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RESOLUTION NO.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AN
2 DARREL BARBARICK RELATING TO DISCING OF VACANT PROPERTIES FOR WEE
ABATEMENT PURPOSES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed
execute, on behalf of said City, an agreement between the City 0
San Bernardino and Darrel Barbarick, relating to discing of vacan
properties for weed abatement purposes.
SECTION 2.
The authorization to execute the above reference
Agreement is rescinded if the parties to the Agreement fail t
execute it within sixty (60) days of the passage of is Resolution.
I HEREBY CERTIFY that the foregoing Resolution was duly adopte
by the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
1994, by the following vote, to-wit:
Council Members:
ABSTAIN
Me
HAU
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
MILLER
City Clerk
06-30-94
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RESOLUTION.. .AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
E CITY OF SAN BERNARDINO AND DARREL BARBARICK. RELATING TO DISCING
F VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES.
foregoing Resolution is hereby approved this
, 1994.
pproved as to form
nd legal content:
AMES F. PENMAN,
ity Attorney
~3O-9C
day
Tom Minor, Mayor
City of San Bernardino
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AGREEMElf'l'
THIS AGREEKENT is entered into between (A)r~i
~
. .... .... ..... ^ . .,("CONTRACTOR")
B ARDINO .. "CITY"T~. . .. .
and the CITY OF SAN
WITNESSETH:
A. WHEREAS, CITY has need for annual weed abatement service
within the CITY and,
B. WHEREAS, CONTRACTOR is competent, experienced and able
to perform said services: and,
c. WHEREAS, CONTRACTOR has provided the lowest responsible
bid for the providing of such services;
NOW THEREI'ORE, the parties hereto aqree as follows:
1. CONTRACTOR shall furnish annual weed abat_ent service to
the CITY in accordance with Bid Specifications F-95-01.
2. Over the term of this Aqreement, CONTRACTOR shall be paid
for such services an amount in accordance with Bid Specification
.
F-95-01 Bidder'S Proposal and Stat_ent.
3. CONTRACTOR shall provide the Public Services Department
with a monthly invoice in arrears and shall be provided payment
within thirty (30) days therefrom. CITY retains the riqht to
challenge all or any part of an invoice.
4. The term of this Aqre_ent shall be one (1) year from the
date first above shown.
5. CONTRACTOR aqrees to defend, indemnify, save and hold
CITY, its officer, agents and _ployees harmless form any claims or
suits that may be brought by third persons on account of personal
injury, death or damaqe to property or a property or business or
personal interest, arising from any negliqent act or omission by
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contractor while performing services under this Agreement.
6. While not restricting or limiting the foregoing, during
the term of this Agreement, contractor shall maintain in effect
pOlicies of comprehensive pUblic, general and automobile liability
insurance, in the amount of $1,000,000.00 combined single limit,
and statutory worker's compensation coverage, and shall file copies
of said policies with the CITY'S Risk Manager prior to undertaking
any work under this Agreement.
7. CONTRACTOR shall perform work tasks as directed by the
Public Services Department, but for all intents and purposes
contractor shall be an independent contractor and not an agent or
employee of the CITY.
8. In the performance of this Agreement and in the hiring and
recruitment of employees, contractor shall not discriminate on the
basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
.. Any notice to be given pursuant to this Agreement shall be
deposited with the United States Postal Service, postage prepaid
and addressed as follows:
'1'0 '1'JIE CITY:
Pat Malloy, Director
300 North "0" Street
San Bernardino, CA 92418
'1'0 '1'JIE COIl'l'RAC'l'OR:
(B)
2
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Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
r. wrTHBSS WHERBOP, the parties hereto have executed this
Agreement on the day and date first above shown.
O t .li't:&t!W."'!\\\t~$%1
a e. ....Ii'T;x>..:-.~.. ..>;~...:.:.:t ... .':~'. . /M >:::;:::::.>..:-:.:tlt~I'(
BY:(C)~~(ck
S~gnature
CITY OF SAN BERNARDINO
Date:
By:
Tom Minor, Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman,
City :ttorney
By:
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