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RESOLUTION NO. /c:<,9,?f
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXliCUTION OF AN AGREEMENT wtTH J. HOMER STEVENS RELATING TO BUILD-
ING INSPECTION 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
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hereby authori~ed and directed to execute on behalf of said City
an Agreement with J. Homer Stevens relating to building inspection
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services, a copy of which is attached hereto, marked Exhibit
10 "A" and incorporated herein by reference as fully as though
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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 ach~/M meeting thereof, held
on the Ld day EA~ , 1977, by the following
vote, to wit:
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AYES:
NAYS:
ABSENT: ~
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resolution is hereby
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The foregoing
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of
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as to
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OCT 2 01977
lU..C.IL.LE. GO.~:iY;e'k
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(Building Inspection Consultant)
THIS AGREEMENT is made and entered into this ~~ day of
(J,rf"f"A , 1977, by and between the CITY OF SAN BERNARDINOJ
a municipal corporation, hereinafter called "City", and J. HOMER I
AGREEMENT
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6 STEVENS, hereinafter called "Consultant".
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WHEREAS, due to the unusual increase in building activity,
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the Building and Safety Department of City has need for a survey 0
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ibuilding inspection services in connection with structures bein. g
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Ibuilt and modified within its corporate limits; and
I WHEREAS, Consultant represents that he is skilled and
I: experienced in performing building inspection services and is
II available to perform said services on an as-needed basis; and
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WHEREAS, Consultant has specific skills needed by City
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for the performance of the aforesaid work which is of limited
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II duration,
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I, NOW, THEREFORE, the parties hereto agree as follows:
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1. General. For and in consideration of the compensation
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20 !and.covenants hereinafter mentioned to be made and performed by
21 the City and Consultant, the City retains Consultant and Con-
22 sultant agrees to perform a survey of building inspection
23 .services and related activities during the term hereof.
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2. Duties of Consultant. The Consultant shall review
25 [structures under development with builders for conformance with
26 uniform building code requirements, assure adherence to plans
27 filed with the City, review City's procedures, clarify pro-
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,cedural matters and perform related services and advise City of
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all efforts in this regard, and the results thereof, and submit
in writing his recommendations for procedural changes. Said
written report shall be submitted to City on or before May 5,
1978.
3. Payment by City. City shall pay Consultant as and
for full payment for his services hereunder compensation computed
at the rate of eight dollars ($8.00) per hour for time expended
by Consultant in performing his consulting activities hereunder.
Consultant shall bill City for his services hereunder at said
hourly rate on a monthly basis during the term hereof, and City
shall pay Consultant's said bills promptly within the period of
time City normally uses for processing said claims.
Consultant shall maintain and keep adequate books and
records on a current basis recording all time expended by him in
a form satisfactory to City and in accordance with generally
accepted accounting principles. Said books and records and all
supporting details shall be made available to City for purposes
of audit at all reasonable times and places. All such books and
records shall be maintained by Consultant for such periods of
time as required by law; provided, however, notwithstanding
any shorter periods of retention, all books, records and support-
ing details shall be maintained for a period of at least three
(3) years after the completion of the work provided for by this
agreement.
Consultant shall bear all of his expenses that he incurs
in performance of his duties hereunder, it being understood and
agreed by the parties hereto that Consultant has computed an
allowance for said expenses in his compensation rate provided
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hereinabove.
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Notwithstanding the foregoing, City's total payment to
I Consultant as and for his full compensation hereunder shall not
. exceed the sum of for the full
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term hereof, and in the event it is necessary for Contractor to
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expend more time than provided by this limitation upon his
compensation, he shall fully perform his complete obligation to
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City under this agreement, and he shall not be entitled to
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greater compensation then the aforesaid maximum sum.
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In the event it is necessary for Contractor to employ
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assistants in order to accomplish his duties provided hereunder,
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he shall do so at his own expense and bear the total cost thereof.
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4. Term. This agreement shall be effective October 17,
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1977, and shall continue in effect until the 5th day of May,
!1978, unless terminated as hereinafter provided. Notwithstanding
the foregoing, the period of Consultant's services hereunder
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shall not exceed ninety (90) working days during anyone calendar
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year.
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5. Unilateral Termination. This agreement may be
terminated by either party by giving ten (10) days' written notice
to the other, and this agreement shall terminate forthwith ten
22 (10) days following the date said written notice is. given. In
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II the event this agreement is terminated for any reason whatsoever,
Iconsultant shall receive compensation for all hours during which
'his services were provided prior to termination.
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6. Amendment. This agreement may be amended or modified
by written agreements signed by both parties and failure on
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part of either party to enforce any provision of this agree-
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any surety from its obligations under this agreement.
7. Assignment. This agreement shall not be assigned by
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5 Consultant without the prior written consent of City.
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8. Notices. All notices herein required shall be in
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writing, and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
J. Homer Stevens
3943 N. Lugo Avenue #2
San Bernardino, CA 92404
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9. Relationship of Parties. It is understood that the
12 contractual relationship of the Consultant to the City is that
13 of independent contractor.
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10. Hold-Harmless Agreement. Consultant hereby agrees to,
15 and shall, hold City, its elective and appointive boards,
16 commissions, officers, agents and employees, harmless from any
17 liability for damage or claims for damage for personal injury,
18 including death, as well as from claims for property damage which
19 may arise from Consultant's operations under this agreement.
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20 Consultant agrees to, and shall, defend City and its elective
21 and appointive boards, commissions, officers, agents and employees
22 from any suits or actions at law or in equity for damages caused
23 or alleged to have been caused by reason of Consultant's perform-
24 ance hereunder including any claims that may arise against City
25 by reason of Consultant's relationships with City being legally
26 categorized as other than an independent contractor relationship.
27 IN WITNESS WHEREOF, the parties hereto have executed this
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. . . . .
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1 "Agreement on the date first hereinabove written.
2 CITY OF
ATTEST:
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&W;!L:-:?a~ ~
C~ C er
CONSULTANT
BY/~
t> J.
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