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RESOLUTION NO. 82--89
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
NATION OF A CONTRACT WITH JIMMIE N. CARTEE, ARCHITECT,
ING TO ARCHITECTURAL SERVICES FOR THE CONSTRUCTION OF A NEW
STAND FACILITY FOR PERRIS HILL BALLFIELD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. Recitals.
7 (a) On November 16, 1981, a contract was executed between
8 City and Architect for certain architectural services involving
9 improvements at Perris Hill Park. That contract contains
10 provision for termination as follows:
11 "This Agreement may be terminated by either party
12 upon seven days' written notice should the other party
13 fail substantially to perform in accordance with its
14 terms through no fault of the other. In the event of
15 termination due to the fault of others than the
16 Architect, the Architect shall be paid for services
17 performed to termination date, including
]g reimbursements then due, plus terminal expense."
19 (b) During negotiations, time constraints were emphasized by
20 representatives of City, and Architect agreed to complete plans
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land specifications
not
later than January 1,
1982, so the project
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could be advertised
for
bids.
43 (c) Despite repeated promptings by agents of City, Architect
24 has failed to produce the plans and specifications.
25 (d) By letter of February 12, 1982, Assistant City Engineer
26 Roger Hardgrave notified Architect that a recommendation for
27 termination would be made to the Mayor and Common Council at the
28 meeting of March 1, 1982, but the Architect has not responded
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I ithereto.
2 i (e) Failure of the Architect to perform the contract within
3 agreed time limits, and two months beyond, constitutes good cause
4 for termination of the contract.
5 SECTION 2. Implementation; Termination of Contract. The
6 Mayor is hereby authorized and directed to execute the Notice of
7 Termination of contract in form annexed hereto and incorporated
8 herein by reference, and the City Clerk is directed to serve an
9 executed copy of such notice upon Architect promptly. The contract
10 shall be deemed terminated seven days after the date of such notice
11 I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of San
13 Bernardino at a regular meeting thereof, held
14 on the 1st day of March 1982, by the following
15 vote, to wit:
16 AYES: Council Members Castaneda, Reilly, Hernandez,
17 Botts Quiel Hobbs
18 NAYS: None
19 ABSENT: Council Member Strickler
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21 City Clerk
22 The foregoing resolution is hereby approved t day
23 of March 1982.
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M yo l/ of the q ty of Sa� rnardino
Approved as to form:
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27 AiQ�
ity Atftorriey
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NOTICE OF TERMINATION
To: Jimmie N. Cartee, Architect:
You are hereby notified, in accordance with Paragraph
VII of that certain Agreement dated the 16th day of November,
1981, between the City of San Bernardino as Owner, and Jimmie
N. Cartee, Architect, that such Agreement will be terminated
seven days from the date of this notice, seven days' written
notice of termination being given to you by this Notice.
This termination will be based upon your failure
substantially to perform in accordance with its terms through
no fault of City.
Dated this Z2,= day of March, 1982.
L
C
SHAUNA CLARK
CITY CLERK
POST OFFICE BOX 1318. SAN SERNARD] NO. CALIFORNIA 92402
March 3, 1982
Jimmie N. Cartee
422 West 16th Street, Suite 1
San Bernardino, California 92401
Dear Mr. Cartee:
Enclosed is a certified copy of Resolution No.
82-89 of the City of San Bernardino together with
the "Notice of Termination", relating to archi-
tectural services for the construction of a new
grandstand facility for Perris Hill Ballfield.
Said resolution was adopted March 1, 1982.
Sincerely,
AUNACLARK
a
Citv Clerk
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