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R!:SOLUTION NO. / ,;<,f f9
2 R!:SOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CYNTHIA A. MARTINEZ RELATING TO
3 PERSONAL SERVICES FOR THE PAL PROGRAM.
4 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
authorized and directed to execute on behalf of said City an
agreement with Cynthia A. Martinez relating to personal services
for the PAL Program, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
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though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at ~r.1*A~.I..t.'-""../)7"~ing thereof, held on
the f'll day of t/ a~:J'~~. _ * , 1977, by the following
vote, to wit: f'
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Councilmen 0:
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ABSENT: ~./~;/~A-J >(J .#...I-~
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The foregoing resolution is hereby approved this
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AGR!EMENT
(PAL program)
THIS AGREEMENT is made and entered into at San Bernardino,
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California, this /,).- day of , 1977, by and
municipal corporation,
between the CITY OF SAN BERNARDINO,
6 hereinafter called "City", and CYNTHIA A. MARTINEZ, hereinafter
7 called "Consultant".
8 WIT N E SSE T H:
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9 WHEREAS, City desires to retain the services of Consultant
10 for the purposes hereinafter set forth and Consultant desires
11 to perform said services for City with reference to the PAL
12 (Phone Alert League) program for the City of San Bernardino
13 and the surrounding unincorporated areas of the County of San
14 Bernardino,
15 NOW, THEREFORE, it is mutually agreed between the parties
16 hereto as follows:
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1. Duties of Consultant: Consultant shall operate and
18 administer the PAL (Phone Alert League) program, which consists
19 of answering all PAL telephone numbers and making calls to PAL
20 clientele, which consists of elderly and disabled persons,
21 to give them guidance and assistance with various problems and
22 maintain a check by telephone as to their current well beingl
23 recruiting new clientele for PALl recruiting PAL volunteers I and
24 maintaining availability to the PAL telephone answering service I
25 and generally administering all details of the telephone program
26 known as PAL for the City of San Bernardino and its inhabitants
27 and for the unincorporated areas of the County of San Bernardino
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28 in and around the City covered by any agreement-between said City
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1 and County, including, but not limited to, the necessary publicit ,
2 public relations, record keeping, communications and supervision
3 to assure the success of the program.
4 2. Term: Consultant shall provide such personal services
5 from July 1, 1977 to June 30, 1978; provided that either party
6 may terminate this agreement by giving the other party a
7 five (5) day written notice, and this agreement shall terminate
8 five (5) days thereafter.
9 3. Payment by City: City shall pay to Consultant as
10 and for full payment for Consultant's services, the sum of
11 EIGHT THOUSAND ONE HUNDRED AND NINETY DOLLARS ($8,190.00),
12 payable in twelve equal monthly installments of SIX HUNDRED
13 EIGHTY-TWO DOLLARS AND FIFTY CENTS ($682.50), commencing on the
14 5th day of July, 1977, and continuing thereafter on or before
15 the 5th day of each succeeding month. Consultant shall provide
16 the necessary number of hours of service each week to provide
17 a successful and functional PAL program.
18 The parties hereto understand and agree that Consultant
19 performs services herein on a county-wide basis; that
20 Consultant's compensation provided for herein is the total
21 compensation therefor; and that City is reimbursed by the
22 County of San Bernardino for the services provided to County.
23 Consultant shall provide City with a quarterly analysis of
24 such work in order that City may bill and collect funds from the
25 County of San Bernardino therefor.
26 4. Default: If Consultant shall violate or fail to
27 comply with any provision hereof, the City may, at its option,
28 cancel this contract and upon giving notice to Consultant of
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1 such cancellation, discontinue Consultant's services without
2 further rights hereunder, or City may elect to enforce this
3 agreement by requiring Consultant's compliance with the terms
4 hereof.
5 5. Quarterly Reports: Consultant shall provide the
6 Director of Human Services of City with quarterly reports
7 during the term hereof setting forth the services performed
8 by her in such detail as shall permit a complete evaluation
9 of said program.
10 6. Amendment: This agreement may be amended or modified
11 only by written agreement signed by both parties and failure on
12 the part of either party to enforce any provision of this
13 agreement shall not be construed as a waiver of the right to
14 compel enforcement of any provision or provisions.
15 7. Assignment: This agreement shall not be assigned
16 by Consultant without the written consent of the City.
17 8. Relationship of Parties: It is understood that the
18 contractual relationship of the Consultant to the City is that
19 of independent contractor.
20 9. Hold Harmless Clause: COnsultant hereby agrees to,
21 and shall, hold City, its elective and appointive boards,
22 commissions, officers, agents and employees harmless from any
23 liability for damage or claims for damage, including claims for
24 personal injury, including death, claims for property damage,
25 and all other claims which may arise from Consultant's
26 activities under this agreement, whether such operations be by
27 Consultant or by anyone or more persons directly or indirectly
28 employed by or acting as agent for Consultant. Consultant ag~ees
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1 to, and shall, defend City and its elective and appointive boards,
2 commissions, officers, agents and employees from any suits or
3 actions at law or in equity for damages caused, or alleged to
4 have been caused, by reason of any of Consultant's activities
S hereunder.
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10. Notices: All notices herein required shall be in
1 writing and delivered in person or sent by certified mail,
S postage prepaid, addressed as follows:
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Cynthia A. Martinez
City Hall, Third Floor
300 North "0" Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, the parties hereto have subscribed
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City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
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their names the day and year first hereinabove written.
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Mayor Pro Tempore
ATTEST:
SAN BERNARDINO
tJ. 6WL
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