HomeMy WebLinkAbout1979-125
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RESOLUTION NO. 77'-/.;(.:)
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AMENDMENTS TO AGREEMENTS WITH IRA M. TEMPLETON,
PASCO W. TOMBERLIN, WILLIAM WINGROVE, AND FLOYD J. WILLIAMS
CLARIFYING THE RELATIONSHIP OF THE PARTIES TO THE AGREEMENTS.
I OF SAN
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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
amendments to agreements with Ira M. Templeton, Pasco W. Tomberlin
William Wingrove, and Floyd J. Williams clarifying the relation-
ship of the parties to the agreements, copies of which are
attached hereto, marked Exhibit "A" through "D", respectively,
and incorporated herein by reference as fully as though 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
Bernardino at a
/?~
of .L
meeting thereof, held
on the J f''7'<- day
.
, 1979, by the following
vote, to wit:
of
Councilmen ~~r:d~', :i71A.~ ~~
ot:.~ ~/_, r?J/L, .
~
~,:t1~~~
~/.d?4/.e::YA1.b
/kj"IFI/.,3 City Clerk
The foregoing resolution is hereby approved this ~~APday
"-Jrldl/J~'" ,1979. ~;}t~~ernardino
pro Tempore
AYES:
NAYS:
ABSENT:
\(<cS
,",',c_
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FIRST AMENDMENT TO AGREEMENT
(Consulting Services)
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into
this
Jh
day of
~I\l'~
, 1979, by and between the CITYI
I
I
OF SAN BERNARDINO, a municipal corporation, hereinafter referred
to as "City", and IRA M. TEMPLETON, an individual, hereinafter
referred to as "Consultant".
WIT N E SSE T H:
----------
WHEREAS, City and Consultant entered into an agreement on
September 1, 1978, relating to professional services for the
Cemetery Department; and
WHEEEAS, the relationship between City and Consultant
needs to be clarified to set forth the supervision requirements
of City,
NOW, THEREFORE, the parties hereto agree as follows:
1. That agreement dated September 1, 1978, is hereby
amended to add Paragraph 11 to read as follows:
"II. Supervision. 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 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.
EXHIBIT "A"
28
i!
1
'I
i', .. . ~
I Changes
made by
or modifications of said objectives and goals may be
2
written recommendations of either party subject to the
3 concurrence of the other party in writing."
4
2. All other terms, conditions and covenants of said
5 agreement shall remain the same and be in full force and effect.
6 IN WITNESS WHEREOF, the parties hereto have executed this
7 First Amendment to Agreement on the date first hereinabove
8 written.
9 CITY OF SAN BERNARDINO
ATTEST:
B~~~ ~~~
Mayor pro Tempore
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~/H/~
Ci'ty Clerk - ~h.1\\~ ~\~lLl<!..
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CONSULTANT
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< Y~m-4.~fl~-
Ira M. mp eton
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ApplDved as to form:
~~d~ll~
City At orney
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SECOND AMENDMENT TO AGREEMENT
2
(Consulting Services)
3
THIS SECCM)
AMENDMENT TO AGREEMENT is made and entered into I.
~~~ ,1979, by and between the CITY!
i
!
4
this
'2
~ ./
day of
5
OF SAN BERNARDINO, a municipal corporation, hereinafter referred
6
to as "City", and PASCO W. TOMBERLIN, an individual, hereinafter
7
referred to as "Consultant".
8
WIT N E SSE T H:
--- - - - - - - - - -
9
WHEREAS, City and Consultant entered into an agreement on
10
June 27, 1978, relating to firearms training for the San
II
Bernardino Police Department; and
12
WHEREAS, the relationship between City and Consultant
13
needs to be clarified to set forth the supervision requirements
14
of City,
NOW, THEREFORE, the parties hereto agree as follows:
1. That agreement dated June 27, 1978, is hereby
17 amended to add Paragraph 12 to read as follows:
"12. Supervision. In the performance of personal services
19 pursuant to the provisions of this agreement, Consultant shall
20 not be supervised, directed, or under the control or authority of
21 any City officer or employee, except and to the extent as may be
22 expressly or implicitly required by the terms and provisions of
23 this agreement. Any direction or control so required under this
24 agreement shall be limited to broad objectives or goals of the
25 project or program to be accomplished and not to the details and
26 procedures to accomplish such objectives or goals. Consultant
27 shall not be obligated to conform to the supervision or direction
28 of City officers or employees which are not authorized herein.
EXHIBIT "E"
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I Changes or modifications of said objectives and goals may be
2 made by written recommendations of either party subject to the
3 concurrence of the other party in writing."
4
2. All other terms, conditions and covenants of said
5 agreement shall remain the same and be in full force and effect.
6 IN WITNESS WHEREOF, the parties hereto have executed this
7 Second Amendment to Agreement on the date first hereinabove
8 written.
9
CITY OF SAN BERNARDINO
~:~~"~~~~
, Mayor pro Tempore
ATTEST:
10
II
~~
Clty Clerk-Act-:t.N3
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CONSULTANT
(/J~ $~#~
Pasco W. Tomberlin
~_to fom, J!I
--~
CJ..ty At rney
-2-
r
.. Ii .-
"
;'
,
I -
-.
1
FIFTH AMENDMENT TO AGREEMENT
2
(Consulting Services)
I
I
I
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THIS FIFTlI AMENDMENT TO AGREEMENT is made and entered into
4
this ciVj-\'I-, day of ~,')./'.-h
, 1979, by and between the CITYI
!
5 OF SAN BERNARDINO, a municipal corporation, hereinafter referred
6 to as "City", and FLOYD J. WILLIAMS, California Registered
7 Geologist No. 2143, hereinafter referred to as "Consultant".
8 WIT N E SSE T H:
9 WHEREAS, City and Consultant entered into an agreement on
10 September 3, 1974, relating to evaluation of geologic reports;
11 and
12 WHEREAS, the relationship between City and Consultant
13 needs to be clarified to set forth the supervision requirements
14 of City,
15 NOW, THEREFORE, the parties hereto agree as follows:
16
1. That agreement dated September 3, 1974, is hereby
17 amended to add Article Eight to read as follows:
18
"Supervision. In the performance of personal services
19 pursuant to the provisions of this agreement, Consultant shall
20 not be supervised, directed, or under the control or authority of
21 any City officer or employee, except and to the extent as may be
22 expressly or implicitly required by the terms and provisions of
23 this agreement. Any direction or control so required under this
24 agreement shall be limited to broad Objectives or goals of the
25 project or program to be accomplished and not to the details and
26 procedures to accomplish such objectives or goals. Consultant
27 shall not be obligated to conform to the supervision or direction
28 of City officers or employees which are not authorized herein.
EXHIBIT "D"
r!
,
,
;1...."
I
I:
I :h~n~e~
made by
written recommendations of either party subject to the
or modifications of said objectives and goals may be
2
3 concurrence of the other party in writing."
4
2. All other terms, conditions and covenants of said
5 agreement shall remain the same and be in full force and effect.
6 IN WITNESS WHEREOF, the parties hereto have executed this
7 Fifth Amendment to Agreement on the date first hereinabove
8 written.
9 CITY OF SAN BERNARDINO
ATTEST:
B~~~
Mayor pro Tempore
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II
~4/~1b
Crty Clerk-o.ctiN3 G\t.l2.K-
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CONSULTANT
J?1)~~_2~
F yd J. Williams
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to form:
~I~.?
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1
FIFTH AMENDMENT TO AGREEMENT
2
i
,
I
I
i
into I
, 1979, by and between the CITYI
corporation, hereinafter referred i
(Consulting Services)
3
THIS FIFTH AMENDMENT
~
day of --r--
OF SAN BERNARDINO, a municipal
TO AGREEMENT is made and entered
4
this
5~
5
6
to as "City", and WILLIAM WINGROVE, an individual, hereinafter
7
referred to as "Consultant".
8
WIT N E SSE T H:
---------
9
WHEREAS, City and Consultant entered into an agreement on
10
October 30, 1974, relating to the conducting of polygraph
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examinations as requested by the Police Department; and
12
WHEREAS, the relationship between City and Consultant
13
needs to be clarified to set forth the supervision requirements
14
of City,
NOW, THEREFORE, the parties hereto agree as follows:
17 amended to add Paragraph 11 to read as follows:
1. That agreement dated October 30, 1974, is hereby
18
"11. Supervision. In the performance of personal services
19 pursuant to the provisions of this agreement, Consultant shall
20 not be supervised, directed, or under the control or authority of
21 any City officer or employee, except and to the extent as may be
22 expressly or implicitly required by the terms and provisions of
23 this agreement. Any direction or control so required under this
24 agreement shall be limited to broad objectives or goals of the
25 project or program to be accomplished and not to the details and
26 procedures to accomplish such objectives or goals. Consultant
27 shall not be obligated to conform to the supervision or direction
28 of City officers or employees which are not authorized herein.
EXHIBIT "C"
. .
.: ..
1 Changes or modifications of said objectives and goals may be
2 made by written recommendations of either party subject to the
3 concurrence of the other party in writing."
4
2. All other terms, conditions and covenants of said
5 agreement shall remain the same and be in full force and effect.
6 IN WITNESS WHEREOF, the parties hereto have executed this
7 Fifth Amendment to Agreement on the date first hereinabove
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8 written.
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ATTEST:
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~#?t?/ ~~
City Clerk.Q~~;I'Sc:, C\..P_K..
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Approved as to form:
L~~
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CITY OF SAN BERNARDINO
~~
B Mayor pro empore
CONSULTANT
{j )d.icm"~f1.l< J.F
wil iam ngrove
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