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Home My WebLink About1979-390 RESOLUTION NO. ~p~_ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2_ BETWEEN SAID CITY AND SANDY TRONGALE CONCERNING THE PER- ~ FORMANCE OF COORDINATING THE CITIZENS FOR A CLEAN COMMUNITY/ j 3 NATURAL BEAUTY PROGRAM. i 4 BE IT RESOLVED BY THE MAYOR AND CODIMON COUNCIL OF THE CITY I OF SAN BERNARDINO AS FOLLOWS: i, 5 SECTION 1. The Mayor of the City of San Bernardino is 6 i authorized and directed to execute on behalf of said City an 7 agreement between said City and Sandy Trongale concerning the 8 performance of coordinating the Citizens for a Clean Com- 9 munity/Natural Beauty Program, a copy of which is attached ( hereto, marked Exhibit "A" and incorporated herein by re- 10 ~ ference as fully as though set forth at length. 11 I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 13 I /fin( day of 1979, by the following vote, I I 14 to-wit: 15 AYES: COUNCILMEN -Y r 17 NAYS : )J~~pJ r 18 ABSENT: 19 City C erk 21 mhe fore in resolution is hereb a /y g ~9,/ y pproved this ~ 22 day o f v,.~~ 19 7 9 . i 23 24 ~ Cit San Bernardino 25 Approved as to form: 26 i 27 City A orney 28 ,i i I A G R E E M E N T it 2 (Clean Community/Natural Beauty Program/Coordinator) 3 ~ THIS AGREEMENT is made and entered into thi s day of 4 ~ 9 1979, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, referred to as "City", and SANDRA I 6 TRONGALE, an individual, referred to as "Coordinator". 7 In consideration of the agreements, covenants, conditions, i g promises and legal detriments contained in this agreement, the I q parties agree as follows: I ~p 1. Recitals. (a) Cit has su y pported the creation of a community f2 based volunteer organization, called Citizens for a Clean ~g Community, to promote behavioral changes that reduce the litter ~q problem in our streets, parks, public facilities, as well as in 15 our commercial, industrial and residential areas. t6 (b) City has contributed financial support for Natural 17 Beauty Program, Inc., a non-profit corporation, for many years. t8 (c) City has approved a joint venture by these two i9 useful community organizations with a common budget for services, Zp supplies, equipment and office needs. 21 (d) City annually submits an application and receives 22 funding under State Litter Resource, Recycling and Recovery Act 23 partially based on the application of behavioral science technique Zq in litter control, public education and vigorous enforcement. 25 (e) City acknowledges the need for an Executive 26 Coordinator to coordinate and assist in carrying out the program 27 lof the joint venture of Citizens for a Clean Community and yg Natural Beauty Program, Inc., and to assist in the operation of f 1 fthe program office in City Hall. I 2 II (f) Coordinator warrants that she is qualified to ; g (furnish services as Executive Coordinator for the program. q I 2. Responsibilities of Coordinator. Coordinator shall: i 5 (a) Provide services as Executive Coordinator of ! i 6 (Citizens for a Clean Community/Natural Beauty Program, a joint ~ venture of Citizens for a Clean Community, a non-profit organiza- g 'tion, and Natural Beauty Program, Inc., a California non-profit 9 ('corporation, which will include, but need not be limited to: I 10 I (1) Coordinate all projects, activities, requests ~i i~ land communications by the executive boards of Citizens for a Clean 12 Community and Natural Beauty Program, Inc. ~ 13 ~ (2) Coordinate all projects, activities and ~4 requests with the subcommittees and directors of the Citizens for i 15 a Clean Community Committee and Natural Beauty Program, Inc. l6 (3) Maintain the Citizens for a Clean Community/ l7 Natural Beauty Program office and public communication with the Z8 community, by way of the Litter Hot Line, press releases, and l9 other methods of informing the public of the program's purpose. 20 (4) Maintain open lines of communication between I 21 the Citizens for a Clean Community, Natural Beauty Program, Inc. 22 and City. 23 (5) Maintain all reports, agendas, and minutes 24 for the Citizens for a Clean Community Committee and Natural 25 Beauty Program, Inc., and all files, forms, equipment, and mis- 26 cellaneous material for City. 27 (6) Be available for Citizens for a Clean 28 Community and Natural Beauty Program, Inc, meetings and meetings -2- i ~ with City officials and department heads. 2 (b) Provide the Director of Public Works with copies 3 iof all documents relating to projects, activities, requests and q fall communication. 5 3. Responsibilities of City. City shall provide an I 6 office, furniture, phone and necessary operation and maintenance 7 services. ~ 8 4. Term. The term of this agreement shall commence 9 October 1, 1979, and continue in effect through June 30, 1980. 10 5. Payment. City shall pay Coordinator the sum of Seven i i I1 Hundred Ninety-Five Dollars ($795.00) per month, as full payment 12 for services rendered, payable twice monthly, on such dates and ~I, 13 din such manner as prescribed by the Director of Finance. ~q 6. Relationship of Parties. Coordinator is acting as an i IS independent contractor, and not an employee of City. In the 16 Performance of personal services pursuant to the provisions of ' I 17 this agreement, Coordinator shall not be supervised, directed, or i ~g under the control or authority of any City officer or employee, I ~q except and to the extent as may be expressly or implicitly re- 20 quired by the terms and provisions of this agreement. Any 21 direction or control so required under this agreement shall be 22 limited to broad objectives or goals of the project or program to I 2g ibe accomplished and not to the details and procedures to accom- ~ I i 24 plish such objectives or goals. Coordinator shall not be 2g obligated to conform to the supervision or direction of City i 26 officers or employees which are not authorized herein. Changes I 27 for modifications of said objectives and goals may be made by 28 written recommendations of either party subject to the concurrence -3- t 1 fof the other party in writing. ~ i 2 7. Termination. This agreement may be terminated by j 3 .either party, for good and sufficient cause, by giving at least q thirty (30) days written notice to the other party, except that g the minimum time for notice can be waived in the case of extreme 6 'justification. I 7 8. Hold Harmless. Coordinator hereby agrees to, and 8 shall, hold City, its elective and appointive boards, commissions, 9 officers, agents and employees harmless from and against any and ~p all actions or causes of action, claims, demands, liabilities, ~ tl including attorney's fees, which City may sustain or incur, ~2 arising out of any negligent act or omission of Coordinator in l3 '.connection with services provided. ~ lq 9. Amendment. This agreement may be amended or modified I t5 only by written agreement signed by both parties and failure on ~ 16 the part of either party to enforce any provision of this agree- i 17 ment shall not be construed as a waiver of the right to compel lg enforcement of such provision or provisions. lg 10. Assignment. Coordinator's rights hereunder shall not 20 be assigned by Coordinator to any other person, firm, or corpora- 21 tion without the prior written consent of City. 22 11. Notices. All notices herein required shall be in 23 writing and delivered in person or sent by first class mail, 24 postage prepaid, addressed as follows: 29 Director of Public Works Sandra Trongale j 300 North "D" Street 1979 Genevieve Street 26 San Bernardino, CA 92418 San Bernardino, CA 92405 I 27 Z8 -4- t I IN WITNESS WHEREOF, the parties hereto have executed this 2 agreement on the date first hereinabove written. 3 CITY OF SAN BERNARD I ~ ATTEST: 4 _ i % ~ I Nia or i ity Clerk 6 SANDRA TRONG LE g jApproved as to form: I O i t0 City A torney i I1 I, !2 13 I i I l4 j l5 16 it I a i7 l8 19 20 21 22 23 24 25 26 I 27 28 -5-