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