HomeMy WebLinkAbout1981-234
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II RESOLUTION
EXECUTION OF AN
SERVICES.
RESOLUTION NO. ? /- .:l..3-f-
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
AGREEMENT WITH MORSE TOPPER RELATING TO CONSULTING
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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Bernardino at
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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 Morse Topper relating to consulting services, a
9 copy of which is attached hereto, marked Exhibit "A" and
10 incorporated herein by reference as fully as though set forth at
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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(The\ foregoing resolution is hereby
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Approved as to form:
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City A orney
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on the t,1'<-
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vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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a~ -"F'rj._ :;t,/W
day of .
meeting thereof4 held
, 1981, by the following
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Council Members cf~ <;
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City Clerk
1 AGREEMENT
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2 THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO,
3 a municipal corporation, referred to as "City", and MORSE TOPPER, an
4 individual, referred to as "Consultant".
5 The parties agree as follows:
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1. Scope of Services. Consultant shall review the City's existing
7 organizational structure and the assignment of major functions; determine
8 the appropriateness of such assignments; and evaluate the potential for
9 re-aligning functions in order to make better use of personnel, eliminate
10 duplication of effort, promote greater cost-effectiveness, economy and
11 efficiency. Consultant shall report his findings and recommendations
12 to the Council Committee on Reorganization together with his recommend-
13 ations relative to such procedures, policies and activities which, in
14 his opinion, offer opportunities for increased efficiency or cost-savings.
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2. Services to be Furnished to Consultant. All information, data
16 and reports, existing and available to the City relating to the per-
17 formance of Consultant's services shall be furnished to the Consultant
18 without charge. City shall provide to Consultant office space, clerical
19 support and reproduction services associated with any written reports.
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3. Time of Performance. Consultant shall spend the time necessary
21 to accomplish the services referred to paragraph 1 of this agreement.
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4. Compensation. City shall pay Consultant at the rate of twenty
23 dollars ($20.00) per hour for services performed pursuant to this agreement
24 certified by the City Administrator.
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5. Method of Payment. Compensation for services shall be made
26 after Consultant has completed his services, provided that the Consultant
27 shall submit a monthly statement or invoice in the form and manner approved
28 by the City Administrator of City.
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Term. The term of this agreement shall be for a twenty-eight
day period commencing June 2,1981, and terminating June 30,1981.
7. Relationship of Parties. Consultant is acting as independent
contractor, and not an employee of City. Consultant shall not be supervised,
directed, or under the control or authority of any City officer or employee,
except and to the extent express ly or imp 1 i citly requi red by thi s agreement.
Any required direction or control shall be limited to broad objectives or
goals and not to the details and procedures to accomplish objectives or
goals.
8. Termination. Should Consultant fail to comply with any term,
condition or provision of this agreement, City may terminate this agreement
by giving ten days written notice to Consultant.
9. Hold Harmless. Consultant shall hold City, its elective and
appointive boards, commissions, officers, agents and employees, harmless
from any liability for damage or claims for damages for personal injury,
including death, as well as from claims for property damage which may arise
from Consultant's operations under this agreement. Consultant 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
under this agreement, including any claims that may arise against City by
reason of Consultant's relationships with City being legally categorized
as other than an independent contractor relationship.
10. Amendment. This agreement may be amended or modified only
by written agreement signed by both parties. Failure of either party to
enforce any provision of this agreement shall not be construed as a waiver
of the right to compel enforcement of the provision.
11. Notices. All notices relating to this agreement shall be in
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1 writing and delivered in person or sent by certified mail, postage prepaid,
2 addressed as follows:
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City Administrator
City of San Bernardino
City Ha 11
300 North "D" Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, the parties
S"~ day of j/MlI/
9 ATTEST:
Mr. Morse Topper
25825 Alto Drive
San Bernardino, CA 92404
hereto have executed this agreement on the
, 1981.
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City Cler
Approved as to form:
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C ty Attorney
MORSE TOPPER
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