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1 RESOLUTION NO. ~79'
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE NATURAL BEAUTY PROGRAM
3 CONCERNING A BEAUTIFICATION PROGRAM FOR SAID CITY.
4 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
authorized and directed to execute on behalf of said City an
agreement with the Natural Beauty Program concerning a beautifi-
cation 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 Council of the City of San Ber-
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to wit:
of ?'J)1
Councilmen ~M<. 'A.>t_/"<.{ W~,
~:Jk~.L~
C~~. $b~h" ~r~~
nardino at a
meeting thereof, held on
''/.I
~-
the
day
, 1976, by the following vote,
AYES:
NAYS:
ABSENT :
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The ~l~~ing resolution is
day of 9/7-' 1976.
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Clot r
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hereby approved this V~
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"" 1" '1076
JUL .~.;.)
LUCILLE GOFORTH. CiiY. ClerR
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AGREEMENT
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THIS AGREEMENT, covering operations during the fiscal year
~:::~1::7 :n~s b:::enan::n::::do~n:: :~:~~, d:y m:ii . .,
corporation, hereinafter called "City", and NATURAL BEAUTY
PROGRAM, a nonprofit community service organization, hereinafter
called "Contractor".
WIT N?E SSE T H:
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WHEREAS, the Mayor and Common Council of the City of San
Bernardino have found and determined that it will be to the
benefit and advantage of City, and of its inhabitants, to engage
the services of Contractor for the general purpose of beautify-
ing our community,
NOW, THEREFORE, it is mutually agreed between the parties
hereto as follows:
1. Payments.
City shall pay Contractor for all services
17 conducted under the provisions of this agreement the total sum
18 of Four Thousand Dollars ($4,000.00), payable in such amounts
19 and at such times prior to June 30, 1977, as may be approved by
20 the Director of Finance of City.
21 Said money shall be used solely for the purposes set forth
22 above in the Whereas Clause.
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2. Term. This agreement shall be effective upon the date
24 of its execution and shall terminate on June 30 of the subject
25 fiscal ye~r, provided that either party may terminate this
26 agreement at any time by giving the other party fifteen (15) days
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written notice of such termination. In the event Contractor
28 terminates the agreement, City shall not be obligated to~ke any
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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, and
shall, hold City, its elective and appointive boards, commissions
officers, agents and employees, harmless from any liability for
damage or claims for damage for personal injury, including death,
as well as from claims for property damage which may arise from
Contractor's operations under this agreement, whether such opera-
tions 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 employee
from any suits or actions at law or in equity for damages caused,
or alleged to have been caused, by reason of any of the afore-
said operations.
5. Annual Report. Contractor shall submit an annual repor
relative to its general activities with a detailed report concern
ing 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 pre-
scribed by the City Administrator, detailing all estimated expen-
ditures and all revenues expected to be received, from all
sources including the City, during the period of this agreement.
7. Expenditures - Report and Accounting. Contractor shall
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file a complete report and accounting of all expenditures and all
revenues received, from all sources including the City, during
the term of this,eagreement. Said report shall be filed with the
City Administrator prior to June 15th of said fiscal year.
8. Amendment. This agreement may be amended or modified
only by written agreements 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 such provision or provisions.
9. Assignment. This agreement shall not be assigned by
Contractor without the written consent of City.
10. Notices. All notices required shall be in writing,
and delivered in person or sent by certified mail, postage pre-
paid aafollows:
Sa
City Administrator
Ci ty Hall
, 300 North "D" Street
San Bernardino, CA 92418
Natural Beauty Program
26006 Holly Vista Boulevard
San Bernardino, CA 92404
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
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CITY OF
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