HomeMy WebLinkAboutCC Resolution 8184 (P&F Safety Services)RESOLUTION NO. 8184
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
EXTENSION AND EXPANSION OF AGREEMENT WITH P&F SAFETY SERVICES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael, a contract, lease or agreement with
P&F Safety Services 1799 So. Winchester Blvd., Suite 210, Campbell,
California, 95008, a copy of which is hereby attached and by this
reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing
resolution was
duly and
regularly
introduced and adopted at a
REGULAR meeting of
the City
Council of
said City held on MONDAY
the
18TH
day of
June ► 1990 ► by the following vote to wit:
AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
� �rt
JEA IL�,� LEONCINI, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of June,
1990 by and between the City of San Rafael, a political subdivision
of the State of California, hereinafter referred to as "City" and
P&F Safety Services, hereinafter referred to as "Contractor",
W I T N E S S E T H
In consideration of the mutual promises and covenants
hereinafter contained, the parties hereto do agree as follows:
1. This agreement shall be in full force and effect for a term of
one year during which Contractor agrees to act as a Safety
Consultant, reference and information source for the City of San
Rafael.
2 A. Contractor agrees to conduct four (4) physical survevs of
all Citv facilities listed in Exhibit A to ascertain any potential
for employee exposure to injury and/or illness, and to make
recommendations which are consistent with applicable Federal and
State OSHA regulations. The City will be divided into four (4)
geographic zones to ensure that each location receives at least one
(1) complete survey annually.
B. Contractor agrees to conduct Liability surveys which
address the potential liability arising out of various City
operations and which suggest methods of minimizing the City's
liability exposure. Liability surveys will include, but not
necessarily be limited to, the following:
1. Survey of all public areas of the City's parks which will
include access areas, paths, playground equipment,
bleachers, playing fields, picnic areas, and other
related park facilities.
2. Surveys of downtown high density areas wherein sidewalks,
streets, curbs and gutters, right-of-way obstructions,
and signage will be observed.
3. Survev of Municipal Parking facilities and equipment
therein.
4. Survey potential Liability exposures arising from the
public use of all City locations/facilities.
5. Review City vehicles with respect to maintenance and
conditions at Public Works rtes and the, Corporation Ya,. -c.
COPY
6. Survey of work crew sites to determine proper flagging,
coning, barricading and other work procedures.
7. Any other miscellaneous items which may arise and are
apparent during the course of the surveys.
C. Contractor agrees to conduct one (1) training session
each quarter regarding subjects that are timely and consistent with
those areas where additional information would or could assist in
the reduction of on-the-job accidents.
3. Contractor agrees to provide a total of ten (10) Engineering
Days during the term of this agreement to conduct the foregoing
physical and liability surveys, training sessions, provide related
consultant services, travel and reports.
The findings and recommendations contained in the reports
submitted to the City of San Rafael will be based upon observations
and data obtained at the time the visits are made. They will not
purport to list all possible hazards or safety problems, nor will
they indicate that if other hazards exist, they have been
adequately controlled.
4. Contractor agrees to confer with a representative of the City
for the purpose of arranging a tentative schedule of all survey and
training dates for the contract year. Both parties agree that this
tentative schedule shall be completed within thirty (30) days of
the effective date of this agreement.
5. In consideration of Contractor's performance of the aforesaid
services, the City agrees to pay Contractor the amount of Eight
Thousand Five Hundred Dollars ($8,500.00).
6. The parties hereto agree that Contractor (including
Contractor's agents and employees) is not an agent or employee of
the City of San Rafael, but an independent contractor solely
responsible for Contractor's acts, and this agreement shall not be
construed as an agreement for employment.
7. Contractor agrees to hold harmless, indemnify and defend the
City of San Rafael, its officers and employees from any and all
claims, losses, demands, defense costs or liability of any kind or
nature arising out of, or in any manner connected with Contractor,
its agents, employees and nfficers' acts or omissions arisina
during their performance under the terms of this agreement.
Both parties agree to submit any claims arising under this
contract to binding arbitration pursuant to the current provisions
of the California Code of Civil Procedure and any successor
statutes.
8. This agreement shall not be assigned without prior approval of
the San Rafael City Council and any purported assignment without
consent of the City Council is void.
9. This agreement shall commence July 1, 1990, and shall continue
through June 30, 1991, unless terminated as provided in paragraph
10 below.
10-. Either party hereto shall have the right to terminate this
agreement at any time upon giving the other party hereto at least
thirty (30) days written notice prior to the effective date of such
termination.
11. Notice under this agreement shall be delivered
in care of:
Assistant City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
and to the contractor at:
P&F Safety Services
1799 So Winchester Blvd.
Suite 210
Campbell, CA 95008
to the City
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first written above.
Attest:
ka�nne M ., Leonni
City \,.�erk
Approved as to form:
- , L
R&,.t- (a(�
Gary T. agghianti
City Attorney
CITY OF SAN RAFAEL
Lawrence E. Mulryan
Mavor
Contractor
Charles,-,�,4. Pallotti
P&F Safety >ervices