HomeMy WebLinkAbout13-City Administrator
CITY OF SAN Bl!RNWtDINO - REQUEST PJR COUNCIL ACTION
Fnxn: JAMES E. ROBBINS Su~Kt: Consulting agreement Risk Management
Acting City Administrator Services -- John Kirwan
Dept:
January 4, 1988
Date:
Synopsis of Previous Council action:
Racommanded motion:
Adopt resolution.
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Signature
Contact person:
James E. Robbins
Phone:
5122
Supporting dati attached:
Ward:
Amount: $21.300.96
Source: (Acct. No.l (. 2 OJ l{} 3 5'3 1 S" 0
(Acct. DescriPtionl PI' r I' r i 4.., \ I Lo", ~ 5 ). 0/ j /.. !/
Finance: (}wW ~ /'.Ill
FUNDING REQUIREMENTS:
Council Notal:
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH JOHN KIRWAN TO PERFORM
CONSULTING SERVICES FOR THE RISK MANAGEMENT DIVISION.
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
hereby authorized and directed to execute on behalf of said City
an agreement with John Kirwan to perform consulting services
for the Risk Management Division, 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 the
day of
, 1989, by the following vote to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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Resolution of the City of San Bernardino Authorizing the
Execution of an Agreement with John Kirwan to Perform Consulting
Services For the Risk Management Division.
The foregoing resolution is hereby approved this day
of
, 1989.
Evlyn Wilcox, Mayor,
City of San Bernardino
Approved as to form
and legal content:
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Attorney
1/4/89
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AGREEMENT
THIS AGREEMENT is made and entered into this
day of
, 1989 by and between the CITY OF SAN BERNARDINO,
a municipal corporation, 300 North "D" Street, San Bernardino,
California, referred to as "CITY", and John Kirwan, referred to
as "CONSULTANT".
CITY and CONSULTANT agree as follows:
1.
General Description of Work to be Done.
CITY retains
CONSULTANT to perform Risk Management services for the Risk
Management Division. Such Risk Management services shall
include, but are not necessarily limited to, study of staffing
needs in Risk Management Division, report on purchase of worker's
compensation excess insurance coverage, report on computerization
of worker's compensation records and various staff reports as
well as other related Risk Management services which may be
required by the Acting City Administrator.
2.
Termination of Agreement.
Either party may terminate
this agreement without cause and for any reason by giving five
days advance written notice of termination to the other party.
3.
Term.
The term of this agreement is for a period of
one and one-half (1 - 1/2) months. This agreement shall commence
on December 17, 1988 and terminate on January 31, 1989.
4.
provision for Payment.
Payment to CONSU-~"i'.r;T for
services provided under this agreement shall be at the rate of
$22.1885 per hour and in no event shall exceed $22.1885 per hour.
CONSULTANT shall maintain and file with the City Administrator's
Office a record of hours expended on assigned projects and the Ci
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2 Administrator's Office shall submit a claim or request for
3 payment to the Finance Department every two weeks. The parties
4 estimate that the services hereunder will require approximately
5 eighty l8D) hours per month. Notwithstanding the foregoing,
6 CONSULTANT shall devote all hours necessary to the projects
7 assigned by the City Administrator to insure adequate performance
8 hereunder. CONSULTANT shall assume and pay all out-of-pocket
9 expenses and costs of performing services under this agreement
10 and CITY shall not be liable for such costs and expenses.
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5.
Taxes.
CITY shall withhold Social Security, Fede~al
12 and State income taxes from CO~SULTANT's pay.
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6.
Amendments.
This agreement may be amended or
14 modified only by written agreement signed by both parties.
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7.
Assignment.
CONSULTANT's rights under this agree~er.'
16 shall not be assigned by CONSULTANT to any other person, firm or
17 corporation without the prior written consent of CITY.
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8.
Attorney's Fees.
In the event that an action is
19 filed by either party to enforce rights under this agreement, the
20 prevailing party shall be entitled to recover reasonable
21 attorney's fees in addition to any other relief granted by the
22 court.
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9.
Acknowledgment.
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(a)
CONSULTANT acknowledges and agrees that CITY is
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the sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the operations
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of CITY, any products or information resulting, in whole or in
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part, from the work performed under this agreement, and all
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2 products or information derived or to be derived from said work,
3 regardless of whether CITY'S or CONSULTANT'S work is subject to
4 patent, copyright, or other protection.
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(b)
In the event that any work performed under
6 this agreement is or becomes the subject of a patent application,
7 patent, copyright, or other rights under the laws of the United
8 States or any other country, CONSULTANT agrees and understands
9 that CITY shall have all of the rights and remedies available to
10 CITY under the law as a result of such patent applicat~ons,
11 patents, copyrights, or other rights.
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10. Entire Agreement.
This contract constitutes the
13 entire agreement between CITY and CONSULTANT and may be modified
14 only by further written agreement between the parties.
15 IN WITNESS WHEREOF the parties have executed this agreemen
16 on the day and year first above written.
17 CITY OF SAN BERNARDINO
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Evlyn Wilcox, Mayor of the City
21 of San Bernardino
22 ATTEST:
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Shauna Clark
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John Kirwan
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Approved as to Form and
Legal Content:
J-1~
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