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.