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RESOLUTION NO. /d..fd2,t:!-
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH TOWARD UTILITY ~E NORMALIZATION
3 ("TURN") RELATING TO FUNDING FOR REPRESENTATZON AT UTILITY RATE
HEARINGS BEFORE THE PUBLIC UTILITIES COMMISSION.
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BE IT RESOLVED BY THE MAYOR AND COMKON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS I
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SECTION 1. The Mayor of the City of San Bernardino is
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authorized and directed to execute on behalf of said City an
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agreement with Toward Utility Rate Normalization ("TURN") relating
to funding for representation at utility Rate Hearings before the
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marked Exhibit "A" and incorporated herein by reference as fully af
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Public utilities Commission, a copy of which is attached hereto,
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though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and COmmon Council of the City of San
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AF~
, 1977, by the following
Bernardino at a
on the ~ 'ti day of
meeting thereof, held
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vote, to wit:
AYES:
,....
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NAYS:
ABSEN'l':
of
The foregoing resolution is
~~~ , 1977.
Fl L E.D'
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'JUN t 01111
LUCILLE GOFORTH.__
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AGREEMENT
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THIS
a munftl
(utility rate hearings)
AGREEMEIlT is made and entered into this
, 1977, by and between the CITY OF
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OllJiA day of I
SAN BERNARDINO,
corporation, hereinafter called "City", and TOWARD
UTILITY RATE NORMALIZATION, a nonprofit organization, hereinafter
called "TURN".
! !. T N E SSE T H:
WHEREAS, the Mayor and Common Council of the City of San
Bernardino are willing to appropriate certain funds to TURN upon
certain conditions and with the understanding that receipt of said
funds shall not imply a continuing obligation of the City beyond
this appropriation; and
WHEREAS, the Mayor and Common Council have determined that
the expenditures authorized by this agreement are for valid
municipal public purposes, to wit: representation of the best
interests of the City and its citizens before the Public Utilities
Commission of the State of California at hearings concerning
utility rate increases for electrical energy charges, telephone
service charges, natural gas charges, and all other utilities used
by the City for the purpose of opposing all general unwarranted
rate increases for such utilities.
NOW, THEREFORE, it is mutually agreed between the parties
hereto as follows:
1. The City shall pay to TURN the sum of two thousand
five hundred dollars ($2,500.00) payable upon execution of this
agreement by the parties hereto.
2. The funds paid to TURN shall be used solely for the
purposes set forth in the last Whereas Clause of this agreement
during the period commencing on June 1, 1977 and terminating on
June 30, 19781 provided that TURN shall complete its representatio
of City for any matters then pending.
3. At such times as may be requested by the City
Administrator or Director of Finance of City, TURN shall submit
to the City Administrator, with a copy to the Director of Finance,
an accounting of the proposed and actual expenditures of said
funds.
4. TURN hereby covenants and agrees to oomply with all
laws of the State of California and rules and regulations adopted
pursuant thereto.
5. TURN hereby covenants and agrees to indemnify and save
harmless the City, its elective and appointive boards, commissions
officers, agents and employees from all liabilities and charges,
expenses (including counsel fees), suits or losses however
occurring, or damages arising or growing out of the use or receipt
of the funds paid hereunder and all operations under this agree-
mentl payments hereunder are made with the understanding that the
City is not involved in the performance of services or other
activities of TURN. TURN and its employees and agents are
independent contractors and not employees or agents of the City
in the performance of said services.
6. Any funds provided under this agreement. that are not
used for carrying out the provisions of this agreement shall be
returned to City.
7. If TURN shall fail to comply with any term, condition
or provision of this agreement or to expend or use the funds as
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herein provided" the City may terminate this agreement by mailing
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'written notice to TURN, and this agreement shall thereupon
terminate forthwith. Upon such termination, TUlIN shall return to
:City all funds paid hereunder which have not been used pursuant
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Ito the terms and conditions of this agreelllent.
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IN WITNESS WHEREOF, the parties hereto have executed this
!agreement on the date first hereinabove written.
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I ATTEST:
TOWARD UTILITY RATE NORMALIZATION
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By. .~
Title
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