HomeMy WebLinkAboutCC RESO 15,633RESOLUTION NO. 15,633
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF THE
AGREEMENT FROM RUTH M. FRITSCH TO LINDA KAYE HARTER TO
PROVIDE LEGAL SERVICES 7.O THE CITY
BE IT RESOLVED by the City Council of the City of National City
that the City Manager is authorized to execute an assignment of the
agreement from Ruth M. Fritsch to Linda Kaye Harter to provide legal
services to the City.
PASSED and ADOPTED this 14th day of June, 1988.
George H. Waters, Mayor
ATTEST:
IONE CAMPBELL
Ione C11, City Clerk
APPRO� AS TO
George H. Eiser, III -City Attorney
ASSIGNMENT OF AGREEMENT
For value received, I hereby assign to LINDA KAYE HARTER all
my right, title, and interest in and to the contract dated September 15,
1987, between myself and the CITY OF NATIONAL CITY for providing the
services of Deputy City Attorney to the city, a copy of which is
attached hereto as Exhibit "A".
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Dated: ( 1
Rtrm M. FRITSCH
LINDA KAYE HARTER hereby accepts the above -described contract,
subject to all the terms and conditions ther
Dated: rp --(5-(/ U
The CITY OF NATIONAL CITY hereby consents to the above
assignment.
CITY OF NATIONAL CITY
Dated: ��p
CITY MANAGER
APPROVED AS TO FORM
George H. Eiser, III
City Attorney
EXHIBIT "A"
AGREEMENT
This Agreement is made and entered into in the City of National
City, State of California, this /S741day of.kPlari<i, 1987, by and between the
CITY OF NATIONAL CITY, hereinafter referred to as "CITY", and RUTH M.
FRITSCH, hereinafter referred to as "CONTRACTOR".
CITY AND CONTRACTOR, for the consideration hereinafter stated,
mutally agree as follows:
I. SERVICES: CONTRACTOR shall provide 80 hours of legal services
to CITY per month. Said services shall consist primarily of prosecuting
violations of the National City Municipal Cbde, as assigned by the City
Attorney of CITY. Said services shall also include other duties assigned
by the City Attorney from time to time . In performing said services,
CONTRACTOR shall have the title of Deputy City Attorney.
II. CLERICAL SUPPORT AND SUPPLIES: CITY shall provide
secretarial support and clerical supplies to CONTRACTOR in the performance
of this Agreement. CONTRACTOR shall also have access to the law library of
the City Attorney located in the Civic Center.
III. PRIVATE PRACTICE: CITY acknowledges that CONTRACTOR is
engaged in private law practice, and that CONTRACTOR may continue this
private practice, provided that CONTRACTOR shall not defend or assist in
the defense of persons accused of any crime.
IV. TERM: This Agreement shall commence on the date first above
written, and shall continue thereafter for one (1) year, provided that
either party may terminate this Agreement without penalty upon giving the
other party thirty (30) days' written notice of its intention to terminate.
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V. BILLING; COMPENSATION: CONTRACTOR shall provide CITY with a
monthly statement for all services performed the preceding month. In
consideration for the performance of the services to be provided under this
Agreement, CITY shall, within 15 days of the receipt of CONTRACTOR'S
statement, pay CONTRACTOR the sum of $2,000.00 for such preceding month.
VI. INDEPENDENT CONTRACTOR: Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and
not as agents, employees, partners or joint venturers with one another.
CONTRACTOR is not an employee of CITY and is not entitled to any of the
rights, benefits, or privileges of CITY employees, including but not
limited to medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal service of CONTRACTOR and
CONTRACTOR'S employees or independent contractors, and it is recognized by
the parties that a substantial inducement to CITY for entering into this
Agreement was, and is, the professional reputation and competence of
CONTRACTOR. Neither this Agreement nor any interest herein may be assigned
by CONTRACTOR without the prior written consent of CITY. Nothing herein
contained is intended to prevent CONTRACTOR from employing or hiring as
many employees or independent contractors as CONTRACTOR may deem necessary
for the proper and efficient performance of this Agreement.
VII. CONTROL: Neither CITY nor its officers, agents or employees
shall have any control over the conduct of CONTRACTOR or any of
CONTRACTOR'S employees or independent contractors, except as herein set
forth, and CONTRACTOR expressly agrees not to represent that CONTRACTOR, or
any of CONTRACTOR'S agents, servants, employees or independent contractors,
are in any manner agents, servants or employees of CITY, it being
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understood that CONTRACTOR, its agents, servants, employees and independent
contractors are as to CITY wholly independent contractors and that
CONTRACTOR'S obligations to CITY are solely such as are prescribed by this
Agreement.
VIII. NOTICES: All written notices and communications required
to be given under the provisions of this Agreement shall be delivered
personally or delivered by deposit in the United States mail, postage
prepaid and addressed as follows:
Zb CITY:
Zb CONTRACTOR:
City Attorney
City of National City
1243 National City Boulevard
National City, CA 92050
Ruth M. Fritsch
1010 Second Avenue, Suite 1422
San Diego, CA 92101
or at such other addresses as the parties hereto may file with each other
from time to time for such purpose.
APPROVED AS TO FORM:
By
GDORGE H. EISER, III
City Attorney
CITY OF NA►%INAL ! , a municipal corporation,
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