HomeMy WebLinkAbout1980-194 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MARANATHA DISCING COMPANY RELATING
3 TO THE DISCING OF VACANT PROPERTIES WITHIN THE CITY OF SAN
BERNARDINO FOR WEED ABATEMENT PURPOSES .
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS :
6 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 Maranatha Discing Company relating to the discing
9 of vacant properties within the City of San Bernardino for weed
10 abatement purposes, 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
1 Bernardino at a (l� ildtG,licer� ��,�, meeting thereof, held
16 on the day of� 1980, by the following
17 vote, to wit:
1 ; AYES: Councilmen
NAYS:
we
;1 ABSENT:
22
23 City Clerk
24 The foregoing resolution is hereby appro his �, day '
of , 1980 .
yor f e City of San Bernardino
Approved as to form:
OC
ty At rney
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1 A G R E E Di E N T
2 (Weed Abatement)
3
THIS AGREEMENIT is entered into between. the CITY OF ShN
4 IBERNARDINO, a municipal corporation, referred to as "City" , and
5
11•1ARANATHA DISCING COMPANY, organized pursuant to the laws of the
6 State of California, referrer to as "Contractor_
7 City and Contractor agree as follows:
S 1. Scope of TTork. Contractor shall disc vacant properties
e boundaries of the City of San Bernardino as illustrated
9 , within the ro
10
Ion the attached map, marked Exhibit "I" and incorporated herein
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11 by reference as fully as though set forth at length. The specific
12 ' Properties to be disced shall be designated by City' s Street
13
Superintendent"or his designee.
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2. Time of Performance. Contractor agrees to complete
15 Eall work prior to June 15, 1980. E
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1 3. Pa-yment by City. Contractor shall bill City for com- {
leted work, setting forth an itemization of services provided in
17 is P i
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18 such detail as is required by City' s Street Superintendent. City'
19 shall pay Contractor for services provided herein at the rate
liof $25.00 per acre for vacant property completed, but in no
21 l!; event shall the total amount paid to Consultant during the term
22 : hereof exceed the total a-ount of $60,000.00 .
23 4. Inspection. Prior to payment by City, City shall
24 ! inspect each completed parcel to determine compliance with
�5 = Ordinance No. 2022.
5. Licenses and Permits. Contractor shall procure and
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Ikeep in force during the term of this agreement, any and all
23 Ilicenses and permits required by any federal, state or local laws
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I or regulations.
2 6. Insurance. Contractor agrees to procure and maintain
3 in force during the term of this agreement, at its expense,
4 1 public liability insurance in companies and through brokers
5 approved by City, adequate to protect against liability for
(, damage claims arising in any ma-aner out of Contractor's operations
7 in a minimum. amount of $500,000 .00 for each person injured,
8 . an
i $1 000,000.00 for one occurrence, and $50,000 . 00 for prop '
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9 � erty damage. Contractor shall provide to City a certificate of
10 insurance and an additional insu=ed endorsement which provides:
11 (a) That the City is an additional insured on Con-
12 tractor' s liability insurance.
13 i (b) Th8 insurance company name, policy number, period
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14 `•. of coverage and amount of insurance.
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1� (c) That the City Clerk will be notified at least
:' thirty days prior to cancz'_1at_on or material change in Con-
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i� tractor' s coverage.
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1S (d) That Contractor' s insurance will be primary to any
19 =! coverage City may have in effect.
20 ' 7. Workers' Compensation. Contractor shall provide
21 workers' compensation c ov e rag e for all employees employed p ursuant !
22 to this agreement. Contractor shall provide to City an insurance,_
23 ', certificate evidencing such insurance.
24 8. Hold Harmless. Contractor shall hold City, its
25 selective and appointive boards, commissions, officers, agents
25 ( and employees, harmless from any liability for damage or claims
27 for damage for personal injury, including death, as well as from
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29 !claims for property damage ivhich may in any manner arise from
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I lContractor' s operations under this agreement. "Contractor' s
2 !operations" include operations, acts or omissions by Contractor
3 or by any one or more persons directly or indirectly employed by,
4 or acting as agent for Contractor. Contractor agrees to, and
5 i shall, defend City and its elective and appointive boards,
6 commissions, officers, agents and employees, from any suits ..or -`
! actii
on's at law or in equity for damages caused, or alleged
g ! have been caused, by reason of any of Contractor's operations.
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9. Assignment. The rights of the parties hereunder may
10 Inot be assigned to any other person, firm or corporation.
11 10. Termination. This agreement may be terminated upon
12 !ten (10) days written notice by City to Contractor.
13 11. Amendment. This agree=ment may be amended or modified
14 !only by written agreement signed by both parties and failure on
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15 !the part of either party to enforce any provision of this agree-
16 I:`ment shall not be construed as a waiver of the right to compel
17 !enforcement of such provision or provisions , nor act to release
1c !any surety fro:; its obligations under this agreement.
19 12. Notices. All notices required shall be in writing
20 land delivered in person or sent by certified mail, postage pre-
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21 iIpaid, addressed as follows:
22 j City of San Bernardino Maranatha Discing CompanyT F -
I c/o Street Division 11262 Walnut
23 f 300 North "D" Street Bloomington, CA 92316
! San Bernardino, CA 92418 "
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1 13. Compliance with Laws. Contractor shall not violate,
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2 1, nor allow the violation of, any law of the City, state or federal
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3 ( government or rules of City in conducting its operations under
4 t agreement.
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5 f DATED: ( -
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6 CITY OF SAN BERT RDI
ATTEST:
7
y
M ay
ity Clerk
9
MARANA HA DISCING COMPANY
10
11 BY
12 Title :
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!' Approved a,i'
pp 5 to form:
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5 I City At orney
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