HomeMy WebLinkAbout12902
5
,
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
RESOLUTION NO. /;:<t:JLJ~
. /
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE NATURAL BEAUTY PROGRAM
CONCERNING A BEAUTIFICATION PROGRAM FOR SAID CITY.
3
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 the Natural Beauty Program concerning a
beautification program for said City, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common cou~the City of San
Bernardino at ~ a-4/~ ~eeting thereof, held on
the fJ':' day of c17~ -: 1977, by the following vote,
to wi t : "
t-
Councilmen ~~
(~'.~.~
P'9Z-
ABSENT: ~~~~,~?~~k?:_~
1
AYES:
NAYS:
The
/
<>' <1 ..J
~:1i~
c.
fO~9 reso1utio;v~ hereby approved this
J~.' 1~77.
t-/
9~'d
,
day of
form:
F J,L ED
'.j .1'
Aua 1 51971
l.UCILLt qOFORTH, City e.
-?/l.1/~L1A/ .
"1'1'",""," ~ t -""I\...~........MNll'
1
A G R E E MEN T
2
(natural beauty program)
3
THIS AGREEMENT, covering operations during the fiscal year
1977-197B,is made and entered into this f-~ day of ~~~
1977, by and between the CITY OF SAN BERNARDINO, a muni~pal
corporation, hereinafter called "City", and NATURAL BEAUTY
4
S
6
7
8
9
PROGRAM, a non-profit community service organization, hereinafter
called "Contractor".
WIT N E SSE T H:
10 WHEREAS, the Mayor and Common Council of the City of San
11 Bernardino have found and determined that it will be to the
12 benefit and advantage of City, and of its inhabitants, to engage
13 the services of Contractor for the general purpose of beautifying
14 our community,
15 NOW, THEREFORE, it is mutually agreed between the parties
16 hereto as follows:
17
18 conducted under the provisions of this agreement the total sum
1. Payments. City shall pay Contractor for all services
19 of five thousand dollars ($5,000.00), payable in such amounts
20 and at such times prior to June 30, 1978, as may be approved by
21 the Director of Finance of City.
22 Said money shall be used solely for the purposes set forth
23 above in the Whereas Clause.
24
25
26
27
28
2. Term. Contractor shall provide such services for the
period commencing July 1, 1977 and terminating on June 30, 1978;
provided that either party may terminate this agreement at any
time by giving the other party fifteen (15) days written notice
of such termination. In the event Contractor terminates the
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, City shall not be obligated to make any payment of
monies after the effective date of termination and Contractor
shall reimburse City for any unused monies paid by City.
3. Relationship of Parties. It is understood that the
contractual relationship of the Contractor to the City is that
of independent contractor.
4. Hold Harmless Clause. Contractor hereby agrees to, an
shall, hold City, its elective and appointive boards, commissions
officers, agents and employees, harmless fram 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 Contractor's
operations under this agreement, whether such operations be by
Contractor or by anyone or more persons directly or indirectly
employed by, or acting as agent for Contractor. Contractor
agrees to, and shall, defend City and its elective and appointive
boards, commissions, officers, agents and employees from any
suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of Contractor's
operations hereunder.
5. Annual Report. Contractor shall submit an annual
report relative to its general activities with a detailed report
concerning the costs incurred in connection therewith.
6. Annual Budget. Contractor shall file an annual
budget for the subject fiscal year, in the form and manner
prescribed by the City Administrator, detailing all estimated
expenditures and all revenues expected to be received, from all
sources, including the City, during the period of this agreement.
-2-
1
7. Expenditures - Report and Accounting. Contractor shal
2 file a complete report and accounting of all expenditures and all
3 revenues received, from all sources,including the City, during
4 the term of this agreement. Said report shall be filed with the
5 City Administrator prior to June 15, 1978.
6
8. Amendment. This agreement may be amended or modified
1 only by written agreement signed by both parties and failure
8 on the part of either party to enforce any provision of this
9 agreement shall not be construed as a waiver of the right to
10 compel enforcement of any provision or provisions.
11
9. Assignment. This agreement shall not be assigned by
12 Contractor without the written consent of City.
13
10. Notices. All notices required shall be in writing,
14 and delivered in person or sent by certified mail, postage
15 prepaid as follows:
16
City Administrator
City Hall
300 North "D" Street
San Bernardino, CA 92418
Natural Beauty Program
26006 Holly Vista Boulevard
San Bernardino, CA 92404
17
18
19
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
/-"
20
ARDINO
!Jc::--
CITY
21
ATTEST:
By
Tempore
22
23
NA
BEAUTY PROGRAM
.~J?~
24
25
By
8
26
27
28
-3-