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CI't-r- OF SAN BERNARDlwQ - REQU~T FOR COUNCIL AC'HON
Frank A. Schuma
From: Planning Director
Dept: Planning
Date: December 11, 1986
Subject:
Contractual Agreement with
Ruth Cook for Consultant
Services
Mayor and Council Meeting
of December 22, 1986,
Synopsis of Previous Council action:
None
Recommended motion:
^dopt Resolution
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Signature
Frank A. Schuma
Contact person:
Frank A. Schuma
Phone:
383-5057
Resolution and Agreement
Supporting data attached: Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
7S.0~62
Aaenda Item No ~
"'CITY OF SAN BER1QARDINO"~ MEMORANDUM
To The Mayor and Common Council
Frank A. Schuma
From Planning Director
Date December 11, 1986
Subject Contractual Agreement for Planning,
Services with Ruth Cook
Approved
Date
The Planning Department is
Aide and Assistant Planner
September.
currently recruiting the Planning
positions which were vacated in
Since the recruitment process is expected to take a consid-
erable length of time, it is requested that the department
be authorized to temporarily fill the position of Planning
Aide through a contractual agreement with Ruth Cook. Ms. Cook
served as an intern during the Fall Quarter through California
State University at San Bernardino. Filling the position in
this manner would greatly assist the department in meeting its
application processing times during this period of high develop-
ment activity.
(~~_O--:~
FRANK A. SCHUMA
Planning Director
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attachments
c,ry ON rHI~~..
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RESOLUTION NO.
2 RESOLUTION OF TilE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RUTH MARIE COOK TO PERFOffi1 CON-
3 SULTING SERVICES FOR THE PLANNING DEPARTMENT.
4 BE IT RESOLVED BY THE MAYOR AND CO~ll10N COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with Ruth Marie Cook to perform consulting services
9 for the Planning Department, a copy of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as fully
11 as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San Bernar
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dino at a
meeting thereof, held on the
day of
, 1986, by the following vote, to wit:
AYES:
Council IVlembers
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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CityfAttorney
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AGREEMENT
THIS AGREEMENT is made and entered into this
day
of
, 1986, by and between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City",
5 and RUTH MARIE COOK, referred to as "Consultant."
6 city and Consultant agree as follows:
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1.
General Description of Work to be Done. City
8 retains Consultant to perform planning services for and in
9 accordance with guidelines established by the Planning
10 commission and Development Review Committee. Such planning
11 services shall include, but are not necessarily limited to,
12 preparing planning and technical reports, preparation of area
13 plans, environmental impact documents, maps, demographic and
14 land use calculations, participation in community meetings and
15 Planning commission meetings, coordination of such planning
16 services with various City departments and county and state
17 agencies, and performance of related planning services which
18 may be required by the Planning Department.
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2.
Termination of Aareement. Either party may
20 terminate this agreement without cause and for any reason by
21 giving fifteen days advance written notice of termination to
22 the other party.
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3.
Term. The term of this agreement is for twelve
24 months, commencing January 5, 1987 and terminating December
25 31, 1987.
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4.
Provision for PaYment. Payment to Consultant for
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services provided under this agreement shall be at the rate of
$9.005 per hour and in no even~ shall exceed $9.005 per hour.
Consultant shall maintain and file with the Planning
Department a record of hours expended on assigned projects and
the Planning Department shall submit a claim or request for
payment to the Finance Department every two weeks. The parties
estimate that the services hereunder will require at least 160
hours per month. Notwithstanding the foregoing, Consultant
shall devote all hours necessary to the projects assigned by
the Planning Director to insure 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.
5. Amendments. This agreement may be amended or
modified only by written agreement signed 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 City.
7. 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
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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 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.
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 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 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.
9. Notices. All notices herein required shall be in
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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 "0" Street
San Bernardino, CA 92418
Ruth Marie Cook
3557 North E Street
San Bernardino. CA 92405
IN WITNESS WHEREOF, the parties have executed this
agreement on the day and year first above written.
9 ATTEST:
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City Clerk
Approved as to form:
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'city Attorney
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CITY OF SAN BERNARDINO
By
Mayor
CONSULTANT
Ruth Marie Cook
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