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Home My WebLink AboutReso. 1987-066 - Approving the agreement between the city of redding and shasta elevator co. inc. y ' � • ' RESOLUTION NO. ��7_G � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA ELEVATOR CO. INC. FOR ELEVATOR MAINTENANCE AT THE MUNICIPAL AIRPORT AND CIVIC AUDITORIUM, AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Agreement between the City of Redding and Shasta Elevator Co. Inc. , a true copy of which is attached hereto , and incorporated herein; and 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was ' introduced and read at a regular meeting of the City Council of the City of Redding on the 16th day of March , 1987, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None � F /-� LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: ORM PPROVED: . �� ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, Ci y Attorney �s? � I � � � ; � - . � � , , � � - AGREEMENT � ; THIS AGREEMENT made and entered into this ��_f�. day of ' .��1 f� , 1987 , by and between SHASTA ELEVATOR C0. INC, of � � Post Office Box 2130 , Cottonwood, California 96022-2013, I ' hereinafter called "Contractor, " and the CITY OF REDDING, a � Municipal Corporation, of 760 Parkview Avenue, Redding, � California 96001 , hereinafter called "City" : i ' W I T N E S S E T H: j � 1. Contractor covenants and agrees to perform complete � , maintenance service on the Municipal Airport elevator and the ' Civic Auditorium elevator as described in accordance with i Specifications for Hydraulic Elevator �Iaintenance attached hereto � . as Exhibit "A" and incorporated herein by reference, in , accordance with the following terms and conditions and for the � compensation hereinafter set forth. � 2. Contractor agrees that said services shall be performed ; to the satisfaction of City' s Director of General Services, and � � that failure to perform the aforesaid elevator maintenance � � services in accordance with the Specifications for Hydraulic ; Elevator Maintenance (Exhibit "A") and to the satisfaction of i I said Director shall constitute a material breach of this � Agreement and grounds for the cancellation of this Agreement by � City as hereinafter provided. , 3. City agrees to pay Contractor, in consideration of the ' services to be performed in accordance with the provisions of 1 i � e • • I , paragraphs 1 and 2 above, the sum of One Hundred Ninety-five , Dollars ($195. 00) per month for each month during the term of �i this Agreement (subject to adjustment in accordance with paragraph 4 of this Agreement) , allocated as follows: � ' Airport Elevator Maintenance, � per Specifications $ 90. 00 per month Civic Auditorium Elevator Maintenance, � per Specifications 105. 00 per month i � TOTAL: $195. 00 per month ----------------- ----------------- .For the purposes of this Agreement, Contractor' s regular- � � time hourly rate is $67. 00 , and its overtime hourly rate is $100. 00. ' In the event such services are performed for only a fraction j of a month as a result of the expiration of the term hereof, or earlier termination or cancellation hereof, Contractor shall be paid for the fraction of the month that services were performed ; in accordance with a proration of the monthly consideration ; computed on the basis of a 30-day month. ; 4. The consideration and hourly rates set forth in para- ; graph . 3 hereof shall remain in effect for a period of one (1) � � year; and Contractor shall provide a copy of documentation � i ! verifying labor rates applicable to the current year Agreement. , On the anniversary dates of this Agreement, Contractor may � provide additional documentation supporting any applicable elevator mechanic rate increase in effect, if any. City agrees i to pay Contractor 750 of the actual increase in hourly rates, I � -2- i - , � � . , . � � , over and above the base rate set forth in paragraph 3 hereof, and the annual contract price under this Agreement will be adjusted to reflect said increase. Adjustment will only be made on straight-time hourly labor cost plus hourly benefits as provided � ' for by the San Francisco collective bargaining agreement. , 5. The term of this Agreement shall be for three (3) years commencing on April 28, 1986 , and terminating on April 27 , 1989. , Provided Contractor is not in default hereunder, this Agreement may be renewed for successive one-year periods, up to a maximum � of two additional years, on the same terms, covenants and ; conditions except for the right . to renew beyond the initial ; three-year term and two successive years thereafter, on the , mutual agreement of both parties. Contractor must notify City ninety (90) days prior to the end of the initial three-year term ' of. this Agreement, or, if renewed for a subsequent one-year ; period, ninety (90) days before the end of the fourth year of ithis Agreement, of its intention to renew. 6. Contractor assumes and agrees to save and hold City and ' its officers, agents and employees harmless from any responsi- i j bility or liability in connection with Contractor' s use of the ,� premises for the purposes herein. ; 7. Contractor shall carry and keep in effect during the term of this �greement workers ' compensation insurance and public liability insurance in minimum amounts as follows: $100 , 000 for , one person, $500 , 000 for one occurrence of personal injury i , coverage, and $50, 000 for property damage coverage. Certificates -3- i � '� • I of such insurance shall be filed with the City Clerk of City and ; shall name City, its officers, agents and employees, as additional insureds and guarantee City at least ten (10) days ' j prior written notice of any cancellation or reduction of such � � insurance. � 8 . This Agreement may be terminated at any time by either , party upon 30 days ' prior written notice to the other party. � 9. Any notices or demands that may be given by either i party hereunder, including notice of default and notice of � termination, shall be deemed to have been fully and properly I, given when made in writing, enclosed in a sealed envelope and � � deposited in the United States Post Office, certified mail, , � postage prepaid, addressed to City at 760 Parkview Avenue, � Redding, California 96001; and to Contractor at Post Office Box ; 2130 , Cottonwood, California 96022-2013 . i 10. It has been determined that this matter is not subject ; � to the provisions of CEQA. � IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above written. ' CITY OF REDDING SHASTA ELEV OR COMPANY � j � BY= By: � ; LEE D. FULTON, M.D. , Mayor _ Bv: ATTEST: APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS , City Attorney I -4-