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HomeMy WebLinkAbout28-Public Services 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 ;.i.' o o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STAN DOMINGUEZ TO PROVIDE HANDWORK, REMOVAL, AND PARKWAY SERVICES FOR THE 1987-88 WEED ABATEMENT PROGRAM, CONTINGENT UPON OBTAINING THE NECESSARY INSURANCE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Upon presentation by Stan Dominguez of evidence of valid liability insurance coverage and workers compensation coverage, the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with Stan Dominguez to provide handwork, removal, and parkway services for the 1987-88 weed abatement program, 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. In the event the evidence of insurance coverage is not provided within five days of the adoption of this resolution, this contract award is null and void, and all bids for handwork, removal, and parkway services are rejected. 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 theFeof, held on the day of , 1987, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk 3/13/87 c:>?? 0 1 2 3 4 5 6 1 ~ ' ,;J-'l.' :X. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o o of The foregoing resolution is hereby approved this , 1987. day Mayor of the City of San Bernardino Approved as to form: , " 1 '? h-:'" ,/ I . ." ,.,/~~ ,/f'~'t ff ,/:"yfd;f-1--:V- City Attorney /;) , 0 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 o o o AGREEMENT (Weed Abatement) THIS AGREEMENT is entered into this day of , 1987, between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "city", and STAN DOMINGUEZ, hereinafter referred to as "Contractor." City and Contractor agree as follows: 1. ScoDe of Work. Contractor shall perform handwork, debris removal, mowing and trimming services, in conjunction with the City's annual weed abatement program, on parkways and other properties designated by the City's Director of Public Services or his or her designee. 2. Time of Performance. Contractor agrees to commence its work under this agreement on April 13, 1987, and further agrees to complete, within ten (10) calendar days of written notification to proceed as to any particular parcel, all handwork, debris removal, mowing and other work required to clear the properties designated by the Director of Public Services or his or her designee through April 1, 1988. 3. PaYment bv citv. Contractor shall bill City for completed work, ~n a monthly basis, setting forth an itemization of services provided in such detail as is required by the Director of Public services. City shall pay Contractor for services provided herein at the following rates: 'HANDWORK AND REMOVAL Handwork and removal work (handwork will be 1 hour m1n1mum. Removal work will be 1/2 hour minimum. Minimum crew shall consist of at least two (2) men. Hourly rates are per crew. 3/16/87 1 FXH\[;n t. o o o o 1 Handwork (labor and tools per hour) Trash removal truck and dump fees to be 2 included in hour charge: $40.00 3 4 5 6 Removal work (labor and equipment per hour) Loader and truck to be included in hour charged: Dump fee charged additionally: $24.00 per hour 7 Parkways when separate from parcel, per 100 square feet: $10.00 Minimum for parkway when separate from parcel by sidewalk: $20.00 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 In no event shall the total amount paid to Contractor during the term hereof exceed the total amount of $35,000.00 for the services provided. In the event services are requested which will exceed limitation, no such work shall be performed without prior written amendment to this agreement. 4. Inscection. Prior to payment by city, City shall inspect each completed parcel to determine compliance with San Bernardino Municipal Code Chapter 8.27. 5. Licenses and Permits. Contractor shall procure and keep in force during the term of this agreement any and all licenses and permits required by any federal, state or local laws or regulations. 6. Insurance. Contractor agrees to procure and maintain in force during the term of this agreement, at its expense, public liability insurance in companies and through brokers approved by City, adequate to protect against liability for damage claims arising in any manner out of Contractor's operations in a minimum amount of $500,000.00 for each person injured, $500,000.00 for anyone occurrence, and $50,000.00 for property damage. Contractor shall provide to City'S Risk 3/16/87 2 o o o o 1 Management Department a certificate of insurance and an 2 additional in.ured endorsement which provides: 3 (a) That the city will be named as an additional 4 insured on Contractor's liability insurance. 5 (b) The insurance company name, policy number, 6 period of coverage and amount of insurance. 7 (c) That the City Clerk will be notified at least 8 thirty (30) days prior to cancellation or material change in 9 Contractor's coverage. 10 (d) That Contractor's insurance will be primary to 11 any coverage city may have in effect. 12 7. Workers' ComDensation. Contractor shall provide 13 workers' compensation coverage for all employees employed 14 pursuant to this agreement. Contractor shall provide to 15 City's Risk Management Department an insurance certificate 16 evidencing such insurance. 17 8. Ho~d Harmless. Contractor shall hold city, its 18 elective and appointive boards, commissions, officers, agents 19 and employees, harmless from any liability for damage or 20 claims for damage for personal injury, including death, as 21 well as fro. claims for property damage which may in any 22 manner arise from Contractor's operations under this 23 agreement. .Contractor's operations" include operations, acts 24 or omissions by Contractor or by anyone or more persons 25 directly or indirectly employed by, or acting as agent for 26 Contractor. Contractor agrees to, and shall, defend City and 27 its elective and appointive boards, commissions, officers, 28 agents and employees, from any suits or actions at law or in 3/16/87 3 o o o o 1 2 3 4 5 6 equity for damages caused, or alleged to have been caused, by reason of any of Contractor's operations. 9. Assianment. The rights of the parties hereunder may not be assigned to any other person, firm or corporation, nor shall duties hereunder be delegable. 10. Termination. This agreement may be terminated by either party upon ten (10) days' written notice to the other. 11. Amendment. This agreement may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agreement. 12. Notices. All notices required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino Director of Public Services 300 North "0" Street San Bernardino, CA 92418 Stan Dominguez P. O. Box 7551 San Bernardino, CA 13. ComD1iance with Laws. Contractor shall not violate, nor allow the violation of, any law of the City, State or Federal government or rules of City in conducting its operations under this agreement. DATED: 3/16/87 4 o o o o