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HomeMy WebLinkAbout12893 , c 1 /~g~ RESo.LUTIo.N NO.. 2 RESo.LUTION OF THE CITY OF SAN BERNARDINO. AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ELLIE BRINLEE, dba ELLIE 'S 3 SECRETARIAL SERVICE, PROVIDING Fo.R Co.NSULTING SERVICES Fo.R THE H~ SERVICES DEPARTMENT. 4 BE IT RESo.LVED BY THE MAyo.R AND Co.MMo.N Co.UNCIL o.F THE 5 CITY o.F SAN BERNARDINO. AS Fo.LLo.WS: , SECTION 1. The Mayor of the City of San Bernardino is 7 authorized and directed to execute on behalf of said City an 8 Agreement with Ellie Brinlee, dba Ellie's Secretarial Service, 9 providing for consulting services for the Human Services Depart- 10 ment, a copy of which is attached hereto, marked Exhibit "A" 11 and incorporated herein by reference as fully as though set forth 12 at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vote, to wit: eeting thereof, held Bernardino at ~ on the p:t! day , 1977, by the following AYES: Councilmen t!f:,......7;,____'yh. ::f~/~ ~7~ ..A,~/~Z- 5dJ~'" -< ~//J ~~~~ NAYS: ABSENT: The foregoing resolution is hereby approved this 9' 'Ill F day of o,/./,,-<z- SEP - 21977 UCILLE fO"Rf/TH. City Clerk '- ... / 7/~_ ::c:~'t?;YI')?&.,.'~-'.~:DErUj~ '. ." 1 AGREEMENT --------- 2 3 4 5 , (consultant to Human Services Department) rIS AGREEMENT is made and entered into this d:? day of 0~lA./ , 1977, at San Bernardino, California, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and ELLIE BRINLEE, dba ELLIE'S SECRETARIAL SERVICE, hereinafter called "Consultant". 7 8 WIT N E SSE T H: 9 WHEREAS, City desires to retain the services of Consultant 10 for the purposes hereinafter set forth and Consultant desires to 11 perform said services for City under the sponsorship of the 12 Community Affairs Division of the Human Services Department of 13 City; 14 NOW, THEREFORE, it is mutually agreed between the parties 15 hereto as follows: 16 17 following services to City: 1. Duties of Consultant: Consultant shall provide the 18 (a) Take shorthand notes at and prepare minutes for 19 all community meetings under the sponsorship of the Community 20 Affairs Division of the Human Services Department of City; 21 (b) Prepare program proposals and related research 22 for said Division; 23 (c) Provide notary public services for said Division 24 and indigent people referred therefor by City; and 2S (d) Assist people with complaints regarding 26 discrimination; assist indigent persons with a variety of 27 technical problems; and,in general,assist people with various 28 human relations problems. : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Term: Consultant shall provide such personal services for the period commencing July 1, 1977, and terminating on June 30, 1978; provided that either party may terminate this agreement by giving the other party a five (5) day written notice, and this agreement shall terminate five (5) days thereafter. 3. Payment by City: City shall pay to Consultant as and for full payment for Consultant's services, the sum of FOUR THOUSAND SEVEN HUNDRED TWENTY-FIVE DOLLARS ($4,725.00), payable in twelve equal monthly installments of THREE HUNDRED NINETY-THREE DOLLARS AND SEVENTY-FIVE CENTS ($393.75), commencing on the 5th day of July, 1977, and continuing thereafter on or before the 5th day of each succeeding month. Consultant shall provide the necessary number of hours of service each week to comply with this agreement. The parties hereto understand and agree that Consultant performs certain services provided for herein on a county-wide basis; that Consultant's compensation provided for herein is the total compensation therefor; and that City is reimbursed by the County of San Bernardino for the services provided to County. Consultant shall provide City with a monthly analysis of such wor in order that City may bill and collect funds from the County of San Bernardino therefor. 4. Oefatilt: If Consultant shall violate or fail to comply with any provision hereof, the City may, at its option, cancel this contract and upon giving notice to Consultant of such cancellation discontinue COnsultant's services without further rights hereunder, or City may elect to enforce this -2- ~ 1 2 3 4 5 .. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agreement by requiring Consultant's compliance with the terms hereof. 5. Monthly Report: Consultant shall provide the Director of Human Services of City with a monthly report of all services performed by her and a report of all human relations activities. Such report shall be submitted to the Director of Human Services of City at the end of each month during the term of this agreement. 6. Amendment: This agreement may be amended or..modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 7. Assignment: This agreement shall not be assigned by Consultant without the written consent of the City. 8. Relationship of Parties: It is understood that the contractual relationship of the Consultant to the City is that of independent contractor. 9. Hold Harmless Clause: Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage, including all claims for personal injury, including death, claims for property damage, and any and all other claims or liability. which may arise from Consultant's operations under this agreement, whether such operations be by Consultant or by anyone or more persons direct I or indirectly employed by or acting as agent for Consultant. Consultant agrees to, and shall, defend City and its elective -3- 1 and appointive boards, commissions, officers, agents and 2 employees from any suits or actions at law or in equity for 3 damages caused, or alleged to have been caused, by reason of any 4 of Consultant's operations hereunder. 5 10. Notices: All notices herein required shall be in 6 writing and delivered in person or sent by certified mail, 7 postage prepaid, addressed as follows: 8 City of San Bernardino 300 North "0" Street 9 San Bernardino, CA 92418 10 Ellie Brinlee Ellie's Secretarial Service 11 572 N. Arrowhead Avenue San Bernardino, CA 92401 12 13 IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first hereinabove written. 14 15 SAN BERNARDINO ATTEST: 16 MaYDr Pro Tempore By 17 18 19 CONSULTANT 20 21 22 ELLIE BR Ellie's Secretarial Service 23 ';P~~ ..CY ('~ _ --d -.,. C ty Att ney FILED 24 25 26 SEP - 2 1977 UCILLE~917~~lerk c__ "~1j~J:-"!C:~7l""" 27 28 -4-