HomeMy WebLinkAbout1987-213
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RESOLUTION NO. 87-213
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, AND REPEALING
RESOLUTION NO. 87-170.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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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 Vivian J. Leach 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 an adjoumed/re~~~ing thereof, held on the 16th
day of June
, 1987, by the following vote to wit:
AYES:
Council Members Estrada, Reillv. Flores,
Maudsley, Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
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C Pry CLERK
The
foregoing resolution is hereby approved this /7Jiday of
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ayor of the City of San Bernardino
June
26 Approved as to form
an~ legal content:
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28 q1\MES F. PEN~1AN
City Attorney
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AGREEMENT
THIS AGREEMENT is made and entered into this 2J:"~day of
'~'- /,J JA,-'1iL,r , 1987, by and between the CITY OF SAN BERNARDINO, a
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munigipal corporation, 300 North "D" Street, San Bernardino,
California referred to as "City," and Vivian J. Leach, referred
to as "Consultant."
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9 Consultant to perform planning services for and in accordance
10 with guidelines established by the Planning Commission and
11 Development Review Committee. Such planning services shall
12 include, but are not necessarily limited to, preparing planning
13 and technical reports, preparation of area plans, environmental
14 impact documents, maps, demographic and land use calculations,
15 participation in community meetings and Planning Commission
16 meetings, coordination of such planning services with various
17 City departments and county and state agencies, and performance
18 of related planning services which may be required by the
19 Planning Department.
20 2. Termination of Agreement. Either party may terminate
21 this agreement without cause and for any reason by giving fifteen
22 days advance written notice of termination to the other party.
23 3. Term. The term of this agreement shall commence on
24 June 2, 1987 and shall terminate on November 30, 1987.
25 4. Provision for Payment. Payment to Consultant for
26 services provided under this agreement shall be at the rate of
27 $9.946 per hour and in no event shall exceed $9.946 per hour.
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City and Consultant agree as follows:
1. General Description of Work to be Done.
City retains
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1 Consultant shall maintain and file with the Planning Department a
2 record of hours expended on assigned projects and the Planning
3 Department shall submit a claim or request for payment to the
4 Finance Department every two weeks. The services to be
5 reimbursed hereunder shall not exceed 175 hours per month.
6 Without exceeding the foregoing, Consultant shall devote all
7 hours necessary to projects assigned by the Planning Director to
8 insure adequate performance hereunder. Consultant shall assume
9 and pay all out of pocket expenses and costs of performing
10 services under this agreement and City shall not be liable for
11 such costs and expenses.
12 5. Amendments. This agreement may be amended or modified
13 only by written agreement signed by both parties.
14 6. Assignment. Consultant's rights under this agreement
15 shall not be assigned by Consultant to any other person, firm or
16 corporation without the prior written consent of City.
17 7. Hold Harmless. Consultant hereby agrees to, and shall,
18 hold City, its elective and appointive boards, commissions,
19 officers, agents and employees, harmless from any liability for
20 damage or claims for damage for personal injury, including death,
21 as well as from claims for property damage which may arise from
22 Consultant's operations under this agreement. Consultant agrees
23 to, and shall, defend City and its elective and appointive
24 boards, commissions, officers, agents and employees,from any
25 suits or actions at law or in equity for damages caused or
26 alleged to have been caused by reason of Consultant's performance
27 hereunder, including any claims that may arise against City by
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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
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8 ATTEST:
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10 .ci ty Clerk
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Vi v ian J. Le'ach
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Approved as to Form
13 a~l~ Legal Con1tent:
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14 ;. /1- .' t?z'vl4-c....
, . y Attorney
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