HomeMy WebLinkAbout1980-036 ill
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1 RESOLUTION NO. '
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2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CALIFORNIA PLANT PROTECTION,
3 INCORPORATED PROVIDING FOR A COMPREHENSIVE SECURITY GUARD PROGRAM
1AT CITY YARD, 182 SOUTH SIERRA WAY.
4 1 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS :
b 1 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with California Plant Protection, Incorporated pro-
9 viding for a comprehensive security guard program at City Yard,
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182 South Sierra Way, a copy of which is attached hereto, marked
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11 Exhibit "A" and incorporated herein by reference as fully as 1
12 though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
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14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a � meeting thereof , held
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16 on the ,1 _ day of 1980 , by the following
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i7 vote, to wit:
AYES: Councilmen ` ' f
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20 NAYS :
21 ABSENT:
22 C�' I
23 City Clerk
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The foregoing resolution is hereby approved this day
5 10f K , 1980 .
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26 21-ayorJof the City ot San Bernardino
27 Approved as to form: ?
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City AtoEorney
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t I A G R E E M E N T
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(City Yard Security Guard Program)
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. THIS AGREEMENT is made and entered into this day of
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1980, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, referred to as "City" , and CALIFORNIA
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6 ( PLANT PROTECTION, INCORPORATED, a California corporation, referred
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Ito as "Contractor" .
8 The parties agree as follows:
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1. General. Contractor agrees to provide and administer
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10 a comprehensive security guard program at City' s City Yard,
11 located at 182 South Sierra Way, San Bernardino, California.
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12 I 2 . Scope of Work. Contractor shall be responsible for
13 the employment, assignment, supervision and administration of all
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14 security guard personnel . Specific duties of Contractor shall be
15 as directed by City' s Contract Administrator. For purposes of
16 this agreement, the Superintendent of the Refuse Division, Public
17 Works Department, shall be the Contract Administrator.
18 3. Hours of Performance. Contractor shall provide the
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19 services of one security guard on the following basis :
20 (a) Fourteen hours per day, from 12 : 00 Midnight to
21 7 :00 a.m. and from 5 : 00 p.m. to 12 : 00 Midnight Monday through
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22 Friday.
23 (b) Twenty-four hours per day on Saturdays, Sundays
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24 and holidays, as designated by resolution of the Mayor and Common
25 Council or otherwise recognized by City.
26 4 . Term. The term of this agreement shall be for a
27 perj.gd of one year, commencing t ,j ,;, �p � � and terminat-�
28 ing ;
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t 5 . Payment by City. Contractor shall bill City within I
2 ! five days after the first day of each month, setting forth an
3 itemization of services provided during the previous month. City
4 shall pay Contractor for services provided herein, at the rate of
5 x $4 . 92 per hour, payable within ten days after Contractor ' s
6 bill is delivered to City' s Director of Finance.
1 6 . Personnel. No person holding any City office or
8 employment may be employed as security guard personnel. Security
9 guard personnel shall be of trim and neat appearance and shall
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10 wear a standard uniform and badge provided by Contractor and
11 ! approved by City. f
12 7 . City Cooperation. City agrees to cooperate fully with
03 Contractor in the implementation of the security guard program and
14 the development of standard operating procedures to be followed.
15 City shall provide time clocks and time clock stations. The
16 Contract Administrator shall designate the locations of time
17 clock stations and the times to be punched. City shall provide
18 and maintain a patrol vehicle and two-way radio for use in the
19 security guard program. The vehicle and radio equipment shall be
20 operated in strict conformance with all applicable City policies,
21 rules and regulations. Contractor agrees to replace, in-kind,
22 any lost radio equipment and to compensate City for any damage to
23 a City owned vehicle or radio utilized in the program occurring
24 as a result of negligence of Contractor or its security guard
215 (personnel , officers , employees , or agents. The patrol vehicle
26 shall not be removed from the City Yard.
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8 . Termination. This agreement may be terminated by
28 City with or without cause, upon the giving of thirty days notice f
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2 9. Licenses and Permits. Contractor shall procure and
3 keep in force during the term of this agreement, any and all
4 licenses and permits required by any federal , state or local
5 laws or regulations. Contractor shall provide City with a copy
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6 iof its valid State certificate obtained from the State of
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7 California Department of Consumer Affairs for security work.
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8 10 . Insurance. Contractor agrees to procure and maintain
9 in force during the term of this agreement and any extension
10 ( thereof, at its expense, public liability insurance in companies
11 Viand through brokers approved by City, adequate to protect against
12 liability for damage claims arising in any manner out of Con-
13 tractor' s operations, as defined in Section 12 of this agreement,
14 in a minimum amount of $500 ,000 . 00 for each person injured,
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15 $1,000,000. 00 for any one occurrence, and $50 ,000. 00 for property
16 damage. Contractor shall provide to City a certificate of in-
17 surance and an additional insured endorsement which provides:
18 (a) That the City is an additional insured on Con-
19 tractor' s liability insurance .
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20 (b) The insurance company name, policy number , period I
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23 of coverage and amount of insurance.
22 (c) That the City Clerk will be notified at least
23 thirty days prior to cancellation or material change in Con-
24 tractor' s coverage .
25 (d) That Contractor' s insurance will be primary to
26 any coverage City may have in effect.
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27 11. [corkers ' Compensation. Contractor shall provide
28 workers ' compensation coverage for all employees employed pursuant )
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I Ito this agreement. Contractor shall provide to City an insurance
2 certificate evidencing such insurance.
3 12. Hold Harmless. Contractor shall hold City, its
4 elective and appointive boards, commissions, officers , agents and
5 employees, harmless from any liability for damage or claims for
6 damage for personal injury, including death, as well as from
7 ' claims for property damage which may in any manner arise from
8 Contractor' s operations under this agreement. "Contractor ' s
9 operations" include operations, acts or omissions by Contractor
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10 nor by any one or more persons directly or indirectly employed by,
to for acting as agent for Contractor. Contractor agrees to, and
12 shall, defend City and its elective and appointive boards ,
i3 commissions, officers, agents and employees, from any suits or
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actions at law or in equity for damages caused, or alleged to
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95 have been caused, by reason of any of Contractor ' s operations.
16 13. Assignment. Contractor shall not assign this agree-
17 ment without the prior written consent of City.
18 14, Amendment. This agreement may be amended or modified
19 only by written agreement signed by both parties and failure on
20 the part of either party to enforce any provision of this agree-
21 ment shall not be construed as a waiver of the right to compel
22 enforcement of such provision or provisions , nor act to release
23 any surety from its obligations under this agreement.
24 15. Successors, Etc. The covenants and conditions of this
25 agreement shall apply to and bind the successors and legal repre-
26 sentatives of the parties hereto and all covenants are to be
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27 ( construed as conditions.
28 16 . Notices. All notices required shall be in writing
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If �
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hand delivered in person or sent by certified mail, postage pre-
2 paid, addressed as follows :
3 "City" "Contractor"
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4 City of San Bernardino California Plant Protection,
c/o Refuse Superintendent Incorporated
5 300 North "D" Street 183 West "H" Street j
San Bernardino, CA 92418 Colton, CA 92324
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7 17. Compliance with Laws. Contractor shall not violate,
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8 nor allow the violation of, any law of the City, state or federal
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9 government or rules of City in conducting its operations under
10 this agreement.
11 18. Entire Agreement. This agreement represents the
12 entire agreement between the parties .
13 I IN WITNESS WHEREOF, the parties hereto have executed
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14 this agreement on the date first hereinabove written. j
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i5 CITY OF SAN BERNARDINO
ATTEST:
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17 B
�(m
Mayor
Clerk
> 1eacz• s
18 City
19 CALIFORNIA PLANT PROTECTION,
INCORPORATED
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21 By
22 Title—,,'
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24 Approved as to form:
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26 City A orney
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