HomeMy WebLinkAbout1981-115 i a
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
XECUTION OF AN AGREEMENT WITH D. & D. DISPOSAL, INC. RELATING TO
3 THE REMOVAL OF DEAD ANIMALS AND THE FURNISHING OF A WALK-IN
FREEZER; AND REPEALING RESOLUTION NO. 80-520.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with D. & D. Disposal, Inc. relating to the removal of
9 dead animals and the furnishing of a walk-in freezer, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 erein by reference as fully as though set forth at length.
12 SECTION 2. Resolution No. 80-520 is hereby repealed.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a 9 meeting thereof, held
16 on the day o , 1981, by the following
17 vote, to wit:
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18 AYES: Councilmen
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20 NAYS: �J
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21 ABSENT:
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23 City Clerk
24 The foregoing resolution is hereby approved t day
25 of �: 1981 .
26 r f City of Sa ernardino
App owed as to form:
27 D
28 City Atorney
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i A G R E E M E N T
2 THIS AGREEMENT is made and entered into by and between the
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3 CITY OF SAN BERNARDINO, a municipal corporation, referred to as
4 "City", and D. & D. DISPOSAL, INC. , referred to as "D. & D. " .
5 The parties agree as follows:
6 1. Recitals.
7 (a) City owns and operates an animal shelter.
8 (b) City requires a freezer unit at the City Animal
9 Shelter for short term cold storage of dead animals .
10 (c) City also requires the periodic removal of the dead
11 animals.
12 (d) City desires to obtain D. & D. ' s services consisting
13 of the removal of dead animals and the provision of a walk-in
14 freezer.
15 2. Services.
16 (a) D. & D. will provide and maintain a walk-in freezer,
17 10 1/2 feet by 10 1/2 feet in size. City shall provide electrical
18 service to the freezer and shall provide and pay for necessary
19 electrical current. D. & D. shall maintain the freezer in good
20 working order at all times during this agreement. Barrels will be
21 provided for receptacles for all dead animals. The freezer shall
22 be the property of D. & D.
23 (b) D. & D. will take possession and remove from the
24 City Animal Shelter all dead animals weekly, or as often as
25 necessary to prevent over-accumulation.
26 3. Term. The term of this agreement shall be for a period
27 of two years commencing April 1, 1981 .
28 4. Payment. City will pay D. & D. the sum of $250.00 per
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I month for the services provided in this agreement.
2 5. Hold Harmless . D. & D. agrees to, and shall, hold City,
3 its elective and appointive boards, commissions, officers, agents
4 and employees harmless from any liability for damage or claims for
5 damage for personal injury, including death, as well as from
6 claims for property damage and all other claims which may arise
7 from D. & D. ' s services or activities in connection with this
8 agreement, whether such services or activities be by D. & D. or by
9 any one or more persons directly or indirectly employed by or
10 acting as agent for D. & D. D. & D. agrees to and shall defend
11 City and its elective and appointive boards, commissions,
12 officers, agents and employees from any suits or actions at law or
13 in equity for damages caused, or alleged to have been caused, by
14 reason of any of D. & D. ' s services or activities.
15 City agrees to, and shall, hold D. & D. , its officers, agents
16 and employees harmless from any liability for damage or claims for
17 damage for personal injury, including death, as well as from
18 claims for property damage and all other claims which may arise
19 from City' s activities in connection with this agreement, whether
20 such activities be by City or by any one or more persons directly
21 or indirectly employed by or acting as agent for City. City
22 agrees to and shall defend D. & D. and its officers, agents and
23 employees from any suits or actions at law or in equity for
24 damages caused, or alleged to have been caused, by reason of any
25 of City' s activities.
26 6. Liability Insurance. D. & D. agrees to procure and
27 maintain in force during the term of this agreement and any
28 extension thereof, at its expense, public liability insurance in
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I companies and through brokers approved by City, adequate to
2 iprotect against liability for damage arising out of D. & D. ' s
3 services or activities in connection with this agreement, in a
4 minimum amount of $100,000 for each person injured, $300, 000 for
5 any one accident, and $25,000 for property damage. Such insurance
6 policies shall provide coverage for City' s contingent liability on
7 such claims or losses. City shall be named as an additional
8 insured. A certificate of insurance shall be delivered to City' s
9 Risk Management Division, City Hall, 300 North "D" Street, San
10 Bernardino, California 92418. D. & D. agrees to obtain a written
11 obligation from the insurers to notify City in writing at least 30
12 days prior to cancellation or refusal to renew any such policies.
13 7. Worker ' s Compensation Insurance. D. & D. shall carry a
14 policy of Worker ' s Compensation Insurance covering any and all of
15 its employees.
16 8. Assignment. D. & D. agrees not to assign this agreement,
17 or any right or privilege connected therewith, without first
18 obtaining City' s written consent.
19 9. Default. If either party defaults in compliance with any
20 of the provisions of this agreement, the other party may give
21 notice, specifying the nature of the default and demanding that it
22 be cured. If the default is not cured within thirty days after
23 notice, the party giving notice of default may terminate this
24 agreement upon thirty days ' notice.
25 DATED: Y&AL� /921
26 CITY OF SAN BERNARDIN
ATTEST:
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28 �G> �// f ,der ayor
City Clerk
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1 D. & D. DISPOSAL, INC.
By /; t
3 Title
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Approved as to form:
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/tt—yA orney
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