HomeMy WebLinkAbout1988-121
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RESOLUTION NO. 88-121
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH MARY E.
LANIER EFFECTIVE MAY 1, 1988 TO EXTEND THE TERM OF THE
AGREEMENT RELATING TO WORK PERFORMED FOR THE PLANNING
DEPARTMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL FOR THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said
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City a First Amendment to Agreement with Mary E. Lanier
9 effective May 1, 1988 to extend the term of the Agreement
relating to work performed for the Planning Department by six
11 months, at an hourly rate of $13.24; a copy of the Amendment
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to Agreement and the Agreement are attached hereto, marked
]3 Exhibits A and B and incorporated herein by reference as
14 fully as though set forth at length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
rAglll"r
1 Rth
day of
, 1988, by the following
19 vote, to wit:
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AYES:
Council Members
Estrada, Reilly, Flores,
Maudsley, Minor, _
NAYS:
None
ABSENT:
Council Member PQQ~-Ludlam
The foregoing
day of Apri 1
~p~~A1b
/' /' City Clerk 1'-iL
resolutio~,v.s hi.Ieby ap~w.. V~.. t...h..._iS let<. .
, 1988 ./a (' ,),. / \. (/
Ma~o;-10~. f6~~tY~/S;~-~~dino
mkf4/4/88
M&CC~RESOLUTION-ML
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AMENDMENT TO AGREEMENT
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THE FIRST AMENDMENT TO AGREEMENT is entered into
effective May 1, 1988 between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "CITY," and MARY E.
LANIER, referred to as "CONSULTANT."
City and Consultant agree as follows:
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1 . Rec ita 1 s .
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(a) City and Consultant entered into an Agreement on
November 3, 1987 relating to work performed for the Planning
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Department.
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(b) The parties now desire to amend the Agreement to
provide for an additional six (6) month extension of its
term.
2. ~. The term of the Agreement is extended for an
additional six (6) month period commencing May 2, 1988 and
terminating October 28, 1988.
3.
Provision for Payment. Payment to consultant shall
be at the rate of $13.24 per hour and in no event shall
exceed $13.24 per hour.
4. Other Provisions.
All other terms, conditions and
covenants of the Agreement, as amended, shall remain the same
and shall be in full force and effect.
DATED:
~.2z, /f//'T,
CITY~F SAN BERNAR~INO
~" --)2'
./ /," l'
/ j
l ", ' L/C /
B " d~J -'; 1 /[/U,/
Mayor /
ATTEST:
~d/~
/' City Clerk
as to form:
MARY E. LANIER
(", ?17t2~, '-I T;-/f({'.X(.~.u
j \_"
{
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M&CCAGENDA:AMENDMENT-ML
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EXHIBIT B
AGREEMENT
of
THIS AGREEMENT is made and entered into this
November
tf6,0
day
1987,
by
and
between
the
CITY
OF
,
SAN BERNARDINO, a municipal corporation, 300 North "D"
Street, San Bernardino, California, referred to as "City,"
and Mary E. Lanier referred to as "Consultant."
City and Consultant agree as follows:
1.
General Description of Work to be Done.
City
retains Consultant to perform planning services for and in
accordance with guidelines established by the
Planning
Commission and Development Review Committee. Such planning
services shall include, but are not necessarily limited to,
preparing planning and technical reports, preparation of area
plans, environmental documents, maps, demographic and land
use calculations, participation in community meetings and
Planning Commission meetings, coordination of such planning
services with various City departments and county and state
agencies, and performance of related planning services which
may be required by the Planning Department.
2.
Termination of Aqreement.
Either party
may
terminate this agreement without cause and for any reason by
giving fifteen days advance written notice of termination to
the other party.
3. Term. The term of this agreement is for a period of
six months. This agreement shall commence on November 3,
1987.
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4. Provision for Payment. Payment to Consultant for
services provided under this agreement shall be at the rate
of $10.46 per hour and in no event shall exceed $10.46 per
hour. Consultant shall maintain and file with the Planning
Department a record of hours expended on assigned projects
and the Planning Department shall submit a claim or request
for payment to the Finance Department every two weeks. The
parties estimate that the services hereunder will require at
least 80 hours per month. Notwithstanding the foregoing,
Consultant shall devote all hours necessary to the projects
assigned by the Planning Director to insure adequate
performance hereunder. Consultant shall assume and pay all
out of pocket expenses and costs of performing services under
this agreement and City shall not be liable for such costs
and expenses.
5. Amendments. This agreement may be amended or
modified only by written agreement signed by both parties.
6. Assiqnment. Consultant's rights under this
agreement shall not be assigned by Consultant to any other
person, firm or corporation without the prior written consent
of City.
7. Hold Harmless. Consultant hereby agrees to, and
shall, hold City, its elective and appointive boards,
commissions, officers, agents and employees, harmless from
any liability for damage or claims for damage for personal
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injury, including death, as well as from claims for property
2 damage which. may arise from Consultant's operations under
3 this agreement. Consultant agrees to, and shall, defend City
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and
its elective
and
appointive boards, commissions,
officers, agents and employees from any suits or actions at
6 law or in equity for damages caused or alleged to have been
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caused by reason of
Consultant's performance hereunder
8 including any claims that may arise agains~ City by reason of
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Consultant's legal relationship with City being categorized
as other than that of an independent contractor.
IN WITNESS WHEREOF, the parties have executed this
agreement on the day and year first above written.
CITY OF SAN BERNARDINO
Mayor
ATTEST,
~P?>>~Ab
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City Clerk
~Jla f J &;/,:,"' A'~ -'
Mary E. Lanier
Approved as to form and legal content:
tf9a~
C' Y Attorney
10/12/87