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RESOLUTION NO. 86-518
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RUTH MARIE COOK TO PERFORM CON-
3 SULTING SERVICES FOR THE PLANNING DEPARTMENT.
4 BE IT RESOLVED BY THE MAYOR AND CO~rnON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with Ruth Marie Cook to perform consulting services
9 for the Planning Department, a copy of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as fully
11 as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San Bernar
regular
dino at an adiourned/ meeting thereof, held on the 22nd
day of
December
, 1986, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS;
None
ABSENT:
None
~".,/~-
, C~ ty Clerk
day of
December
6~.; :O:p~
Mayor o~e C~ty of San Bernard~no
The foregoing resolution
, 198
26 Approved as to form:
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. C~ ty Attorney
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;j.>.~:"~~] liQM;~'~.,-,.--~~'~
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of
AGREEMENT
is made and entered into this o?oc~ day
, 198~ by and between the CITY OF SAN
corporation, referred to as "city",
and RUTH MARIE COOK, referred to as "Consultant."
City and Consultant agree as follows:
1. General Descriotion of Work to be Done. City
retains Consultant to perform planning services for and in
accordance with guidelines established by the Planning
commission and Development Review Committee" Such planning
services shall include, but are not necessarily limited to,
preparing planning and technical reports, preparation of area
plans, environmental impact documents, maps, demographic and
land use calculations, participation in community meetings and
Planning commission meetings, coordination of such planning
services with various city departments and county and state
agencies, and performance of related planning services which
may be required by the Planning Department.
2. Termination of Aareement. Either party may
terminate this agreement without cause and for any reason by
giving fifteen days advance written notice of termination to
the other party.
3. ~. The term of this agreement is for twelve
months, commencing January 5, 1987 and terminating December
25, 31,1987.
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26 4. provision for Pavment. Payment to Consultant for
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services provided under this agreement shall be at the rate of
$9.005 per hour and in no even~ shall exceed $9.005 per hour.
Consultant shall maintain and file with the Planning
Department a record of hours expended on assigned projects and
the Planning Department shall submit a claim or request for
payment to the Finance Department every two weeks. The parties
estimate that the services hereunder will require at least 160
hours per month. Notwithstanding the foregoing, Consultant
shall devote all hours necessary to the projects assigned by
the Planning Director to insure adequate performance
hereunder. Consultant shall assume and pay all out of pocket
expenses and costs of performing services under this agreement
and City shall not be liable for such costs and expenses.
5. Amendments. This agreement may be amended or
modified only by written agreement signed by both parties.
6. Assianment. 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 City.
7. Relationship of Parties. It is understood that the
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contractual relationship of the Consultant to the city is that
of independent contractor. In the performance of personal
services pursuant to the provisions of this agreement,
Consultant shall not be supervised, directed, or under the
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control or authOrity of any City officer or employee, except
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1 and to the extent as may be expressly or implicitly required
2 by the terms and provisions of this agreement. Any direction
3 or control so required under this agreement shall be limited
4 to broad objectives or goals of the project or program to be
5,1 accomplished and not to the details and procedures to
6, accomplish such objectives or goals. Consultant shall not be
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71 obligated to conform to the supervision or direction of city
8' officers or employees which are not authorized herein.
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91 Changes or modifications of said objectives and goals may be
101 made by written recommendations of either party subject to the
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concurrence of the other party in writing.
Hold Harmless.
8.
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 claims for damage for personal injury,
including death, as well as from claims for property damage
which may arise 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 suits 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
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claims that may arise against City by reason of Consultant's
legal relationship with city being categorized as other than
25 that of an independent contractor.
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26 9. Notices. All notices herein required shall be in
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writing, and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino
c/o Director of Finance
300 North "0" Street
San Bernardino, CA 92418
Ruth Marie Cook
3557 North E Street
San Bernardino, CA 92405
IN WITNESS WHEREOF, the parties have executed this
agreement on the day and year first above written.
9 ATTEST:
CITY OF SAN BERNARDINO
By ft, if ~A j )l~
/. ayor .1
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~~ty Clerk
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CONSULTANT
~~ ~ol(
Ruth Marie Cook
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16 Approved as to form:
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city A't:torney
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