HomeMy WebLinkAbout1986-171
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RESOLUTION NO.
86-171
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CAL OLSON, ARCHITECT, RELATING TO
3 CONSULTANT SERVICES FOR THE SAN BERNARDINO GOLF CLUB.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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6 SECTION 1. Authorization is hereby granted for the
7 execution of, on behalf of said City, an Agreement with Cal
~ Olson, relating to providing consulting services for the San
9 Bernardino Golf Club, a copy of which is attached hereto, marked
10 Exhibit "A" and incorporated herein by reference as fully as
11 though set forth at length, but such award will be effective only
12 upon the contract being fully signed.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a rO~''11 StIr meeting thereof, held on
16 the 'it-h day of Ma~l" , 1986, by the
17 following vote, to wit:
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AYES:
Council Members Estrada. Ollie] Frl'l?:ipr
Strickler
NAYS:
None
Council Members Reilly Hernl'lnnp?: Mrlrk" ___
ABSENT:
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/' Ci ty Clerk
The foregoing resolution is hereby approved this ~ti day
May
, 1986.
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1 Approved as to form:
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A G R E E MEN T
(Consulting Services)
3 THIS AGREEMENT is entered into on this /~c~ay of
4 ~~h~ ' 1986, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred to as
6 "City., and CAL OLSON, hereinafter referred to as .Consultant".
7 The parties agree as follows:
8 1. Recitals. City is in need of an individual with
9 knowledge and expertise of the design of golf courses and their
10 attendant hazards for the purpose of designing a protective
11 barrier along the west boundary of the golf course known as San
12 Bernardino Golf Club.
13 2. General. For and in consideration of the compensation
14 and covenants hereinafter mentioned to be made and performed by
15 Consultant, City retains Consultant and Consultant agrees to
16 perform services as set forth herein.
17 3. Duties of Consultant. The Consultant shall:
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a. visit the San Bernardino Golf Club site and analyze
19 the problem of a need for a protective barrier;
20 b. provide sketches for a barrier to screen and
21 protect parcels;
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c. present the barrier sketches to City staff, not
23 later than May 25, 1986; and
24 d. meet with City staff and other parties to discuss
25 their mutual view points about this problem.
26 4. pavment bv Citv. City shall pay Consultant for all
27 services to be rendered under the provisions of this agreement an
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1 hourly sum of $85.00 per hour, for a maximum of 35 hours, for a
2 total sum not to exceed $2,975.00. In no event shall the
3 compensation to Consultant exceed $2,975.00 hereunder.
4 5. Term. This agreement shall be effective on the same
5 date as stated above, and shall terminate when the barrier design
6 has been accepted by City, or at such earlier time as City may
7 direct.
8 6. Exclusions. Professional services rendered by
9 Consultant shall not include soils tests, structural engineering
10 or field surveys other than the site visit. The Consultant shall
11 not meet with or otherwise contact the parties to the pending
12 lawsuit, other than the City, except as set forth in Section 3d
13 above.
14 7. Unilateral Termination. This agreement may be
15 terminated by either party by giving ten (10) days' written
16 notice to the other, and this agreement shall terminate forthwith
17 ten (10) days following the date said written notice is given.
18 8. Amendment. This agreement may be amended or modified
19 only by written agreement signed by both parties and failure on
20 the part of either party to enforce any provision of this
21 agreement shall not be construed as a waiver of the right to
22 compel enforcement of such provision or provisions, nor act to
23 release any surety from its obligations under this agreement.
24 9. Assignment. Consultant has qualifications unique to him
25 alone. For that reason, the responsibilities to be carried out
26 by Consultant under this agreement shall not be assigned by
27 Consultant without the written consent of City.
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1 10. Notices. All notices herein required shall be in
2 writing, and delivered in person or sent by certified mail,
3 postage prepaid, addressed as follows:
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City of San Bernardino
c/o City Attorney's Office
300 North "D" Street
San Bernardino, CA 92418
Cal Olson
3723 Birch Street, Suite 8
Newport Beach, CA 92660
7 11. Relationshio of Parties. It is understood that the
8 contractual relationship of the Consultant to the City is that of
9 independent contractor. In the performance of personal services
10 pursuant to the provisions of this agreement, Consultant shall
11 not be supervised, directed, or under the control or authority of
12 any City officer or employee, except and to the extent as may be
13 expressly or implicitly required by the terms and provisions of
14 this agreement. Any direction or control so required under this
15 agreement shall be limited to broad objectives or goals of the
16 project or program to be accomplished and not to the details and
17 procedures to accomplish such objectives or goals. Consultant
18 shall not be obligated to conform to the supervision or direction
19 of City officers or employees which are not authorized herein.
20 Changes or modifications of said objectives and goals may be made
21 by written recommendations of either party subject to the
22 concurrence of the other party in writing.
23 12. Hold Harmless Agreement. Consultant hereby agrees to,
24 and shall, hold City, its elective and appointive boards,
25 commissions, officers, agents and employees, harmless from any
26 liability for damage or claims for damage for personal injury,
27 including death, as well as from claims for property damage which
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1 may arise from Consultant's operations under this agreement.
2 Consultant agrees to, and shall, defend City and its elective and
3 appointive boards, commissions, officers, agents and employees
4 from any suits or actions at law or in equity for damages caused
5 or alleged to have been caused, by reason of any of the aforesaid
6 operations.
7 IN WITNESS WHEREOF, the parties hereto have executed this
8 agreement on the date first hereinabove written.
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ATTEST:
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12 dty Clerk
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17 Approved as to form:
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19 City A orney
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CITY OF SAN BERNARDINO
By
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