HomeMy WebLinkAbout28-Public Services
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STAN DOMINGUEZ TO PROVIDE HANDWORK,
REMOVAL, AND PARKWAY SERVICES FOR THE 1987-88 WEED ABATEMENT
PROGRAM, CONTINGENT UPON OBTAINING THE NECESSARY INSURANCE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Upon presentation by Stan Dominguez of evidence
of valid liability insurance coverage and workers compensation
coverage, the Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
agreement with Stan Dominguez to provide handwork, removal, and
parkway services for the 1987-88 weed abatement program, a copy of
which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. In the event the evidence of insurance
coverage is not provided within five days of the adoption of this
resolution, this contract award is null and void, and all bids
for handwork, removal, and parkway services are rejected.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting theFeof, held on
the
day of
, 1987, by the following vote,
to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
3/13/87
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of
The foregoing resolution is hereby approved this
, 1987.
day
Mayor of the City of San Bernardino
Approved as to form:
, " 1 '? h-:'"
,/ I . ." ,.,/~~
,/f'~'t ff ,/:"yfd;f-1--:V-
City Attorney /;)
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AGREEMENT
(Weed Abatement)
THIS AGREEMENT is entered into this
day of
, 1987, between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as "city", and
STAN DOMINGUEZ, hereinafter referred to as "Contractor."
City and Contractor agree as follows:
1. ScoDe of Work. Contractor shall perform handwork,
debris removal, mowing and trimming services, in conjunction
with the City's annual weed abatement program, on parkways and
other properties designated by the City's Director of Public
Services or his or her designee.
2. Time of Performance. Contractor agrees to commence
its work under this agreement on April 13, 1987, and further
agrees to complete, within ten (10) calendar days of written
notification to proceed as to any particular parcel, all
handwork, debris removal, mowing and other work required to
clear the properties designated by the Director of Public
Services or his or her designee through April 1, 1988.
3. PaYment bv citv. Contractor shall bill City for
completed work, ~n a monthly basis, setting forth an
itemization of services provided in such detail as is required
by the Director of Public services. City shall pay Contractor
for services provided herein at the following rates:
'HANDWORK AND REMOVAL
Handwork and removal work (handwork will be 1 hour m1n1mum.
Removal work will be 1/2 hour minimum. Minimum crew shall
consist of at least two (2) men. Hourly rates are per crew.
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1 Handwork (labor and tools per hour)
Trash removal truck and dump fees to be
2 included in hour charge:
$40.00
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Removal work (labor and equipment per hour)
Loader and truck to be included in hour
charged: Dump fee charged additionally: $24.00 per hour
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Parkways when separate from parcel,
per 100 square feet: $10.00
Minimum for parkway when separate
from parcel by sidewalk: $20.00
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In no event shall the total amount paid to Contractor
during the term hereof exceed the total amount of $35,000.00
for the services provided. In the event services are
requested which will exceed limitation, no such work shall be
performed without prior written amendment to this agreement.
4.
Inscection. 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
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1 Management Department a certificate of insurance and an
2 additional in.ured endorsement which provides:
3 (a) That the city will be named as an additional
4 insured on Contractor's liability insurance.
5 (b) The insurance company name, policy number,
6 period of coverage and amount of insurance.
7 (c) That the City Clerk will be notified at least
8 thirty (30) days prior to cancellation or material change in
9 Contractor's coverage.
10 (d) That Contractor's insurance will be primary to
11 any coverage city may have in effect.
12 7. Workers' ComDensation. Contractor shall provide
13 workers' compensation coverage for all employees employed
14 pursuant to this agreement. Contractor shall provide to
15 City's Risk Management Department an insurance certificate
16 evidencing such insurance.
17 8. Ho~d Harmless. Contractor shall hold city, its
18 elective and appointive boards, commissions, officers, agents
19 and employees, harmless from any liability for damage or
20 claims for damage for personal injury, including death, as
21 well as fro. claims for property damage which may in any
22 manner arise from Contractor's operations under this
23 agreement. .Contractor's operations" include operations, acts
24 or omissions by Contractor or by anyone or more persons
25 directly or indirectly employed by, or acting as agent for
26 Contractor. Contractor agrees to, and shall, defend City and
27 its elective and appointive boards, commissions, officers,
28 agents and employees, from any suits or actions at law or in
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equity for damages caused, or alleged to have been caused, by
reason of any of Contractor's operations.
9.
Assianment. The rights of the parties hereunder may
not be assigned to any other person, firm or corporation, nor
shall duties hereunder be delegable.
10. Termination. This agreement may be terminated by
either party upon ten (10) days' written notice to the other.
11. Amendment. This agreement may be amended or
modified only by written agreement signed by both parties and
failure on the part of either party to enforce any provision
of this agreement shall not be construed as a waiver of the
right to compel enforcement of such provision or provisions,
nor act to release any surety from its obligations under this
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agreement.
12. Notices. All notices required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City of San Bernardino
Director of Public Services
300 North "0" Street
San Bernardino, CA 92418
Stan Dominguez
P. O. Box 7551
San Bernardino, CA
13. ComD1iance with Laws. Contractor shall not violate,
nor allow the violation of, any law of the City, State or
Federal government or rules of City in conducting its
operations under this agreement.
DATED:
3/16/87
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