987-88
WEED ABATEMENT PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement with Rick's Tractor and Discing Service to provide
9 discing, mowing and scraping services for the 1987-88 weed
10 abatement program, a copy of which is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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Bernardino at an r'lCljow:u.ad regular
meeting thereof, held on
the 23rd day of --March
, 1987, by the following vote,
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to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Quiel, Strickler
None
NAYS:
ABSENT:
Council Member Frazier
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/ Clty Clerk
The foregoing resolution is ~reby approved this ~50~ day
( - -:~ F' ! -----')/
March , 1987. ,/"=-- I i // /'
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of
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Approved as to form:
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A G R E E MEN T
(Weed Abatement)
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, 1987, between the CITY OF SAN BERNARDINO, a
THIS AGREEMENT is entered into this
day of
municipal corporation, hereinafter referred to as "City", and
RICK'S TRACTOR & DISCING SERVICE, hereinafter referred to as
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"Contractor."
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City and Contractor agree as follows:
1.
Scope of Work. Contractor shall disc vacant
10 properties within the boundaries of the City of San
11 Bernardino. Contractor shall also, on specific request of the
12 Director of Public Services, provide mowing and scraping
13 services in conjunction with weed abatement set forth
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hereinafter.
The specific properties to be disced or
15 otherwise abated shall be designated by city's Director of
16 Public Services or his or her designee.
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2.
Time of Performance. Contractor agrees to commence
18 its work under this agreement on April 13, 1987, and further
19 agrees to complete initial discing and related mowing and
20 scraping services prior to June 30, 1987, and perform such
21 other discing and other mowing and scraping services as may be
22 required by the Director of Public Services or his or her
23 designee through April 15, 1988.
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3.
Payment bv City. Contractor shall bill City for
25 completed work, on a monthly basis, setting forth an
26 itemization of services provided in such detail as i's required
27 by the Director of Public Services. City shall pay Contractor
28 for services provided herein at the following rates:
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3 Lot
Class
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"A"
DISCING
Description
Discing
Single parcels,
any size up to and
including one-half
(1/2) acre.
Complete abatement.
$30
Price Per Parcel
Mowing
Sprinq/Fall Scrapinq
$25
$25
$20/
acre
$15/
acre
$20/
acre
$32
$32
$32/
acre
$32/
acre
$32/
acre
$20
$20
$20/
acre
$20/
acre
$20/
acre
25 In no event shall the total amount paid to Contractor
26 during the term hereof exceed the total amount of $100,000.00
27 for the services provided. In the event services are
28 requested which will exceed limitation, no such work shall be
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"B"
"C"
"D"
"E"
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Single parcels over
one-half (1/2) acre,
up to and including
one (1) acre.
Complete abatement.
$30
Acreage over one (1)
acre, up to and
including ten (10)
acres. Price per
acre. Complete
abatement.
$30/
acre
Acreage over ten
(10) acres. Price
per acre. Complete
abatement.
$30/
acre
Fire breaks (when
permitted) on
parcels over one
(1) acre. Fire
breaks shall be
50' around the
perimeter with 50'
breaks dividing the
parcel so that no portion
exceeds one (1) acre.
100' fire breaks will be
completed around any
structure.
$30/
acre
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performed without prior written amendment to this agreement.
4. Inspection. Prior to payment by city, city shall
inspect each completed parcel to determine compliance with San
Bernardino Municipal Code Chapter 8.27.
5. Licenses and Permits. Contractor shall procure and
keep in force during the term of this agreement any and all
licenses and permits required by any federal, state or local
laws or regulations.
6. Insurance. Contractor agrees to procure and maintain
in force during the term of this agreement, at its expense,
public liability insurance in companies and through brokers
approved by City, adequate to protect against liability for
damage claims arising in any manner out of Contractor's
operations in a minimum amount of $500,000.00 for each person
injured, $500,000.00 for anyone occurrence, and $50,000.00
for property damage. Contractor shall provide to City's Risk
Management Department a certificate of insurance and an
additional insured endorsement which provides:
(a) That the City will be named as an additional
insured on Contractor's liability insurance.
(b) The insurance company name, policy number,
period of coverage and amount of insurance.
(c) That the City Clerk will be notified at least
thirty (30) days prior to cancellation or material change in
Contractor's coverage.
(d) That Contractor's insurance will be primary to
any coverage City may have in effect.
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1 7. Workers' Comgensation. Contractor shall provide
2 workers' compensation coverage for all employees employed
3 pursuant to this agreement. Contractor shall provide to
4 City's Risk Management Department an insurance certificate
5 evidencing such insurance.
6 8. Hold Harmless. Contractor shall hold City, its
7 elective and appointive boards, commissions, officers, agents
8 and employees, harmless from any liability for damage or
9 claims for damage for personal injury, including death, as
10 well as from claims for property damage which may in any
11 manner arise from Contractor's operations under this
12 agreement. "Contractor's operations" include operations, acts
13 or omissions by Contractor or by anyone or more persons
14 directly or indirectly employed by, or acting as agent for
15 Contractor. Contractor agrees to, and shall, defend City and
16 its elective and appointive boards, commissions, officers,
17 agents and employees, from any suits or actions at law or in
18 equity for damages caused, or alleged to have been caused, by
19 reason of any Contractor's operations.
20 9. Assignment. The rights of the parties hereunder may
21 not be assigned to any other person, firm or corporation, nor
22 shall duties hereunder be delegable.
23 10. Termination. This agreement may be terminated upon
24 ten (10) days' written notice by City to Contractor.
25 11. Amendment. This agreement may be amended or
26 modified only by written agreement signed by both parties and
27 failure on the part of either party to enforce any provision
28 of this agreement shall not be construed as a waiver of the
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right to compel enforcement of such provision or provisions,
nor act to release any surety from its obligations under this
agreement.
12. Notices. All notices required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
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City of San Bernardino
Director of Public Services
300 North "D" street
San Bernardino, CA 92418
Rick's Tractor &
Discing Service
10710 Tamarind Avenue
Bloomington, CA 92316
10 13. Compliance with Laws. Contractor shall not violate,
11 nor allow the violation of, any law of the City, State or
12 Federal government or rules of City in conducting its
13 operations under this agreement.
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14 DATED: ''fk( ,7; / ~(;~/
15 CITY OF SAN BERNARDINO
ATTEST:
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By II ;/1 L.C)_J .I--A.A.
Mayor
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18 ..e1ty Clerk
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RICK'S TRACTOR & DISCING
SERVICE
A)o ~ - - __
By K9~ ~
Title Co- ~)
Approved as to form:
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3/16/87
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