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HomeMy WebLinkAbout1985-242 I RESOLUTION NO. 85-24' 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO AGREEMENT WITH MICHAEL B. LYNCH 3 PROVIDING FOR A ONE YEAR EXTENSION OF THE CONTRACT AND ADDITIONAL COMPENSATION RELATING TO THE CONDUCT OF POLYGRAPH EXAMINATIONS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City a Fifth 8 Amendment to Agreement with Michael B. Lynch providing for a one 9 year extension of the contract and additional compensation 10 relating to the conduct of polygraph examinations, a copy of which II is attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San IS Bernardino at a reqular meeting thereof, held on 16 the Julv , 1985, by the following vote, 1st day of 17 to wit: 18 AYES: Council Members Estrada Rei lly Mark" 19 Quiel. Frazier. Strickler 20 NAYS: None 21 ABSENT: Council Member HArnnnnA7. 22 ~~~~ / Clty lerk 23 24 The foregoing resolution is hereby day 25 of July , 1985. 26 I Approved as to form: II~~~;? I City A torney 27 28 !j 'I ~ il I I FIFTH AMENDMENT TO AGREEMENT 2 (Polygraph Examinations) 3 THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into 4 this 16th day of July , 1985, by and between the CITY 5 OF SAN BERNARDINO, a municipal corporation, hereinafter called 6 "City", and MICHAEL B. LYNCH, an individual, hereinafter called 7 .Consultant". 8 City and Consultant agree as follows: 9 1. Recitals. 10 A. City and Consultant entered into an Agreement on 11 May 22, 1980, a First Amendment to Agreement on June 10, 1981, a 12 Second Amendment to Agreement on June 24, 1982, a Third Amendment 13 to Agreement on May 9, 1983, and a Fourth Amendment to Agreement 14 on July 24, 1984 (collectively "the Agreement"), relating to the IS conduct of polygraph examinations at the Police Department. 16 B. The parties now desire to amend the Agreement to 17 provide for a one year extension of its term and additional 18 compensation for Consultant. 19 2. Term. The term of the agreement is extended for an 20 additional period of one year commencing July 1, 1985, and 21 terminating June 30, 1986. 22 3. Payment by City. Effective July 1, 1985, ~ity shall pay 23 Iconsultant for all services to be rendered under the provisions this agreement a retainer in the sum of One Thousand Dollars of 24 25 ($1,000) per month. This sum shall be Consultant's only charge to 26 City. Payment shall be made at the end of each month's 27 examinations. If the average monthly output of examinations 28 decreases, City reserves the right to modify the monthly retainer. 26 27 28 I In consideration for the monthly retainer, Consultant agrees to 2 hold himself available, ready, willing and able to perform all 3 requested examinations. 4 4. Other Provisions. All other terms, conditions and 5 covenants of the Agreement, as amended, shall remain the same and 6 be in full force and effect. 7 IN WITNESS WHEREOF, the parties have executed this Fifth 8 Amendment to Agreement on the day and year first above written. 9 CITY OF SAN BERNARDINO By ~~~~Ar;~W .r Mayor . ATTEST: 10 II ~/MIJ1/~~ e'ity Clerk 12 13 MICHAEL B..~ ~)\ ~ \) 14 15 16 Approved as to form: C~~~ 17 18 19 20 21 22 23 24 25 -2-