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CI-rA OF SAN BERNARDIr-l -
REQUE..,. FOR COUNCIL AC~N
From: WARREN A. KNUDSON
Dept: F I NANCE
Date: FEBRUARY 11, 1985
Subject: CONTRACT FOR TEMPORARY SERV ICES
FOR PURCHASING DIVISION
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt Resolution
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Signature
Contact person:
Warren A. Knudson
Phone:
5242
N/A
01-152-252
Professional/Contractual
Services
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount: $1 ,600
Source:
Finance:
Council Notes:
75-0262
Agenda Item NO&
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH KENNETH L. CUNNINGHAM RELATING TO
CONSULTING SERVICES.
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 hereby
authorized and directed to execute on behalf of said City an
Agreement with Kenneth L. Cunningham relating to consulting
services, 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
Bernardino at a
meeting thereof, held on
, 1985, by the following vote,
the
day of
to wit:
AYES:
Council Members
NAYS:
ABSENT;
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1985.
Mayor of the City of San Bernardino
Approved as to form:
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A G R E E MEN T
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(Consulting Services)
THIS AGREEMENT is entered into on this day of
, 1985, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "City", and
KENNETH L. CUNNINGHAM, hereinafter referred to as "Consultant".
The parties agree as follows:
1. Recitals. City is in need of an individual with
knowledge and expertise of the City's purchasing system to assist
with an auction to be conducted in March and such other services
to help reduce the current extraordinary backlog.
2. General. For and in consideration of the compensation
and covenants hereinafter mentioned to be made and performed by
Consultant, City retains Consultant and Consultant agrees to
perform services as set forth herein.
3. Duties of Consultant. The Consultant shall perform
consulting services relating to the surplus property auction
conducted by City and such other services deemed necessary by the
purchasing Agent of the City of San Bernardino.
4. Payment by City. City shall pay consultant for all
services to be rendered under the provisions of this agreement an
hourly sum of $10.00 per hour, for a maximum of 160 hours, for a
total sum not to exceed $1,600.00.
5. Term. This agreement shall be effective February 19,
1985, and shall terminate when the 160 hours have been provided,
or at such earlier time as City may direct.
6. unilateral Termination. This agreement may be terminated
by either party by giving ten (10) days' written notice to the
EXHIBIT B
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other, and this agreement shall terminate forthwith ten (10) days
following the date said written notice is given.
7. Amendment. This agreement may be amended or modified
only by written agreement 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, nor act to
release any surety from its obligations under this agreement.
8. Assignment. Consultant has qualifications unique to him
alone. For that reason, the responsibilities to be carried out
by Consultant under this agreement shall not be assigned by
Consultant without the written consent of City.
9. Notices. All notices herein required shall be in
writing, and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino
c/o Director of Finance
300 North "D" Street
San Bernardino, CA 92418
Kenneth L. Cunningham
3850 Atlantic Avenue, Space 254
Highland, CA 92346
10. Relationship of Parties. It is understood that the
contractual relationship of the Consultant to the City is that of
independent contractor. In the performance of personal services
pursuant to the provisions of this agreement, Consultant shall not
be supervised, directed, or under the control or authority of any
City officer or employee, except and to the extent as may be
expressly or implicitly required by the terms and provisions of
this agreement. Any direction or control so required under this
agreement shall be limited to broad objectives or goals of the
project or program to be accomplished and not to the details and
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procedures to accomplish such objectives or goals. Consultant
shall not be obligated to conform to the supervision or direction
of City officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be made
by written recommendations of either party subject to the
concurrence of the other party in writing.
11. Hold-Harmless Agreement. Consultant 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 Consultant's operations under this agreement.
Consultant 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 the aforesaid
operations.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
CONSULTANT
KENNETH L. CUNNINGHAM
Approved as to form:
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City At orney
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