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I CI~'V OF SAN BERNARD~O -
REQUlqT FOR COUNCIL AC)ION
, ,.
From: Raymond D. Schweitzer,
City Administrator
Dept: Administration
Subject: Authorize Consultant Service s --
position of Interim Animal Control
Director
D"~ July 14, 1987
Synopsis of Previous Council action:
None
Recommen<:led motion:
Adopt Resolution
Contact person:
Raymond D. Schweitzer
Phone:
384-5122
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount: $12,730.000
Souree:124-23l-53150
Finance: tJ~ (? ~
Prof./Contractual Services/Animal Control
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 DEBORAH L. BIGGS TO PROVIDE DIRECTOR (DIVI-
SION HEAD) SERVICES FOR THE ANIMAL CONTROL DIVISION.
BE IT RESOLVED BY THE MAYOR AND COln10N 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 Deborah L. Biggs to provide Director (Division
Head) services for the Animal Control Division, a copy of which
is attached hereto as Exhibit "A" and incorporated herein by
reference as though fully 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-
nardino at a
meeting thereof, held on the
day of
, 1987, by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
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7-10-87
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The foregoing resolution is hereby approved this
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, 1987.
Approved as to form and
legal content:
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~..-, J. / (.::..~
>;;ri ty Attorney
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day
Mayor of the City of San Bernardino
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AGREEMENT
THIS AGREEMENT is made and entered into this
day of 1987, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, 300 North "D" Street, San
Bernardino, California, 92418, referred to as "City" and Debbie
Biggs, an individual, referred to as "Consultant."
city and Consultant agree as follows:
1. General Description of Work to be Done. City hereby
retains Consultant to perform the job of Animal Control
Director in accordance with guidelines as established by the
City Administrator. Said consultant develops, organizes and
directs departmental work and personnel engaged in the
enforcement of ordinances governing the licensing, quarantine,
vaccination, impounding, care, destruction and disposal of
animals, and the operation and maintenance of the city Animal
Shelter; arranges for and conducts rabies clinics; researches,
evaluates and implements methods and procedures to improve
effectiveness and efficiency; provides information to civic
groups on matters relating to the department; attends and
participates in meetings and conferences with other
administrators, public agencies, private citizens and
professional groups to discuss various animal control matters;
prepares reports and annual budget estimates; investigates
complaints; maintains a strong public relations program;
interviews personnel and recommends hiring, promotion,
discipline and dismissal; performs/actions; reviews performance
ratings of employees; supervises time-keeping; provides
employee counseling; observes and reviews the work of employees
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for compliance with rules and regulations, and ascertains
status of employees' training and development; and performs
related work as required. Such services shall include but are
not necessarily limited to those listed above.
2. Termination of Aqreement. Either party may terminate
without cause and for any reason this agreement by giving five
days advance written notice of termination to the other party.
3. Term. The term of this agreement is for three (3)
months, commencing on or about July 27, 1987, for ninety six
consecutive days concluding on or about October 30, 1987. The
term may be extended on a month to month basis for a maximum of
three months.
4. provision for Payment. Payment to Consultant for
services provided under this agreement shall be at the rate of
$20.75 per hour and in no event shall exceed $830 per week. In
addition, consultant is entitled to $250 per month for the use
of her private automobile. Consultant shall maintain a file
with the City Administrator, a record of hours expended on
assigned duties and the City Administrator shall submit a claim
or request for payment to the Finance Department every two
weeks. Consultant shall provide services for at least 160 hours
per month. Notwithstanding the foregoing, Consultant shall
devote all hours necessary to supervising the Animal Shelter
and field operations having full authority as though she were a
full time, regular employee to assure adequate performance
hereunder. Consultant shall assume and pay all out-of-pocket
expenses and costs of performing services under this agreement
and City shall not be liable for such costs and expenses
without approval in advance.
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5. Amendment. This agreement may be amended or modified
only by written agreement executed by both parties.
6. Assiqnment. Consultant's rights under this agreement
shall not be assigned by Consultant to any other person, firm
or corporation without the prior written consent of the city.
7. Relationship of Parties. Consultant is acting as an
independent contractor, and not as an employee of the city. In
the performance of personal services pursuant to the provisions
of this agreement, Consultant shall not be directly supervised
or 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 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 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.
8. Hold Harmless. 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 claim for damage for personal injury
including death as well as from Consultant's operations under
this agreement. Consultant agrees to, and shall defend City
and its agents and employees from any suit or actions at law or
in equity for damages caused or alleged to have been caused by
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reason of Consultant's performance hereunder including any
claims that may arise against city by reason of Consultant's
legal relationship with city being categorized as other than
that of an independent contractor.
IN WITNESS WHEREOF, the parties have executed this
agreement on the day and year first above written.
CITY OF SAN BERNARDINO
BY
ATTEST:
City Clerk
Approved as to Form and Legal
Content:
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.,.tI /~J:" . V ~
City Attorney
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