HomeMy WebLinkAbout1983-222
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RESOLUTION NO. 82.-222
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH CLAIRE CRAMER RELATING TO ENGINEERING SERVICES AS A
3 STUDENT INTERN.
4 BE !T RESOLVED BY THE ~',A YOR AND CO~lMON COUNC Il OF THE C!TY OF SAN
BERNARDINO AS FOllOWS:
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SECTION I. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City an Agreement with
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Claire Cramer relating to engineering services, a coPy of which is attached
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hereto, marked Exhibit "A" and incorporated herein by reference as fully as
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though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
regular
meeting thereof, held on the 5t.l, day of
July
, 1983, by the following vote, to wit:
AYES: Council Members Castaneda. Pei1.lv, ;Iernancez,
Nar]:s? Quiel; Fraz:1.er _ ,StricJ-:leJ::'
NAYS:
ABSENT:
None
J:Tone
/4~~1?~
The foregoing resolution is hereby approved this ~7i day of
,;1l1y
, 1983.
Approved as to form:
~~w~
City Att rney
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A G R E E MEN T
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(engineering services by student intern)
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THIS AGREEMENT is made and entered into this
day of
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1983, by and between the CITY OF SAN 8ERNARDINO, a municipal corporation,
referred to as "City", and CLAIRE CRAMER, of 227 East Princeton Street,
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Ontario, Ca 1 i forni a, 91764. referred to as "Contractor".
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1. Recitals. The parties acknowledge:
(a) City has recently received a grant from the State for energy
management in connection with improving progression for traffic signals in
the Central City Area.
(b) City desires to contract with Contractor to provide engineering
services as a student intern on an independent contractor basis, for
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accumulating and processing the required field data for the City's Consultant.
and setting up related programs on the computer.
(c) Contractor is a Senior Engineering major at UCLA and represents
I that she is capable of providing and desire~ to provide technical services
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las required for implementation of the traffic energy grant, and other such
I services as may be assigned.
I 2. Agreement. The parties hereto agree as follmls:
I (a) Contractor agrees to perform the above engineering sorvices as an
independent contractor for and on behalf of City, during the 1983 summer
vacation pursuant to the program objectives of the Director of Public Works/
City Engineer, such services to commence inmediately upon the ;ignlng of this
agreement and to terminate at the beginning of the fall term.
(b) City agre,~s to compensate Contractor at the rate of $100.00
per week for all services provided by Contractor, in order to cove" expenses
incurred for commuting, meals, and other work related expenses, payable on
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such dates and in such manner as prescribed by the Director of Finance.
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This contract will terminate at the end of UCLA's summer vacation, unless
the parties agree to a modification of this agreement. The City's limit of
!iab';1ity tinder this agreement is the sum of $600.00,
(e) Contractor's Professional Status. Contractor accepts the
relationship of trust and confidence to be established between her and the
City. Contractor covenants with City that she will exercfse her best
professional skill and judgment in furthering the interest of City. City
shal i not have the l'ight to supervise or direct Contractor with respect to
her performanc.e of the provisions of this agreement. excep+ to assign the
project to be undertaken at a particular time.
(d) Hold Harmless_. Contractor agrees to, and shall, hold City,
its elective and appointive boards. commissions, officers, agents and
employees harmless from and against any and all actions or causes of action,
claims, demands. liabilities. including attorney's fees, which City may
sU5tain or incur, ar'ising out of any negligent act or omission of Contractor
in connection with services provided.
(e) Amendment. This agreement may be amended or modified only
by whtter, agreement signed by both parties and failure on the part of
either party to enforce any provision of this agreement shall not be
construed as a waiver of the right to compel enforcement of such provision
or provb ions.
(f) Insurance. City shall not pay taxes. worker's compensation
or unemployment insurance. If Contractor desires any insurance protection,
Contract::;!" shall acquire it herself.
(g) Tennination. In the event either party fails or refuses to
perform cry cf t~,f. provisions imposed upon such party at the time and in the
manner required, such party shall be deemed in default in the performance
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of this agreement. If such ,l!'fan1t is 'lot cured within a period of ten
days after receipt by such defaulting party from the other party of
wrlttf:n notice of dt'!fllult. specifying the natllre o,]f the default and the
steps necessary to cure the default. the other party may terminate the
agreement forthwith by giving to the defaulting party written notice
thereof.
Upon such tennination or other failure to complete the services to be
provided, City shall pay Contractor that proportion of the compensation
specified in Paragraph 2(b) hereof earned by Contractor and unpaid by City
pI.ior to the effective date of termination or other incompletion of the
agreemen L.
IN WITNESS WHEREOF. the parties have executed this agreement on the
day and year first above written.
CiTY OF SAN BERNARDINO
ATTEST;
By
Hayor
crty C1erf
CONTRACTOR
Claire Cramer
Approved as to form:
City Attorney
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