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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE I
EXECUTION OF AN AGREEMENT WITH JERRY K. HIGGINS RELATING TO CON- I
SULTING SERVICES FOR THE COMMUNITY RELATIONS PROGRAM OF THE POLICE'
DEPARTMENT .
RESOLUTION NO. /.;2, '1/'.;;5---
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
S OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to. execute on behalf of said City
an Agreement with Jerry K. Higgins relating to consulting services
,for the Community Relations~iDgram of the Police Department, a
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II copy of which is att~ hereto, marked Exhibit "A" and incor-
II porated herein by refe:tlence \as fully as though set forth at
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, I HEREBY CERTIFY that the foregoing resolution was duly
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I! adopted by the Mayor and CommOn Council of the City of San
IBernardino~a ~ " meeting thereof, held
on the .-J day of j~~ l.j , 1977, by the following
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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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,{/CG day
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of . ~ ,
resolution is hereby approved this
1977 .
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OCT 71m
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AGREEMENT
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(Community Relations - Police Department)
;THIS AGREEMENT is made and entered into this ~~~day
of ~AJ , 1977, by and between the CITY OF SAN
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BERNARDINO, a municipal corporation, hereinafter called "City",
and JERRY K. HIGGINS, an individual, hereinafter called
"Consultant" .
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WIT N E SSE T H:
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WHEREAS, City desires to provide consulting services for
its community relations program of the Police Department; and
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WHEREAS, Consultant has the experience, education and
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ability to understand law enforcement and its relationship with
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the community,
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NOW, THEREFORE, it is mutually agreed between the parties
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hereto as follows:
1. Duties of Consultant. Consultant shall:
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(a) Advise and consult with the Chief of Police and
18 members of the Police Department of said City when called upon
19 to do so by said Chief or members concerning the community
20 relations program of the Police Department as more particularly
21 set forth in a document on file in the Police Department
22 entitled "San Bernardino Police Department's Community Relations
23 Activities Outline".
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(b) Make personal appearances when requested by the
25 Chief of Police of said City at any educational program for minors
26 or school children conducted by the Police Department in connectio
27 with the community relations program.
(c) Develop and recommend brochures for community
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I relations
purposes.
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(d) Permit the use of his name and the facts and
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information surrounding the performance of his former duties as
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a police officer for said'City.
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2. Payment by City. In payment for the services pro-
6 vided by Consultant hereunder, the City shall make a payment to
7 Consultant in the sum of twelve thousand dollars ($12,000.00)
8 payable at the rate of one thousand dollars ($1,000.00) per
9 month, the first payment to be made on or about October 1, 1977,
10 and monthly payments thereafter to be made on or about the first
11 ,day of each subsequent month until the full sum of twelve
12 Ithousand dollars ($12,000.00) is paid. Consultant shall submit
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a claim or demand for each monthly payment.
3. Term. This agreement shall be effective on the first
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I!day of October, 1977, and continue in effect until the 30th day
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lof September, 1978.
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11 4. Unilateral Termination. This- agreement may be
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]terminated by either party by giving thirty (30) days' written
Inotice to the other party, and this agreement shall terminate
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20 ,'forthwith thirty (30) days following the date said written
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21 i1notice is given. In the event this agreement is terminated for
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22 any reason whatsoever, Consultant shall receive compensation on
23 a pro rata basis for that portion of the month for which he held
24 himself available as a Consultant prior to termination.
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5. Amendment. This agreement may be amended or modified
26 only by written agreements signed by both parties and failure on
27 the part of either party to enforce any provision of this agree-
28 ent shall not be construed as a waiver of the right to compel
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1 enforcement of such provision or provisions, nor act to release
2 any surety from its obligations under this agreement.
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6. Assignment. This agreement shall not be assigned by
4 Consultant without the prior written consent of City.
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7. 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:
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City of San Bernardino
c/o City Clerk
300 North "D" Street
San Bernardino, CA 92418
Jerry K. Higgins
1182 East 37th Steet
San Bernardino, CA 92404
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8. Relationship of Parties. It is understood that the
12 contractual relationship of the Consultant to the City is that
13 of independent contractor. city shall not exercise control of
14 the means or manner by which Consultant conducts, his.a'c.1;:ivities
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Consultant, as an independent contractor, shall
16 obtain at his own expense any and all required business licenses
17 and permits.
18 Consultant is aware of the fact that as an independent
19 contractor he is not covered by the provisions of the Public
20 Employees' Retirement Law and is not covered by city's Workers'
21 Compensation Insurance.
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9. Hold-Harmless Agreement. Consultant hereby agrees to,
23 and shall, hold city, its elective and appointive boards,
24 commissions, officers, agents and employees, harmless from any
25 liability for damage or claims for damage for personal injury,
26 including death, as well as from claims for property damage which
27 may arise from Consultant's operations under this agreement.
28 Consultant agrees to, and shall, defend City and its elective and
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1 appointive boards, commissions, officers, agents and employees
2 from any suits or actions at law or in equity for damages caused,
3 or alleged to have been caused, by reason of any of the aforesaid
4 operations.
5 IN WITNESS WHEREOF, the parties hereto have executed this
6 agreement the day and year first above written.
ATTEST:
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Approved as to form:
JERRY K. HIGGINS
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