HomeMy WebLinkAbout1985-126
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RESOLUTION NO. l!2::Jo~!'i,_
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ED MARTIN'S DISCING RELATING TO
WEED ABATEMENT SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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6 SECTION 1. The Mayor of the City of San Bernardino is hereby I
7 authorized and directed to execute on behalf of said City an
8 Agreement with Ed Martin's Discing relating to weed abatement
9 services, a copy of which is attached hereto, marked Exhibit nAn
10 and incorporated herein by reference as fully as though set forth
11 at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
reaular
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the
, 1985, by the following vote,
l",t- day of
llpr; 1
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AYES:
Council Members
M;::trkc::.
.
Castanedn
Rp.i lly
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Ouiel
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NAYS:
None
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ABSENT:
Council Members Hernt=lnch'!7. F'rrl'7;p.r ~+-r;,.....l~lnr
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A-,~~~~
/ City Cler
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JI.pril
, 1985.
The foregoing resolution is hereby
day
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I Approved as to
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form:
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A G R E E MEN T
(Weed Abatement)
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is entered into this
THIS AGREEMENT
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day of
, 1985, between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as .City., and ED
MARTIN'S DISCING, organized pursuant to the laws of the State of
California, hereinafter referred to as "Contractor.n
City and Contractor agree as follows:
9 1. Scope of Work. Contractor shall disc vacant properties
10 within the boundaries of the City of San Bernardino. Contractor
11 shall also, on specific request of the Director of Public
]2 Services, provide mowing and scraping services in conjunction
]3 with weed abatement set forth hereinafter. The specific
]4 properties to be disced or otherwise abated shall be designated
]5 by City's Director of Public Services or his or her designee.
]6 2. Time of Performance. Commencing April 16, 1985,
17 Contractor agrees to complete initial discing and related mowing
]8 and scraping services prior to June 30, 1985, and perform such
19 other discing and other mowing and scraping services as may be
20 required by the Director of Public Services or his or her
2] designee through April 15, 1986.
22 3. Payment by City. Contractor shall bill City for
23 completed work, on a monthly basis, setting forth an itemization
24 of services provided in such detail as is required by the
25 Director of Public Services. City shall pay Contractor for
26 services provided herein at the following rates:
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/ / / /
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DISCING
Description
Price Per Parcel
Mowing
Discing Spring/Fall Scraping
Single parcels, any size $25.00 $28.00/30.00
up to and including one-half
(1/2) acre. Complete
abatement.
$25.00
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28.00130.00
25.00
"B" Single parcels over one-half
(1/2) acre, up to and
including one (1) acre.
Complete abatement.
25.00
30.00/30.00
25.00
"C" Acreage over one (1) acre,
up to and including ten
(10) acres. Price per acre.
Complete abatement.
28.00
30.00/30.00
25.00
(10) acres.
Complete
28.00
"D"
Acreage over ten
Price per acre.
abatement.
30.00/30.00
"E" Fire breaks (when permitted) 28.00
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.
25.00
In no event shall the total amount paid to Contractor during
the term hereof exceed the total amount of $75,000.00 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. Inspection. Prior to payment by City, City shall
inspect each completed parcel to determine compliance with San
Bernardino Municipal Code Chapter 8.27.
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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.
7. Workers' Compensation. Contractor shall provide
workers' compensation coverage for all employees employed
pursuant to this agreement. Contractor shall provide to City's
Risk Management Department an insurance certificate evidencing
such insurance.
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8. Hold Harmless. Contractor shall hold City, its elective
, and appointive boards, commissions, officers, agents and
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employees, harmless from any liability for damage or claims for
damage for personal injury, including death, as well as from
claims for property damage which may in any manner arise from
Contractor's operations under this agreement.
nContractor's
operations" include operations, acts or omissions by Contractor
or by anyone or more persons directly or indirectly employed by,
or acting as agent for Contractor.
Contractor agrees to, and
shall, defend City and its elective and appointive boards,
commissions, officers, agents and employees, from any suits or
actions at law or in equity for damages caused, or alleged to
have been caused, by reason of any Contractor's operations.
9. Assignment. The rights of the parties hereunder may not
be assigned to any other person, firm or corporation.
10. Termination. This agreement may be terminated upon ten
(10) days' written notice by City to Contractor.
11. Amendment. This agreement may be amended or modified
only be written agreement signed by both parties and failure on
the part of either party to enforce any provision of this
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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 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 "D" Street
San Bernardino, CA 92418
Ed Martin's
15124 Ceres
Fontana, CA
Discing
Street
92335
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13. COfflPliance with Laws. Contractor shall not violate,
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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: ~///. /9',fC
7 ATTEST:
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~/?t1~41b
city Clerk
Approved as form:
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B
CITY OF SAN BERNA
ED MARTIN'S DISCING
By ~~&-
Title OCt> .u~