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HomeMy WebLinkAboutCC Resolution 8057 (Low Limbing Trees)RESOLUTION .0.8057 A RESOLt;TIOv AUTHORIZI`iG THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The IL-IYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with MARIN CONSERVATION CORPS FOR LOW LIMBING CITY OWNED STREET TREES IN TERRA LINDA ($10,276). a copy of which is hereby attached and by this reference made apart hereof. I, JEAiti�-E Vii. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular City held on Monday meeting of the City Council of said the 2nd day of October , 1989 , by the following vote, to wit: AYES: COM CIL21EDMERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulrran _NOES: COUNCILME11BERS : None ABSENT: COUNT OILMEMBERS : None E JEANNE M. LEONCINI, City Cler �RIGVN� Rd �, JOB# 586 MARIN CONSERVATION CORPS P.O. Box 89, San Rafael, CA 94915 Agreement Between CITY OF SAN RAFAEL and MARIN CONSERVATION CORPS THIS AGREEMENT made and entered into this eleventh day of August, 1989 by and between the City of San Rafael, hereinafter referred to as SANK and the MARIN CONSERVATION CORPS, hereinafter referred to as "MCC". WITNESSETH In consideration of the mutual promises and covenants hereinafter contained, the Parties hereto agree as follows: 1. MCC agrees to provide services to SANK as specified in the Scope of Work, attached hereto and incorporated herein, in return for which services SANR agrees to pay MCC time and materials as specified in Scope of Work. Invoices will be submitted on a monthly basis or upon completion of work. 2. The Parties hereto hereby agree that MCC is an independent contractor and neither it nor any of its employees as contemplated hereunder shall be deemed for purposes of this Agreement, or for any purpose, as employees of SANK. 3. SANK and MCC agree that MCC is solely responsible for the recruiting, training, and supervision of its employees in the manner in which they perform the project. The crew working on SANK lands will be directly supervised by the MCC through its Site Supervisors, Crew and Project Coordinators, and Executive Director. ,/-/-M-1)-J6 C -j: t Job# 586 pg. 2 4. MCC agrees to hold harmless, indemnify, including attorneys fees, and defend SANK, its officers, agents and employees from and against any and all claims arising form MCC's, its officers', agents' and employees' negligent or intentional acts or omissions arising from their performance of work hereunder. In connection, and without limitation to the foregoing, MCC maintains on behalf of itself insurance for liability during the term of this agreement in the amount of One Million Dollars ($1,000,000.00) bodily injury and property damage combined single limit. MCC will furnish proof of said coverage to SANR if requested to do so. 5. MCC further agrees to obtain and maintain in full force and effect during the term of this agreement Worker's Compensation Insurance amounts to be approved by the City Attorney. MCC's Workers' Compensation policy shall include a waiver of subrogation endorsement in favor of the City. Proof of such insurance shall be provided to and approved by the City before execution of this agreement." 6. MCC and SANK agree to submit any claim(s) arising under this agreement, or any dispute concerning the terms of provisions of this agreement to binding arbitration according to the rules of the American Arbitration Association. The arbitrator is empowered to award attorneys fees to the prevailing party. IN WITNESS WHEREOF, the Parties have set their hands the day and year first written above. Q onald B. Neuwirth Executive Director Marin Conservation Corps Authorized Signature SANR Lawrence E. Mulryan Mayor of the City of San Rafael ATT T : Rose Lola Sni�fen Deputy City Clerk Job #586 pg. 3 MARIN CONSERVATION CORPS Scope of Work CITY OF SAN RAFAEL PARK DEPARTMENT The Marin Conservation Corps will supply to SANK a supervised crew of eight Corpsmembers for thirteen days to complete the following tasks. Billing will include travel time to and from MCC Center. 1. Trim trees overhanging street to 12'-14' height. Chip pruned material using SANR's truck and Chipper for chipping and disposal. SANK will be responsible for disposal fees. SANR will specify location of work and performance specifications prior to work commencing. FISCAL DISPLAY 8 C/M for 13 days Ca-) $752.°°/ day $9,776.99 Total Labor: $9,776.44 Worker's Compensation Surcharge: $ 500.44 Total $10,276.44 Any work requiring more than the equivalent of 13 days with a supervised crew of eight Corpsmembers will be considered over and above this contract. For such work, labor will be charged at a cost of $10.00 per Corpsmember hour and $14.00 per Supervisor hour. Materials and direct costs purchased by MCC at the request of SANK will be charged at cost plus 10%. Any changes or additions to this contract must be authorized by an officer of SANK and documented on a Change Order agreeing to the work. Initials of MCC Executive Director: Date: 2 -�Xe Initials of SANR Representative: Date: to - %o. 8, Lawrence E. Mulryan Mayor of the City of San Rafael