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HomeMy WebLinkAboutReso 26-1983RESOLUTION NO. 26-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTNORIZING EXECUTION OF A WORKERS COMPENSATION SAFETY ENGINEERING SERVICES CONTRACT AGREEMENT WITH P & F SAFETY SERVICES. BE IT RESOLVED By the City Council of the City of South San Francisco that: 1. Contract Authorization The execution of the Workers Compensation Safety Engineering Services Contract Agreement between the City of South San Francisco and P & F Safety Services, (as attached to this resolution as Exhibit "A") pro- viding for the Safety and Loss Control services therein described, is hereby authorized. 2. Signatures C. Walter Birkelo, The City Manager, is authorized to execute the contract on behalf of the City and the City Clerk attest her signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 2nd day of March , 198 , by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None NOES: ABSENT: None AGREEMENT EXHIBIT "A" TO RESOLUTION NO. 26-83, ADOPTED 3/2/83 Th~s Agreement ts entered into by and between P'& F Safety Services, ..Inc., · I~ereinafter called "CONSULTANT" and the City of South San Francisco, hereinafter · · called "CITY," this 1st da~ of January, 1983. · WITNESSElH WHEREAS, CONSULTANT is in the business of providi.ng Safety and Loss Control assistance to'California employers subject to the California Work6rs' Compensation Laws; and WHEREAS, CITY holds a Certificate of Con'sent to Self-Insure, issued by .the California Director of Industrial Relations, and said CITY is subject to the California Workers' Compensation Laws; · · WHEREAS, CITY desires'to purchase Safety and Loss Control Services from CONSULTANT as hereinafter set forth below; NOW, THEREFORE, in consideration of the policies, covenants and obligations of the parties hereinafter set forth, it is agreed as. follows' CONSULTANT .agrees, dUring the periOd of time this Agreement is in effect between the parties' 1. To conduct in-person on-site inspections and surveys, for the purpose of advising and determining the location of necessary corrective action of unsafe conditions and/or work practices, in support of the City's Loss Control Program,. and submit written reports to ensure and be responsible for the compliance of all - federal, state and local laws of orders related to industrial safety. 2. To analyze all loss reports as required by the CITY. -1- 3. To conduct personal on-site investigations of fatal or serious accidents, 'and make suggestions for corrective action to eliminate accident causes, as re- .que. sted by the CITY'. .. .4.. lo. provide services necessary to establish safety pro§rams and' cormtttees. $,' 1o conduct "superviso. r workshops," at least.~o per year, on requested Subjects, as part of a traini, ng and awareness pr. ogram on safety, for City's supervising . ' 'e}nPl oyees. 6. To serve as. general consultants for all matters which may arise, regarding loss contrOl problems, and 'to assure that federal, state and local laws or orders related to industrial safety are complied with. .. 7. To act as an information center, maintaining files and records for all matters which may arise, regarding loss control problems, in order to assure that federal, state and local laws or orders related to industrial safety are complied wi th. 8. The cITY shall have full and complete access to CONSULTANT'S files and records during the performance of this Agreement. All such documents shall become the property of CITY. 9. To provide eight (8) servicing days (one day equals 8 hours), to include research and preparation time, duri.ng the term of this Agreement. !0. To fully cooperate with the CITY in the performance of this Agreement. TERM This A§reement shall be in effect for a period of one year, and shall terminate December 31, 1983, unless terminated earlier by either party. Termination of this Contract may be accomplished prior to termination date by either party, providing that the party seeking early termination shall serve upon -2- ~, Io _.. the other party sixty' (60) days written notice of termination, which shall be delivered in person or sent by Certified Mail, Return'Receipt Requested, and .postage prepaid. - INSURANCE: The CONSULTANT .agrees to provide and'maintain the following insurance duri.ng the duration of the project:.' Workers' Compensation, as required by law. 2. Comprehensive Automobile Liability Insurance, with limits not less than $300,000 each occurrence, and $50,000 property dam. age liability for each ~)ccurrence. 3. Professional liability Insurance, with limits not less than $100,000 for any one claim. As a provision of the Comprehensive Automobile Liability Insurance, the coverage shall include, as .additional insureds of the policy, City of South San Francisco, its elective and appointive boards, officers, a§ents and employees with respect to work performed by Service Company. Further, the insurance policies required above shall include the following provision' "Notwithstanding any other provisions in-this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the appropriate limit of liability afforded hereunder is exhausted." _q- AS evidence of said cover, age, the Service Company shall include a provision for a cancellation notice of not less than thirty {30) days, directed to th.e employer. Further, the Sefvice Company shall, upon request, submit for ins. peci~ion, -any such insurance pol'icies to the City. · R. E, SPONSIBILITY- INDEMNIFICATION: ~ONSULTANT shall indemn!~y, save harmless, and at City's request, defend City, it~ employees, agents, and ·representatives from and against all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses in- . , cluding reasonable attorney's fees or obligations for or in connection·with injury · or damage to any person or property which arises out of, or is .in any way connected with the negligent act, error or omission of Service Company and its agents, sub- contractors, or employees as a result of Service Company's rendition of services under this Agreement. ASS IGN~!ENT: CONSULTANT shall not assign its rights nor transfer any of its obligations under this Agreement without prior Written consent of the CITY. SUBCONTRACTING- Unless written approval from the CITY is received, CONSULTANT shall not subcontract any services. CONSULTANT shall be solely responsible for reimbursing any subcontractors and the CITY shall have no obligation to them. NOTICES' All notices herein required shall be in writing and shall be delivered in person or sent by .Certi fi .ed Mail, .Postage Prepaid. The places for which such notices are to be sent may be changed from time to time by either party by a written notice, as herein provided' -4- '1'0 TIlE C I.TY: Cit~ Nanager 400 Grand Avenue, P. O. Box 711 South San Francisco, Califo{nia 94080 TO THE CONSEJLTANT: P & F Safety Services 1.799 Sou:h Winchester Boulevard - Suite 103 Campbell, California 95008 · o . SERVICE 'FEES: ..The fees paid by the CITY to the CONSULTANT under this Agreement are for services rendered by the CONSULTANT during the one year period this Agreement is in effect. The service fee shall be in the amount of Three Thousand Dollars ($3,000.00}, payable in the amount of Fifteen Hundered Dollars {$1,500.00) upon signing of the Contract; Fifteen Hundred Dollars {$1,$00.00) is due and payable on or before July 1, 1983. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day of year first hereinabove written. CITY OF SOUTH SAN FRANCISCO Title' C_., ti j/}l ~Y~K .F~ ATTEST' Title- City Clerk P & F SAFETY SERVICES, INC.