HomeMy WebLinkAbout18-Parks and Recreation
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CITi-IOF SAN BERNARDltO - REQlAAT FOR COUNCIL A<<JION
From: ANNIE F. RAfl0S, DIRECTOR
Dept: PARKS, RECREATION & COMMUNITY
Date: MAY 21, 1987
REC"'hiIdIMliE~TION AUTHORIZING THE EXECUTION OF
~~~GREEMENT WITH MARINE BIOCHEMISTS
SERVICES987 MAY 21 ~F,?;~~FORNIA, INC.RELATING TO PROVIDING
'rA~ ~INTENANCE SERVICES FOR SECCOMBE
LAKE PARK.
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Synopsis of PrllOious Council action:
April 20, 1987 -
The Parks, Recreation and Community Services Department Director was authorized
to enter into a ,contract agreement with Marine Biochemists of California, Inc. for
maintenance of the lake at Seccombe Lake Park.
The preparation and execution of a contract for maintenance of the lake at Seccombe
Lake Park was authorized.
Recommended motion:
Adopt the Resolution.
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Signa u re
Contact person:
Phona:
Supporting data attached:
Resolution
Ward:
FUNDING REQUIREMENTS:
Amount:
$18,327
Acct #001-388-53150 1n 1986/81
Source: & 1987/88 Seccombe Lake Budget
Finance1itr~~ A . .~.
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Council Notes:
75-0262
Agenda Item No. / j.
CITt:OF SAN BERNARDILO - REQl()5T FOR COUNCIL AOION
RESOLUTION AUTHORIZING THE EXECUTION OF STAFF REPORT
AN AGREEMENT WITH MARINE BIOCHEMISTS
OF CALIFORNIA, INC. RELATING TO PROVIDING
LAKE MAINTENANCE SERVICES FOR SECCm1BE
LAKE PARK.
May 21, 1987
Page 2
In order to maintain a proper lake balance conducive for fish and plant life an effective
weed and algae control program must be provided.
Marine Biochemists of California, Inc. have successfully developed and bid a maintenance
program that will assure a good lake fishing environment. It is imperative that a
lake maintenance contract be awarded as quickly as possible in order to be able to
control the growth of weeds and algae that has been occuring. The hot summer weather
will cause a much faster growth than the cooler months.
The contract with Marine Biochemists of California, Inc. will meet the maintenance needs
for the lake. It is recommended that the agreement be authorized.
75.0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MARINE BIOCHEMISTS OF CALIFORNIA,
3 INC. RELATING TO PROVIDING LAKE MAINTENANCE SERVICES FOR SECCOMBE
LAKE PARK. . .
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with Marine Biochemists of California, Inc.
9 relating to providing lake maintenance services for Seccombe
10 Lake Park, which agreement is attached hereto, marked Exhibit "A"
11 nd incorporated herein by reference as fully as though set
12 orth at length.
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SECTION 2. The agreement shall not take effect until
14 ully signed and executed by both parties. The City shall not
15 e obligated hereunder unless and until the agreement is fully
16 xecuted and no oral agreement relating thereto shall be implied
17 r authorized.
18 I HEREBY CERTIFY that the foregoing resolution was
19 uly adopted by the Mayor and Common Council of the City of San
20 ernardino at a
21 a y 0 f
meeting thereof, held on the
, 1987, by the following vote, to-wit:
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AYES:
Counci 1 Members
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved thi~
2 day of
, 1987.
Approved as to form:
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V~-,,'t~..1.IU/7VJ'7(/#-efV
City Attorney
Mayor of the City of San Bernardino
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EXHIBIT ~
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of
, 1987, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter called "City,"
and MARINE BIOCHEMISTS OF CALIFORNIA, a California Corporation,
hereinafter called "Provider."
WITNESSETH
WHEREAS, City desires to provide for the ongoing mainten-
ance of the lake located in Seccombe Lake Park;
WHEREAS, in order to obtain such maintenance it is necessary
to retain the professional services of a qualified provider of
said professional services; and
WHEREAS, Provider is qualified to provide said professional
services for the proper maintenance of the lake; and
WHEREAS, the Mayor and Common Council of the City of San
Bernardino have elected to engage the services of Provider upon
the terms and conditions as hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. GENERAL
Provider shall perform those services specified in "Scope of
Services," a copy of which is attached hereto as Exhibit "B" and
incorporated herein by reference and made a part hereof as though
fully set forth at this point.
Performance of the work specified in said proposal is made an
obligation of Provider under this Agreement, sUbject to any
changes made subsequently upon the mutual agreement of the parties
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hereto. No such changes shall become binding or compensable by
City unless and until approved by the Director of Parks,
Recreation and Community Services (hereinafter "Director") or a
designated representative, in writing.
2. COMPENSATION
Compensation to Provider for the total services to be ren-
dered pursuant to this Agreement shall be a monthly sum of One
Thousand One Hundred and Ninety Dollars ($1,190).
In the event
the lake responds to initial chemical treatments, such as to
require a lesser amount of chemicals and a lesser number of
treatments to maintain the lake at an appearance and safety
level acceptable to the Director, City may, after consultation
with Provider, reduce the amount of the monthly payments in an
amount equivalent to the difference between the cost of the
initial treatment and chemicals and the cost of the reduced
level of treatment and chemicals. Response shall be deter-
mined by tests to be conducted pursua~t to Section 9 of the
Scope of Services. Adjustments may be made SUbject to seasonal
changes in the lake.
3. EXTRA SERVICES
No extra services shall be compensated by City under this
Agreement unless and until such extra services have been author-
ized, in writing, by Director, or her designee. Authorized
extra services shall be invoiced in an amount based on Pro-
vider's cost of changes and as approved by Director.
4. PAYMENT BY CITY
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The billings for all services rendered pursuant to this
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6. ASSURANCE OF COMPLIANCE WITH CIVIL RiGHTS LAWS
Provider hereby certifies that it will not discriminate
against any employee or applicant for employment because of race,
color, religion, sex, marital status or national origin. Provider
agrees to take affirmative action to ensure that applicants are
employed and employees are treated during employment without re-
gard to their race, color, religion, sex, marital status or
national origin. Such action shall include, but not be limited to
the following: employment; upgrading; demotion or transfer;
recruitment or recruitment advertising; and designated representa-
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tives. In addition, Provider shall not exclude from participation
in, deny the benefits of or sUbject to discrimination under this
Agreement any employee or applicant for empl01me~t on the basis of
age under the Age Discrimination Act of 1975 or with respect to an
otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1973 or religion except that any
exemption from such prOhibition against discrimination on the
basis of religion as provided in the Civil Rights Act of 1964 or
Title VIII of April II, 1968, as amended, shall also apply.
7. TERMINATION OF AGREEMENT
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City shall have the right to terminate this Agreement for
cause, upon ten days' written notice of such termination to
Provider, setting forth the grounds for such termination. Grounds
shall include but shall not be limited to, failure to maintain
the lake at an acceptable level of appearance and/or safety,
breach of any of the conditions contained in the agreement or
within the scope of services, impossibility of performance. In
the event of such termination, the Director, or her designee,
shall determine the amount of fees to be paid to Provider for
uncompensated services performed by Provider prior to the date
of termination. Such findings by the Director, or her designee,
as approved by the Mayor and Common Council of the City of San
Bernardino shall be final and conclusive as to the amount of
such fee for uncompensated services. Provider shall not receive
any other payment.
8. INDEPENDENT CONTRACTOR
Provider shall act as an independent contractor in the per-
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formance of the services provided for in this Agreement. They
shall furnish such services in Provider's own manner and method
and shall not be considered an agent or employee of City.
9. NON-ASSIGNMENT
This Agreement is not assignable either in whole or tn part
by Provider without the written consent of City. Any other pur-
ported assignments of this agreement are hereby rendered void
and of no effect.
10. INDEMNIFICATION
Provider hereby agrees to and shall hold City, its elective
and appointive boards, officers, agents and employees harmless
from any liability for damage or claims for damage for personal
injury including death as well as from claims for property damage
which may arise from Provider's acts, errors or omissions under
this Agreement. Provider agrees to and shall defend City and
its elective and appointive boards, officers, agents and employees
from any suits or actions at law or in equity for damages caused
by reason of any of the aforesaid acts, errors or omissions.
Insurance shall be in accordance with Item 10 in Exhibit "B",
Scope of Services, attached hereto. Provider, at Provider's
sole cost and expense shall provide and maintain Workers' Com-
pensation Insurance coverage with the statutory limits of
liability as set forth by the laws of the State of California.
The policy shall be endorsed to waive the right of subrogation
against the City.
11. NOTICES
Official notices relative to the services provided under this
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C Agreement shall be in wRting addresQd to the following: :)
Provider
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Ms. Annie Ramos, Director of
Parks, Recreation & Com. Svcs.
300 N. "D" Street
San Bernardino, CA 92418
Mr. Bill Thomas
Marine Biochemists of
California, Inc.
2940-B East La Jolla St.
Anaheim, CA 92806
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IN WITNESS WHEREOF, the parties hereto have caused thi s
Agreement to be executed on the date first above written by
their respective officer duly authorized in that behalf.
MARINE BIOCHEMISTS OF
CAL IFORN lA, INC.
CITY OF SAN,BERNARDINO
a municipal corporation
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By /t....P/;{' r_.~-i/" {~~~
/". ,
.'treasurer
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By
Mayor
ATTEST:
On this the 15th day of May, 1987, appeared
H. J. Hampton known to me to be the person
whose name is subscribed above.
City C 1 e r k
Notary Public in and for Ozaukee County,
State of Wisconsin.
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Approved as to form:
conunission
City Attorney
expires 11-27-88.
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