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RESOLUTION NO. J~dA-.:
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WI.THTEDA SMITH FOR CONSULTING SERVICES
RELATING TO A DRUG AND NARCOTIC ABUSE PROGRAM.
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
authorized and directed to execute on behalf of said City an
agreement relating to a drug and narcotic abuse program, a copy
of which is attached hereto, marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at. length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and
of the City of San
Bernardino ata
,
on the / #~day
, "
held
,. 1973, by the
following vote, to wit:
AYES:
Councilmen
NAYS:
ABSENT:
day of
~~1~
resolution is hereby approved this .~
, 1973.
1no
as to form:
FILED
SEP 1:; 137J
H, City CI er~
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A G R E E MEN T
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(consulting services -
drug and narcotic abuse program)
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THIS
AGREEMENT, mode on~red into at Son Bernardino,
this /f-d day of ~J.'" 1973, by and
CITY OF SAN BERNARDINO, a municipal corporation,
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6
California,
between the
7 hereinafter referred to as "City", and TEDA SMITH, hereinafter
8 referred to as "Consultant".
9 WITNESSETH:
10 WHEREAS, City desires to implement a drug and narcotic
11 abuse program, formerly known as Parolees and Law Enforcement
12 Assist Students Education Project (P.L.E.A.S.E.), in cooperation
13 with the San Bernardino City unified School District; and
14 WHEREAS, Consultant is a former narcotic user or is
15 experienced in and has knowledge of and familiarity with drugs
16 and narcotics which qualifies her to provide the necessary
17 consulting services for the program upon the terms hereinafter
18 stated,
19 NOW, THEREFORE, the parties hereto agree as follows:
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1. Duties of Consultant. Consultant shall:
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(a) Provide services to implement the drug and
22 narcotic abuse program of the Community Relations Division of
23 the San Bernardino Police Department of the City (formerly known
24 as the Parolees and Law Enforcement Assist Students Education
25 project) (P.L.E.A.S.E.) in conjunction and cooperation with the
26 San Bernardino city Unified School District which will provide
27 the necessary school facilities and assist in providing
28 curriculum for classroom instruction related to said program.
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(b) If Consultant is a former drug user, she shall
2 continue to rehabilitate herself and shall refrain from the use
3 of narcotics or dangerous drugs in the manner required by law and
4 the requisite governmental authorities.
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(c) Meet and counsel with drug and narcotic users and
6 addicts and potential users and addicts as shall be in keeping
7 with, or as provided in the guidelines of, the former P.L.E.A.S.E.
8 program or as requested by the Community Relations Division.
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(d) Provide information to assist teachers in said
10 school district to identify and deal with students who are drug
11 and narcotic users and addicts or potential users and addicts.
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(e) Speak and present programs before civic and
13 community organizations and other groups pursuant to assignments
14 from the Community Relations Division of the San Bernardino
15 Police Department.
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(f) Submit progress reports outlining and detailing
17 her progress and accomplishm~ts relating to said program in the
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18 form and manner and at the time indicated by the Community
19 Relations Division to the Chief of Police of the San Bernardino
20 Police Department with copies to the City Administrator and the
21 Community Relations Division of said department.
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(g) Do and perform other and related acts connected
23 with and reasonably required to accomplish the objectives of said
24 program.
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(h) Immediately terminate, modify or institute any
26 part of the program or services at the request of City or its
27 authorized officers or agents.
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2. Payment by City.
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(a) City shall pay to Consultant the sum of five
2 hundred fifty dollars ($550.00) per month for her services, pay-
3 able twice monthly, commencing on the date of this agreement and
4 terminating at the end of the 30th day of June 1974 and hereby
5 ratifies the oral agreement between the parties hereto commencing
6 August 1, 1973 upon the same terms, conditions and sum as pro-
7 vided herein.
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(b) Fees payable by City shall be filled by Con-
9 sultant on or about the first and fifteenth day of each month on
10 the City's claim form and City shall make payment in the normal
11 course of its fiscal procedures after receipt of the bill. In
12 case of termination pursuant to Section 3 of this agreement, City
13 shall be liable only for actual services performed and shall
14 incur no other liability. This agreement shall be considered
15 severable with respect to fees to be paid to Consultant.
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3. Unilateral Termination. This agreement may be
17 terminated by either party by giving a written termination
18 notice to the other, and this agreement shall terminate forth-
19 with following the date said written notice is given. The City
20 shall be liable only for time worked to the date of termination.
21 The City shall not be liable beyond the pro rata share of the
22 fee for which the Consultant works.
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4. Hold Harmless. Consultant hereby agrees to, and shall,
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hold City, its elective and appointive boards, commissions,
officers, agents and employees, harmless from any liability for
damage or claims for damage for personal injury, including death,
as well as for claims for property damage which may arise from
Consultant's or Consultant's contractors', subcontractors',
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agents' or employees' operations under this agreement, whether
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such operations be by Consultant or by any of Consultant's
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contractors, subcontractors, or by anyone or more persons
directly or indirectly employed by, or acting as agent for
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Consultant or any of Consultant's contractors, subcontractors,
6 agents or employees. Consultant agrees to, and shall defend
7 City and its elective and appointive boards, commissions,
8 officers, agents and employees from any suits or actions at law
9 or in equity for damages caused, or alleged to have been caused,
10 by reason of any of the aforesaid operations.
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5. Amendment. This agreement may be amended or modified
12 only by written agreements signed by both parties and failure on
13 the part of either party to enforce any provision of this agree-
14 ment shall not be construed to be a waiver of the right to compel
15 enforcement of such provision or provisions.
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6. Assignment. This agreement shall not be assigned by
17 Consultant without the written consent of the City.
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7. Notices. All notices herein required shall be in
19 writing, and may be delivered in person or deposited in the
20 united States mail, postage prepaid. Notices required to be
21 given to Consultant shall be addressed as follows:
22 Teda Smi th
c/o Police Community Relations Division
23 San Bernardino Police Department
Hall of Justice
24 453 North Arrowhead Avenue
San Bernardino, California
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8. Relationship of Parties. Both parties understand and
27 agree that the contractual relationship of the Consultant to
28 City is that of an independent contractor.
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9. Remedy Upon Default. In the event Consultant fails
2 to perform any of the duties embodied in this agreement, it is
3 understood and agreed that Director of the Community Relations
4 program (formerly P.L.E.A.S.E.) may terminate the services of
5 Consultant forthwith without notice. In such event City shall
6 be liable to Consultant for payment" to the date of termination
7 only.
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ATTEST:
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CONSULTANT
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AP~~
~'A:t ney
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