HomeMy WebLinkAbout1989-014
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RESOLUTION NO. 89-14
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH JOHN KIRWAN TO PERFORM
CONSULTING SERVICES FOR THE RISK MANAGEMENT DIVISION.
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
hereby authorized and directed to execute on behalf of said City
an agreement with John Kirwan to perform consulting services
for the Risk Management Division, 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 Cornmon Council of the City of San
Bernardino at a
meeting thereof, held on the
reqular
17th
day of
, 1989, by the following vote to wit:
Januarv
AYES:
Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam
NAYS:
None
ABSENT:
Council Member Miller
Q/f!~U/;?/)h.c:;&t-j,{Y
City Clerk
1/4/89
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"- .. J.-
Resolution of the City of San Bernardino Authorizing the
Execution of an Agreement with John Kirwan to Perform Consulting
Services For the Risk Management Division.
The foregoing resolution is hereby approved this IyL* day
of
, 1989.
Januarv
Approved as to form
and legal content:
1/4/89
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AGREEMENT
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THIS. AGrEEMENT is made and entered into this ;Z.3R( day of
( j~, 1989 by and between the CITY OF SAN BERNARDINO,
a mun~^~ rporation, 300 North "D" Street, San Bernardino,
Califot<~ia, referred to as "CITY", a.nd John Kirwan, referred to
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CITY and CONSULTANT agree as follows:
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1 .
General Description of Work to be Done.
CITY retains
10 CONSULTANT to perform Risk Management services for the Risk
11 Management Division. Such Risk Management services shall
12 include, but are not necessarily limited to, study of staffing
13 needs in Risk Management Division; report on purchase of worker's
14 compensation excess insurance coverage; report on computerization
15 of worker's compensation records and various staff reports as
16 well as other related Risk Management services which may be
17 required by the Acting City Administrator.
Termination of Agreement.
Either party may terminate
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2 .
19 this agreement without cause and for any reason by giving five
20 days advance written notice of termination to the other party.
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3 .
Term.
The term of this agreement is for a period of
22 one and one-half (1 - 1/2) months. This agreement shall commence
23 on December 17, 1988 and terminate on January 31, 1989.
Provision for Payment.
Payment to CONSU:/1.t:.tIT for
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25 services provided under this agreement shall b~ at the rate of
26 $22.1885 per hour and in no event shall exceed $22.1885 per hour.
27 CONSULTANT shall maintain and file with the City Administrator's
28 Office a record of hours expended on assigned projects and the Citj
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Administrator's Office shall submit a clalm or request for
payment to the Finance Department every t'NO weeks. The parties
estimate that the services hereunder will require approximately
eighty (80) hours per month. Notwithstanding the foregoing,
CONSULTANT shall devote all hours necessary to the projects
assigned by the City Administrator to insure adequate performance
hereunder. CONSULTANT shall assume and pay all out-of-pocket
expenses and costs of performi~g services under -this agreenent
and CITY shall not be liable for such costs and expenses.
5.
CITY shall withhold Social Security, Fede~al
Taxes.
and State income taxes from CONSULTANT's pay.
6. Amendments. This agreement may be amended or
modified only by written agreement signed by both parties.
7. Assignment. CONSULTANT's rights under this agree~en~
shall not be assigned by CONSULTANT to any other person, firm or
corporation without the prior written consent of CITY.
8.
Attorney's Fees.
In the event that an action is
filed by either party to enforce rights under this agreement, the
prevailing party shall be entitled to recover reasonable
attorney's fees in addition to any other relief granted by the
court.
9. Acknowledgment.
(a) CONSULTANT acknowledges and agrees that CITY is
the sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the operations
of CITY, any products or information resulting, in whole or in
part, from the work performed under this agreement, and all
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products or information derived or to be derived from said work,
regardless of whether CITY'S or CONSULTANT'S work is subject to
patent, copyright, or other protection.
(b) In the event that any work performed under
this agreement is or becomes the subject of a patent application,
patent, copyright, or other rights under the laws of the united
States or any other country, CONSULTANT agrees and understands
that CITY shall have all of the rights and remedies available to
CITY under the law as a result of such patent applications,
patents, copyrights, or other rights.
10. Entire Agreement.
This contract constitutes the
entire agreement between CITY and CONSULTANT and may be modified
only by further written agreement between the parties.
IN WITNESS WHEREOF the parties have executed this agreemen
on the day and year first above written.
CITY OF SAN BERNARDINO
~~dx,ll&Lcity
of San Bernardino
ATTEST:
~~~
'Shauna C ark
Approved as to Form and
Legal Content:
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i ! -<1 / /,
i ,.t;;1f~? I..~
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,'C'1-"ty Attorney
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1/4/89