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HomeMy WebLinkAbout1980-443 24 25 26 27 28 "]-,,<; --' / RESOLUTION NO. Po --s/.f('f 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOAN GRIZZELL RELATING TO CON- TRACTING SERVICES FOR THE CLEAN COMMUNITY/NATURAL BEAUTY PROGRAM. 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with Joan Grizzell relating to contracting services for 9 the Clean Community/Natural Beauty Program, a copy of which is 10 attached hereto, marked Exhibit "A" and incorporated herein by 11 reference as fully as though set forth at length. ]2 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at on the .;t7.",c a/lfJ ;;1;./)J-,.f~ ~t/.;-u day 0 f 1ili:t;;J.UU , 1980, by the following meeting thereof, held 15 16 vote, to wit: 17 AYES: Councilmen ~AJt;,~.tr~ Q',1;;,"'1 W~..u~ ~j6tJ.b / ' ,/ 18 19 NAYS: t!~~ W4, i~ ~A.'L~ 2:J-LiJ 20 ABSENT: 21 ~mV~.fb ~ CJ.ty Clerk 22 23 The foregoing Mfik., resolution is hereby day of , 1980. Approved as to form: ~/~~,P CJ.ty A orney 26 27 28 A G R E E MEN T 2 (Clean Community/Natural Beauty Program/Contractor) , h' ~J;( d J.nto t J.S - ay of 3 THIS AGREEMENT is made and entered 4 , 1980, between the CITY OF SAN BERNARDINO, a 5 unicipal corporation, referred to as "City", and JOAN GRIZZELL, 6 an individual, referred to as "Contractor". 7 The parties agree as follows: 8 1. Recitals. 9 (a) City annually submits an application and receives 10 funding under State Litter Resource, Recycling and Recovery Act II partially based on the application of behavioral science 12 techniques in litter control, public education and vigorous 13 enforcement. 14 (b) City contracts with a Coordinator to coordinate and 15 assist in carrying out the program of the joint venture of 16 Citizens for a Clean Community and Natural Beauty Program, Inc., 17 and to assist in the operation of the program office in City Hall. (c) Effective November 1, 1980, the position of 18 19 Coordinator will be vacant, and City desires to train Contractor 20 in the duties and responsibilities of Coordinator. 21 2. General. Contractor shall work with Sandy Trongale, the 22 incumbent Coordinator of Clean Community/Natural Beauty Program, 23 to familiarize herself with all aspects of the Clean 24 Community/Natural Beauty Program in order to function and fulfill 25 all responsibilities as the Coordinator of the program. Contractor shall provide City's Refuse Superintendent with copies of all documents, relating to projects, activities, requests and all communications. 3. Term. The term of this agreement shall commence October 2 7, 1980, and continue in effect through October 31, 1980. 3 4. Payment. City shall pay Contractor the sum of Five 4 Hundred Dollars ($500.00), as full payment for services rendered, 5 payable on such dates and in such manner as prescribed by the 6 Director of Finance. 7 5. Relationship of Parties. Contractor is acting as an 8 independent contractor, and not an employee of City. In the 9 performance of personal services pursuant to the provisions of 10 this agreement, Contractor shall not be supervised, directed, or 11 under the control or authority of any City officer or employee, 12 except and to the extent as may be expressly or implicitly 13 required by the terms and provisions of this agreement. Any 14 direction or control so required under this agreement shall be 15 limited to broad objectives or goals of the project or program to 16 be accomplished and not to the details and procedures to 17 accomplish such objectives or goals. Contractor shall not be 18 obligated to conform to the supervision or direction of City 19 officers or employees which are not authorized herein. Changes or 20 modifications of said objectives and goals may be made by written 21 recommendations of either party subject to the concurrence of the 22 other party in writing. 23 6. Termination. This agreement may be terminated by either 24 party, for good and sufficient cause, by giving at least five (5) 25 days' written notice to the other party, except that the minimum 26 time for notice can be waived in the case of extreme 27 justification. 28 7. Hold Harmless. Contractor agrees to, and shall, hold -2- 28 City, its elective and appointive boards, commissions, officers, 2 agents and employees harmless from and against any and all actions 3 or causes of action, claims, demands, liabilities, including 4 attorney's fees, which City may sustain or incur, arising out of 5 any negligent act or omission of Contractor in connection with 6 services provided. 7 8. Amendment. This agreement may be amended or modified 8 only by written agreement signed by both parties and failure on 9 the part of either party to enforce any provision of this 10 agreement shall not be construed as a waiver of the right to 11 compel enforcement of such provision or provisions. ]2 9. Assignment. Contractor's rights shall not be assigned by 13 Contractor to any other person, firm, or corporation without the 14 prior written consent of City. 15 10. Notices. All notices herein required shall be in 16 writing and delivered in person or sent by first class mail, 17 postage prepaid, addressed as follows: 18 Refuse Superintendent 300 North "n" Street San Bernardino, CA 92418 Joan Grizzell 3898 North Lugo, Apt. n San Bernardino, CA 92404 19 20 IN WITNESS WHEREOF, the parties hereto have executed this ATTEST: 21 agreement on the date first hereinabove written. 22 CITY 23 B 24 ~11&g-Mi. -City Clerk 25 JOAN GRIZZELL 26 r#~~ 27 Approved as to form: Ci~~~ -3-