HomeMy WebLinkAbout1985-079
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RESOLUTION NO. 85-79
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH KENNETH L. CUNNINGHAM RELATING TO
3 CONSULTING SERVICES.
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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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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 Kenneth L. Cunningham relating to consulting
9 services, a copy of which is attached hereto, marked Exhibit "A"
10 and incorporated herein by reference as fully as though set forth
11 at length.
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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Bernardino at a
meeting thereof, held on
reqular
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the
18th day of
, 1985, by the following vote,
February
16 to wit:
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AYES:
Council Members Castaneda, Reilly, Marks.
Quiel, Frazier, Strickler
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NAYS:
None
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ABSENT:
Council Hember Hernandez
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~t2a714/~d
/ City Clerk
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The foregoing resolution is hereby
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of
, 1985.
February
25
ernardino
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Approved as to form:
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,('~
Clty Attorney
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A G R E E MEN T
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(Consulting Services)
THIS AGREEMENT is entered into on this ~5?1.;i. day of
, Ill.... , 1985, by and between the CITY OF SAN BERNARDINO,
a municiP~corporation, hereinafter referred to as "City", and
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KENNETH L. CUNNINGHAM, hereinafter referred to as "Consultant".
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The parties agree as follows:
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1. Recitals. City is in need of an individual with
9 knowledge and expertise of the City's purchasing system to assist
10 with an auction to be conducted in March and such other services
11 to help reduce the current extraordinary backlog.
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2. General. For and in consideration of the compensation
13 and covenants hereinafter mentioned to be made and performed by
]4 Consultant, City retains Consultant and Consultant agrees to
]5 perform services as set forth herein.
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3. Duties of Consultant. The Consultant shall perform
17 consulting services relating to the surplus property auction
18 conducted by City and such other services deemed necessary by the
19 purchasing Agent of the City of San Bernardino.
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4. Payment by City. City shall pay consultant for all
21 services to be rendered under the provisions of this agreement an
22 hourly sum of $10.00 per hour, for a maximum of 160 hours, for a
23 total sum not to exceed $1,600.00.
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5. Term. This agreement shall be effective February 19,
25 1985, and shall terminate when the 160 hours have been provided,
26 or at such earlier time as City may direct.
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6. Unilateral Termination. This agreement may be terminated
28 by either party by giving ten (10) days' written notice to the
1 other, and this agreement shall terminate forthwith ten (10) days
2 following the date said written notice is given.
3
7. Amendment. This agreement may be amended or modified
4 only by written agreement signed by both parties and failure on
5 the part of either party to enforce any provision of this
6 agreement shall not be construed as a waiver of the right to
7 compel enforcement of such provision or provisions, nor act to
8 release any surety from its obligations under this agreement.
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8. Assignment. Consultant has qualifications unique to him
10 alone. For that reason, the responsibilities to be carried out
11 by Consultant under this agreement shall not be assigned by
12 Consultant without the written consent of City.
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9. Notices. All notices herein required shall be in
14 writing, and delivered in person or sent by certified mail,
15 postage prepaid, addressed as follows:
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City of San Bernardino
c/o Director of Finance
300 North "D" Street
San Bernardino, CA 92418
Kenneth L. Cunningham
3850 Atlantic Avenue, Space 254
Highland, CA 92346
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10. Relationship of Parties. It is understood that the
20 contractual relationship of the Consultant to the City is that of
21 independent contractor. In the performance of personal services
22 pursuant to the provisions of this agreement, Consultant shall not
23 be supervised, directed, or under the control or authority of any
24 City officer or employee, except and to the extent as may be
25 expressly or implicitly required by the terms and provisions of
26 this agreement. Any direction or control so required under this
27 agreement shall be limited to broad objectives or goals of the
28 project or program to be accomplished and not to the details and
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1 procedures to accomplish such objectives or goals. Consultant
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shall not be obligated to conform to the supervision or direction
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of City officers or employees which are not authorized herein.
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Changes or modifications of said objectives and goals may be made
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IbY written recommendations of either party subject to the
jconcurrence of the other party in writing.
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11.
Hold-Harmless Agreement.
Consultant hereby agrees to,
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land shall, hold City, its elective and appointive boards,
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Icommissions, officers, agents and employees, harmless from any
Iliability for damage or claims for damage for personal injury,
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including death, as well as from claims for property damage which
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may arise from Consultant's operations under this agreement.
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Consultant agrees to, and shall, defend City and its elective and
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appointive boards, commissions, officers, agents and employees
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from any suits or actions at law or in equity for damages caused
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or alleged to have been caused, by reason of any of the aforesaid
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operations.
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IN WITNESS WHEREOF, the parties hereto have executed this
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agreement on the date first hereinabove written.
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CITY OF SAN BERNARDINO
ATTEST:
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22 ~/'(7"4/~P
tity Clerk
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-.)
,
/'
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Approved as to form:
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City At orney
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