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RESOLUTION NO. 84--434
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH AMERICAN DECORATING COMPANY, INC.,
RELATING TO THE INSTALLATION, SERVICE, REMOVAL AND STORAGE OF
CHRISTMAS DECORATIONS FOR THE 1984 CHRISTMAS SEASON.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
Agreement with American Decorating Company, Inc., relating to the
installation, service, removal and storage of Christmas
decorations for the 1984 Christmas season, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino
at a
regular
_ meeting
thereof, held on
the 15th
day of
October
1984, by the
following vote,
to wit:
AYES: Council Members C'a staneda Reilly,—Hernandiez.
Ouiel Frazier Stricl--ler
NAYS: None
ABSENT: None
_ Z
City Clerk
24 The foregoing resolution is hereby approved th'
25 ;, of Octo.'oer_ , 1984.
26 ;I a o th Ci y of San
Approved as to form:
27
28 Zr �.
City At orney
"e� day
rnaraino
AMERICAN DECORATING COMPANY INC.
LEASE AND INSTALLATION CONTRACT.
This contract entered into this 8th day of October ,19 84 by and between
American Decorating Company Inc. 716 McKeever, Azusa, Ca. 91�(herein called
"American") and City of San Bernardino 300 N. "D" Street San Bernardino
CA 92418 TTN: Raymond D. Schweitzer Deouty city administration
(herein called Customer Witnesseth that the parties hereto do mutually
agree as follows.
ARTICLE I. Term of Contract
The Term of this Contract schedule, with respect to each item of lease and
installation listed herein, is for a term of 8 months. Commencing
8-15
on October 8 .,19 84 and terminating on June 30th 19
ARTICLE II. Statement of Work
American shall Install, Service Remove and store the following Christmas
Decorations which customer owns:
20 10' ^ndarid 6th street.
.. ,n I __I ._ I_ .i.__- ..:+L. 71 ...-.4 tir.-, .+ in+0rcortinnr nn " F " Street_
The price includes storage of the additional 50 IU'
trees which you ownd through Se t'. 1 1985
**American will select the best trees available in 1984 installation.
**Storage on the unused trees is estimated nt $80.00 each month.
Credit will be qiven if disposed of before June 30, 1985.
Location of installationPlot plan on file
Installation shall be started no earlier than November 10,
and must be completed no later than November- ,
Removal shall be started after January 1, Mb
and completed no later than January , 1985
Time is of the essence in the performance of this contract.
ARTICLE III. Payments
Customer shall pay to American for the performance of this contract a fixed
price of $ 3,O..O...a0. which price shall constitute total compensation to American-.
Payments shall be payable as
follows:
The
first 1 5 GO_. 0.0
paid
The
second 1,500.00
paid
The
third
paid
The
fourth
paid
The
fifth
paid
The
sixth
paid
The
seventh
paid
The
eighth
paid
The
nineth
paid
on December 1
on January 15,
on
on
on
on
on
on
on
19 84
1985
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ARTICLE IV. Warranty
Unless otherwise agreed to in writing by the parties, American warrants that all work
performed by it under this Contract will be performed in a good and workman like
manner, however, American will not be responsible for theft and/or vandalism of
decorations when installed.
ARTICLE V. Insurance
American will obtain and keep in force public liability insurance in the amount of
$100, 000. 00 for injury to one person, and $500, 000. 00 for injury to more than one
person, and property damage in the amount of $50, 000.00. American will furnish a
certificate of said insurance upon written request.
ARTICLE VI. Site Preparation and Plot Plan
The location for the installation of decorations shall be furnished by customer and must
be first approved by American's field representative as to feasibility for installations.
Customer will be responsible for any permission and permits necessary for proper
installation of decorations from owners, lessees, lessors, city, state or other
governmental authority.
American is given permission to install decoration hardware items (faceplates, cable,
anchor points) at a reasonable time prior to actual installation dates. Hardware items
may be left in place between seasons unless otherwise indicated in Article XI.
ARTICLE VIL Electrical Source and Currents
Customer, unless otherwise specified, will furnish adequate electric power and a
suitable, approved electrical connection within 20 feet of decorations to be installed.
Customer will be responsible for electric current consumed by decorations and for
any permits or permission necessary for electrification of decorations.
ARTICLE VILL Subcontractors and Assignments
American does have the option to subcontract all or part of the described performance
of this Contract, however, this option will not have any effect as to the cost of
performance of this Contract.
ARTICLE IX. Conflict of Applicable Law
If any provisions of this Contract are contrary to, prohibited, or deemed invalid under
existing applicable laws or regulations, or laws or regulations adopted before this
Contract expires, of any jurisdiction in which it is sought to be enforced, then such
provisions of this contract which contravene such laws or regulations shall be excused
from performance by American. The remaining provisions of this Contract, however,
which do not contravene any such applicable law or regulation shall remain in full force
and effect.
ARTICLE X. Default
In the event of a default in the payment of any sums due hereunder, or in the performance
of any other covenant herein, and if Customer fails to cure said default within three(3)
days after written notice from American, or if Customer becomes insolvent, or ceases
to do business as a going concern, or makes an assignment for the benefit of creditors
IM
or any proceeding or petition under the Bankruptcy Act as amended is filed by or
against Customer, (including a proceeding for reorganisation, arrangement or extension),
then in such event, American at its sole option, shall have the right to terminate this
Contract a■ to any and all items of installations and American shall thereupon be
entitled to recover from Customer the excess, if any, of the amount of payments
reserved is the Contract for the balance of the stated term.
ARTICLE XI: Alterations in Contract
In witness whereof, the parties hereto have executed this Contract as of day and
year first above written.
AA�[ERICAN DECORATING C ANY INC
By Title
Date 19
14—
Title
Title Z'/
Date 19
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