HomeMy WebLinkAbout1991-059
RESOLUTION 91-59
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH HERBERT POLLOCK RELATING TO
PERFORMING CONSULTING SERVICES FOR THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized to execute on behalf of said City an agreement
7 with Herbert Pollock relating to performing consulting services
8 for the City of San Bernardino, a copy of which is attached
9 hereto, marked Exhibit "A" and incorporated herein by reference
10 as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above
12 referenced
agreement is rescinded if the parties to the
13 agreement fail to execute it within sixty (60) days of the
14 passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a reqular
meeting thereof, held on the 18th
18 day of February
, 1991, by the following vote, to wit:
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council Members:
AYES
NAYS
ABSTAIN
21 ESTRADA
22 REILLY
23 FLORES
24 MAUDSLEY
25 MINOR
x
x
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26 POPE-LUDLAM
27 MILLER
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RESOLUTION' AUTHORIZING AGREEMENT WITH HERB PQLLOCK FOR
CONSULTING SERVICES.
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day of
='4~1~
City Clerk
The foregoing resolution is
February
Approved as to form and
legal content:
JAMES
City
By
(.
2/12/91
F. PENMAN
ttorney _;/
'h~ '7 ,~
1991.
hereby approved
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this
20th
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,
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. Rc.J. '1i.-59
AgB~~M.!LMT
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THIS AGREEMENT is made this 18th day of March
1991, between the CITY OF SAN BERNARDINO, hereinafter referred
to as "City", and HERBERT POLLOCK, 3572 Parks ide Drive, San
Bernardino, California 92404, hereinafter referred to as
"Consultant."
City and Consultant agree as follows:
1. General Description of Work to be Done.
City hereby engages Consultant, and Consultant hereby
accepts such engagement, to perform the following services for
the compensation herein provided. Coordinates implementation of
Development Code including, but not limited to, meeting with
various organizations, service clubs and development interests
regarding the changes in the processing requirements and other
appeals of the Code. Assesses the need for public service
enhancements to facilitate image of the Planning and Building
Departments as "customer friendly"; attends all DRC/ERC meetings
for the purpose of observing and helping to facilitate
development processing; and responds to complaints and other
concerns relating to development issues. Consultant hereby
assures and covenants to city that he has the qualifications and
experience to properly perform said services, and hereby agrees
to undertake and complete the performance thereof for the
compensation herein provided.
2. Term of Aqreement.
The term of this agreement shall commence February 18,
1991 and end May 18 ,1991. This agreement may be extended on a
month to month basis for a maximum of three (3) months upon the
express written consent of Consultant to such extension and the
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approval thereof by the City Administrator.
3. Payment and provision for Payment.
A. Maximum Compensation.
(1) Maximum total compensation to be paid under this
agreement shall be $19,800.
Payment to Consultant for services provided under
this agreement in no event shall exceed $3,300 within any
calendar month.
B. Manner of Compensation.
(1) Consultant shall maintain and file with the City
Administrator a record of all hours worked on assigned projects.
Said projects shall be assigned and supervision of Consultant
shall be by the City Administrator.
(2) The City Administrator shall submit a claim or
request for payment based on such record to the Finance
Department in such manner that the Consultant shall be paid
monthly.
(3) Consultant shall assume and pay all out of
pocket expenses and costs of performing services under this
agreement except as otherwise specifically provided herein, and
City shall not be liable for any such costs and expenses.
4 . Amendment.
This agreement may be amended or modified only by written
agreement executed by both parties.
5. AssiGnment.
Consultant's rights under this agreement shall not be
assigned by Consultant to any other person, firm or corporation
without the prior written consent of the City.
6. Relationship of Parties.
Consultant is acting as an independent contractor, and
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not as an employee of the city. In the performance of personal
services pursuant to the provisions of this agreement,
Consultant shall not be supervised, directed or under the
control or authority of any City officer or employee, except and
to the extent as may be expressly or implicitly required by the
terms and provisions of this agreement. Any direction or contr-
ol so required under this agreement shall be limited to broad
objectives or goals of the project or program to be accomplished
and not to the details and procedures to accomplish such
objectives or goals. Consultant shall not be obligated to
conform to the supervision or direction of City officers or
employees which are not authorized herein. Changes or
modifications of said objectives and goals may be made by
written recommendations of either party subject to the
concurrence of the other party in writing.
7. Hold Harmless.
Consultant hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers, agents
and employees, harmless from any liability for damage or claim
for damage for personal injury, including death, as well as from
Consultant's operations under this agreement. Consultant agrees
to, and shall defend City and its elective and appointive
boards, commissions, officers, agents and employees from any
suit or actions at law or in equity for damages caused or
alleged to have been caused by reason of Consultant's
performance hereunder including any claims that may arise
against City by reason of Consultant's legal relationship with
City being categorized as other than that of an independent
contractor.
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8. Attornev's Fees.
In the event an action is filed by either party to
enforce rights under this Agreement, the prevailing party shall
be entitled to recover reasonable attorney's fee in addition to
any other relief granted by the court.
9. Termination bv citv .
Notwithstanding any other provision of this Agreement,
the City, by notifying Consultant in writing, may terminate all
or a portion of the services agreed to be performed under this
Agreement with or without cause. Consultant shall be given five
(5) days' written notice for failure of Consultant to perform
obligations under the contract in a satisfactory manner, and
thirty (30) days' written notice if termination is for other
reasons. Notice shall be mail posted to the address set forth
herein for the receipt of notices. In the event of any
termination, Consultant shall have the right and obligation to
immediately assemble work in progress and forward same to the
city. All charges outstanding at the time of termination shall
be payable by the City to Consultant within thirty-five days
following submission of final statement by the Consultant.
10. Acceptance of Final Pavment Constitutes Release
The acceptance by Consultant of the final payment made
according to the terms of this Agreement shall operate and be a
release to the City, and every employee and agent thereof, from
all claims and liabilities to Consultant for anything done or
furnished for or relating to the work or services, or for any
act or failure to act of the City relating to or arising out of
work and this Agreement.
11. Acknowledqement
(a) Consultant acknowledges and agrees that City is the
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sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the operations
1 of City, any products or information resulting, in whole or in
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part, from the work performed under this agreement, and all
3 products or information derived or to be derived from said work,
4 regardless of whether City's or Consultant's work is subject to
5 patent, copyright, or other protection.
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(b) In the event that any work performed under this
7 agreement is or becomes the subject of a patent application,
8 patent, copyright, or other rights under the laws of the united
9 states or any other country, Consultant agrees and understands
10 that City shall have all the rights and remedies available to
11 City under the law as a result of such patent applications,
12 patents copyrights, or other rights.
13 12. Notices.
14 Any notice required to be given hereunder shall be deemed
15 to have been given by depositing said notice in the united
16 states mail, postage prepaid, and addressed as follows:
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City:
Consultant:
Rachel Krasney, city Clerk
300 North "D" street
San Bernardino, Ca 92418
Herbert Pollock
3572 Parks ide Drive
San Bernardino, Ca 92404
15. Entire Aqreement .
This contract constitutes the entire Agreement between
and Consultant and may be modified only by further written
25 agreement between the parties.
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IN WITNESS WHEREOF, this Agreement has been executed by
27 the parties effective as of the date and year first above
28 written.
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, . ,
RESO. AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HERBERT POLLOCK RELATING
TO PERFORMING CONSULTING SERVICES FOR THE CITY OF SAN BERNARDINO
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ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of Californi //
/
~~ J)i:u~
Ra el Krasney
City Clerk
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Approved as to form
and legal content:
e
mes F. Penman
ity Attorney
2/12/91
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