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HomeMy WebLinkAbout1987-170 28 1 RESOLUTION NO. 87-170 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VIVIAN J. LEACH TO PERFORM 3 CONSULTING SERVICES FOR THE PLANNING DEPARTMENT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 an agreement with Vivian J. Leach to perform consulting services 9 for the Planning Department, a copy of which is attached hereto, 10 marked Exhibit "An and incorporated herein by reference as fully 11 as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a regular meeting thereof, held on 15 the 1st , 1987, by the following vote to day of June 16 wit: 17 AYES: Council Members Estrada. Reill~. Flores. 18 __11.9-11.9 I s ~Y-l_l1j,.D 0 r. P.Q~ - L ud 1 am~ Mille r 19 NAY S : None 20 ABSENT: ___l'iQIlEl ~--_._-- 21 ~~A'~________ ,,/' City Clerk 22 23 The foregoing resolution is hereby approved this ~h1 day 24 of June , 1987. / .,?-, ~--,;;1 /' J " /~'~'~>./ ,( ,/ l"'" ~/ /,,,,,no,, f'.-' J //". ;( ..{...../ /1 I '%./ .L. . / /-/ I L1 A ,,'\..-, '. . / <.- ,,\~ I../L- . .--\.--1/ /i' -'" l .&'-:--0 -J--------- __. __. (l{ayor od the City of San /Bernardino 25 26 Approved as to form: 27 , 1./ ,f1~j P' . / , / )j,l"~JJ-"'_'l P , i s,',.:..,:"'v.;, I__~' (,/ .. 7' City Attorney . .'. ~.' ,,""" -..,~: :,.,t,t. 1 AGREEMENT 2 THIS AGREEMENT is made and entered into this day 3 of , 1987, by and between the CITY OF SAN 4 BERNARDINO, a municipal corporation, 300 North "D" Street, 5 San Bernardino, California, referred to as "City," and 6 Vivian J. Leach, referred to as "Consultant." 7 City and Consultant agree as follows: 8 1. General Description of Work to be Done. City 9 retains Consultant to perform planning services for and in 10 accordance with guidelines established by the Planning 11 Commission and Development Review Committee. Such planning 12 services shall include, but are not necessarily limited to, 13 preparing planning and technical reports, preparation of 14 area plans, enviornmental impact documents, maps, 15 demographic and land use calculations, participation in 16 community meetings and Planning Commission meetings, 17 coordination of such planning services with various City 18 departments and county and state agencies, and performance 19 of related planning services which may be required by the 20 Planning Department. 21 2. Termination of Agreement. Either party may 22 terminate this agreement without cause and for any reason by 23 giving fifteen days advance written notice of termination to 24 the other party. 25 3. Term. The term of this agreement shall commence on 26 June 2, 1987 and shall terminate on November 30, 1987. 27 4. provision for Payment. Payment to Consultant for 28 services provided under this agreement shall be at the rate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of $9.946 per hour and in no event shall exceed $9.946 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 services to be reimbursed hereunder shall not exceed 175 hours per month. Notwithstanding the foregoing, Consultant shall devote all hours necessary to projects assigned by the Planning Director to insure adequate performance here- under. 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. 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. 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 injury, including death, as well as from claims for property damage which may arise from Consultant's operations under this agreement. Consultant agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at IIIIIIIIII /1/11111111 IIIIIIIIII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 law or in equity for damages caused or alleged to have been caused by reason of Consultant's performance hereunder, including any claims that may arise against City by reason of 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: City Clerk Vivian J. Leach Approved as to form and legal content: /1 l I i l