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HomeMy WebLinkAbout02-City Administrator -~-------- - -- ~ . CITY OF SAN BERN~DINO - REQUEST lOR COUNCIL ACTION From: Peggy Ducey Asst. to City Administrator Subject: Approve contract for landscaping supervision Dept: Date: December 5, 1991 Synopsis of Previous Council action: 12/2/91 -- Community Development Commission approved funding in the amount of $300,000 for Phase II - City wide Beautification Recommended motion: Adopt resolution. Contact person: j)Pggy nn/"'py Phone: 5122 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: $10,000 Source: (Acct. No.! Bond Proceeds (Acct. DescriDtion) Finance:j.. (,,,nC'--v'c:::.~j<v >f Council Notes: 75-0262 Agenda Item No ~ . CITY OF SAN BERNQ.DINO - REQUEST ~ COUNCIL ACTION STAFF REPORT On December 2, 1991, the Community Development Commission approved the allocation of $300,000 for Phase II of the City-wide Landscaping and Beautification Program. Included was funding to hire a crew of temporary laborers and supervisor to oversee the planting of the trees and shrubs. Attached is a contract to hire a crew supervisor. The supervisor will work on an as-needed basis, and be paid a rate of $19.25 per hour. RECOMMENDATION: Adopt Resolution. 75.0264 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BERT C. UPSON RELATING TO LANDSCAPING INSTALLATION. 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 Bert C. Upson relating to landscaping installation, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on the , 1991 , by the following vote, to day of wit: IIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I o councilmembers ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM 9 10 MILLER 11 12 13 14 15 16 Approved as to form and legal content: 17 18 19 20 21 22 23 24 25 26 27 AYES o NAYS ABSTAIN ABSENT City Clerk of The foregoing resolution is hereby approved this , 1991. JAMES F. PENMAN city Attorney By: Oa- j- V day () !~~ 28 W. R. Holcomb, Mayor City of San Bernardino 2 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT, made and entered into this day of , 1991 by and between the CITY OF SAN BERNARDINO ("City") and BERT C. UPSON ("Consultant"): WITNESSETH NOW THEREFORE, the parties hereto agree as follows: 1. city hereby engages Consultant to perform the following services: A. Supervise crew of temporary laborers to install landscaping in various designated City locations. B. Coordinate the ordering, delivery, and unloading of landscaping materials from the vendor. C. Supervise the planting of materials and necessary watering while under the timelines of this contract. 2. Consultant shall be paid at a rate of $19.58 per hour for a maximum of Forty (40) hours per week, which compensation shall not exceed $10,000 over the term of the Agreement. 3. Consultant shall maintain and file with the City Administrator of city a record of all hours worked on assigned study. Supervision of Consultant shall be coordinated with the City Administrator or her designee. Consultant shall at such time intervals as directed by the City Administrator, submit a claim based on such records to the City in the manner and form as prescribed by the City Administrator. / / / / / / / / / / / / / / / o o 1 4. This Agreement shall commence upon execution of this 2 contract by both parties and shall continue for 90 days, but may be 3 terminated by either party upon thirty (30) days written notice to 4 the other. 5 5. For all purposes, Consultant shall be considered as an 6 independent contractor and not as an employee of the City. 7 6. Except as specifically provided herein, Consultant shall 8 not be entitled to any employee benefits, such as, but not limited 9 to, vacation leave or accrual, sick leave, retirement benefits, 10 paid vacation, seniority, etc. City shall not deduct from 11 Consultant's compensation any withholding except as is required for 12 such independent contractors. Consultant shall be responsible for 13 all taxes on said compensation. 14 7. Consul tant agrees to defend, indemnify, save and hold 15 City, its officers, agents and employees harmless from any claim or 16 suits that may be brought by third persons on account of personal 17 injury, death, or damage to property, or a property or business or 18 personal interest, arising from any negligent act or omission by 19 Consultant while performing services under this Agreement. 20 8. Any notices to be sent pursuant to this Agreement from 21 one party to the other shall be deposited with the united states 22 Postal Service postage prepaid and addressed as follows: 23 24 25 26 27 28 TO THE CITY: City Administrator City of San Bernardino 300 N. "0" Street San Bernardino, CA 92418 TO THE CONSULTANT: Bert C. Upson 757 East Arrowhead San Bernardino, CA Road 92404 2 . '. o o 1 AGREEMENT WITH BERT C. UPSON FOR PLANTING SERVICES. 2 3 giving of notice by personal service. 4 5 6 7 8 9 10 Nothing in this section shall be construed to prevent the IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO By: SHAUNA CLARK city Administrator 11 Approved as to form and legal content: 12 13 JAMES F. PENMAN, City Attorney 14 15 By: (1...>> 1. !L~ 16 C1 17 18 19 20 21 22 23 24 25 26 27 28 CONSULTANT BERT C. UPSON 3