HomeMy WebLinkAbout1979-360 ` 1 RESOLUTION NO, ~9
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ~
EXECUTION OF AN AGREEMENT WITH CITIZENS FOR A CLEAN COMMUNITY/
3 (NATURAL BEAUTY PROGRAM RELATING TO FUNDING FOR BEAUTIFYING THE
CITY,
4 I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY i~
g iOF SAN BERNARDINO AS FOLLOWS:
6 j~ SECTION 1. The Mayor of the City of San Bernardino is
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7 !hereby authorized and directed to execute on behalf of said City
g plan Agreement with Citizens for a Clean Community/Natural Beauty
9Program relating to funding for beautifying the City, a copy
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10 of which is attached hereto, marked Exhibit "A" and incorporated i
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herein by reference as fully as though set forth at length.
t2 ~ I HEREBY CERTIFY that the foregoing resolution was duly
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~3 adopted by the Mayor and Common Council of the City of San
t4 Bernardino at ar~Q,/,~~,,M.d /X~t'c~9 meeting thereof, held
15 on the ~ day of 1979, by the following
16 vote, to wit:
t7 AYES: Councilmen !/JiJ~mi~
y--- ~ eo/y ~ m~ o ~
l8 .~~,ae~z a~~ib'i~L/ois
19 NAYS :
20 ABSENT: _~~p
21 _
22 ~~y Clem
23 The foregoing resolution is hereby approved thi day
24 of ~s~/i1 1979.
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0 of ty of San rnardino
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Approved as to form:
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City At orney
t~ A G R E E M E N T
2 (Clean Community/Natural Beauty Program)
3 THIS AGREEMENT, covering operations during the fiscal
a year 1979-1980, is made and entered into this~day of
5 ~L~~~.~.~. , 1979, by and between the CITY. OF SAN ~
6 i BERNARDINO, a municipal corporation, hereinafter called "City",
7 I and CITIZENS FOR A CLEAN COMMUNTTY/NATURAL BEAUTY PROGRAM, a
8 joint venture composed of CITIZENS FOR A CLEAN COMMUNITY, an I~
9 unincgrporated non-profit association, and NATURAL BEAUTY PROGRAMy
10 ' INC., a California non-profit corporation, hereinafter called
ll "Contractor". i
12 j W I T M E S S E T H: i
t3 WHEREAS, the Mayor and Common Council of the City of
to San Bernardino have found and determined that it will be to the.
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t5 benefit and advantage of City, and of its inhabitants, to engage i
16 the services of Contractor for the. general purpose of beautify- j
t7 ing our community,
tg NOW, THEREFORE, it is mutually agreed between. the parties
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t9 hereto as follows:
20 1. Payments. City shall pay Contractor for all services)
21 conducted under the. provisions of this agreement the total sum ~I
22 of Fourteen Thousand Two Hundred Dollars ($14,200..00), payable
23 in such .amounts and at such times. prior to June 30, 1980,. as
24 may be apQroved by the Director of Finance of City. The above
2g amount includes. One Thousand Dollars ($1,000.00 to be used
26 for maintenance, operation and insurance on a truck owned by
27 Natural Beauty Program, Inc., which is to be utilized in the
Zg program's day-to-day operations.
t Said money shall be used solely for the purpose of
2 ' beautifying the San Bernardino community.
3 2, Term. Contractor shall provide such services for the
4 ~ period commencing July 1, 1979, and terminating on June 30, 1980;
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5 provided that either party may terminate this agreement at any
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6 time by giving the other party fifteen (IS) days written notice
7 of such termination, Tn the event Contractor terminates the
8 agreement, City shall not be obligated to make any payment of
9 monies after the effective date. of termination and Contractor
i0 ~ shall reimburse City for any unused monies paid by City. ~
' tt ~ 3. Relationship of Parties.. It is understood that the
t2 contractual relationship of the Contractor to the City is that
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i3 of independent contractor.
~q 4. Hold Harmless Clause. Contractor hereby agrees to, ~
t9 and shall, hold City, its elective and appointive boards,
t6 commissions, officers, agents and employees, harmless from any
t7 liability for damage or claims for damage, including all claims
t8 for personal injury, including death, claims for property damage,
t9 and any and all other claims or liability which may arise from
20 Contractor's operations under this agreement, whether such
21 operations be by Contractor or by any one or more persons directl~
22 or indirectly employed by, or acting as agent for Contractor.
23 Contractor agrees to, and shall, defend City and its. elective
24 and appointive boards, commissions, officers, agents and employee
25 from any suits or actions at law or in equity for damages
26 caused, or alleged to have been caused, by reason of any of
27 Contractor's operations hereunder.
28 5. Annual Report. Contractor shall submit an annual
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t i report .relative to its general activities with a detailed report
2 concerning the costs incurred in connection therewith,
3 j 6. Annual Budget. Contractor shall file an annual
q budget for the subject fiscal year, in the form and manner pre- i
5 j scribed by the City Administrator, detailing all estimated
6 expenditures and all revenues expected to be received, from all
7 sources, including the City, during the. period of this agreement.
8 j 7, Expenditures - Report and Accouhting. Contractor
9 shall file a complete report and accounting of all expenditures
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i0 and all revenues received, from all sources, including the City,
tt during the. term of this agreement. Said report shall be filed
12 with. the. City Administrator prior to June 15, 1980,
13 8, Amendment, This agreement may be amended or modified
iq only by written agreement signed by both parties and failure
i5 on the part of either party to enforce any provision of this
agreement .shall not be construed as a waiver of the right to
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t~ compel enforcement of any provision or provisions.
t8 9. Assignment, This agreement shall not be assigned by
t9 Contractor without the written consent of City.
20 10. Notices. All notices required shall be in writing,
2t and delivered in person or sent by first class mail, postage
22 prepaid, addressed as follows:
23 City Administrator Citizens for a Clean Community
City Hall Natural Beauty Program
24 300 North "D" Street City Hall
San Bernardino, CA 92418 300 North "D" Street, Room 585
~ 25 San Bernardino, CA 92418
26 IN WITNESS WHEREOF, the parties. hereto have executed
27 this agreement the day and year first above written.
28 CITY OF SAN BERNARDINO
or
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~ I ATTEST: j
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CS.ty C~
a ~
CITIZENS FOR A CLEAN COMMUNITX/
~i 5 ~ NATURAL BEAUTY PROGRAM, a joint
' venture, by
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CITIZENS FOR A CLEAN COMMUNITY,
7 a non-profit association, joint
venturer
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B'y _ - '~`[C 7~ cl _ < ~ u~~-Leki
NATURAL BEAUTY PROGRAM, INC., a ~
California non-profit corporation,
l2 i joint venturer,
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t a By I'
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~ t5 Approved as to form: I
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City At rney
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