HomeMy WebLinkAbout1988-436
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RESOLUTION NO.
88-436
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SHEILA L. MADISON TO PERFORM
CONSULTING SERVICES FOR THE PLANNING DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN 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
an agreement with Sheila L. Madison to perform consulting
services for the Planning Department, a copy of which is attached
hereto marked Exhibit "A" 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
meeting thereof, held on the
regular
21st
day of
, 1988, by the following vote to
November
wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Lud~am, Miller
NAYS:
None
ABSENT:
None
,~~7Zd/4~~
City Clerk
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1
HE/dys
11/09/88
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Resolution of the City of San Bernardino Authorizing the
Execution of an Agreement with Sheila L. Madison to Perform
Consulting Services For the Planning Department.
The foregoing
resolution is hereby approved this ~k'day
, 1988. ~ ~ (
/ 1~4-
Evlyn Wilc x, Mayor
City of San Bernardino
of
November
Approved as to form
and legal content:
2
HE/dys
11/09/88
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""
AGREEMENT
THIS AGREEMENT is made and entered into this ~o~day of
~~N~aJ , 1988 by and between the CITY OF SAN BERNARDINO, a
municipal corporation, 300 North "D" Street, San Bernardino,
California, referred to as "CITY", and SHEILA L. MADISON,
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 the Planning
Commission and the Planning Department.
Such planning services
shall include, but are not necessarily limited to, preparing
monthly newsletters, information flyers, press releases and other
similar public relations information through the Mayor's Office
and the Planning Department, as well as other related planning
services which may be required by the Planning Department.
2.
Termination of Agreement.
Either party may terminate
this agreement without cause and for any reason by giving fifteen
\1
,
days advance written notice of termination to the other party.
3.
Term.
The term of this agreement is for a period of
seven and one-half (7-1/2) months.
This agreement shall
commence on November 22, 1988 and terminate on June 30, 1989.
4.
Provision for Payment.
Payment to CONSULTANT for
services provided under this agreement shall be at the rate of
Seven Dollars ($7.00) per hour and in no event shall exceed $7.00
per hour.
CONSULTANT shall maintain and file with the Planning
Department a record of hours expended on assigned projects and
HE:ms 1
November 9, 1988
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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 approximately
eighty (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.
Taxes.
CITY shall withhold Social Security, Federal
and State income taxes from CONSULTANT'S pay.
6. Amendments. This agreement may be amended or modified
only by written agreement signed by both parties.
7.
Assignment.
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.
8. Attorney's Fees. In the event that an action is filed
by either party to enforce rights under this agreement, the
prevailing party shall be entitled to recover reasonable
attorney's fees in addition to any other relief granted by the
court.
9. Acknowledgment.
(a) CONSULTANT acknowledges and agrees that CITY is
the sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the operations
of CITY, any products or information resulting, in whole or in
HE:ms 2
November 9, 1988
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part, from the work performed under this agreement, and all
products or information derived or to be derived from said work,
regardless of whether CITY'S or CONSULTANT'S work is subject to
patent, copyright, or other protection.
(b) In the event that any work performed under this
agreement is or becomes the subject of a patent application,
patent, copyright, or other rights under the laws of the United
States or any other country, CONSULTANT agrees and understands
that CITY shall have all of the rights and remedies available to
CITY under the law as a result of such patent applications,
patents, copyrights, or other rights.
10.
Entire Agreement.
This contract constitutes the
entire agreement between CITY and CONSULTANT and may be modified
only by further written agreement between the parties.
IN WITNESS WHEREOF the parties have executed this agreement
on the day and year first above written.
CITY OF SAN BERNARDINO
El~ 2Z~ity
of San Bernardino
ATTEST:
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Sh~ila L. Madison
Approved as to Form and
Le, 1 Content:
: iL
HE:ms 3
November 9, 1988