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RESOLUTION NO. / ~ % f ::2...
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MR. ROY WARNER RELATING TO
3 SERVICES FOR TEMPORARY ASSISTANCE IN THE ANNEXATION PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
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agreement with Mr. Roy Warner relating to services for temporary
assistance in the annexation program, a copy of which is attached
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hereto, marked Exhibit "A" and incorporated herein by reference
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as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a A./T//}t~
on the ./ ,f7/J day 0 ~
vote, to wit: jl
meeting thereof, held
, 1977, by the following
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AYES:
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NAYS:
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ABSENT:
day of
The foregoing resolution is hereby approved this
?/f' ' 1977.
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Approved as to form:
FILED
JU~ 20177
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AGREEMENT
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(annexation consultant)
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THIS AGREEMENT is made and entered into this ~_ /. day
of ~r ' 1977, by and between the CITY OF SAN
BE I 0, a municipal corporation, hereinafter called "City",
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and ROY WARNER, hereinafter called "Consultant".
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WIT N E SSE T H:
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WHEREAS, the Real Property Division of City has need
of a Consultant to study and analyze the most efficient methods
to process several important annexations of property to the
City with the present City staff; and
WHEREAS, Consultant represents that he is skilled and
experienced in performing the services provided for herein and
can reduce the current heavy work load over a period of three
months,
NOW, THEREFORE, the parties hereto agree as follows:
1. General. For and in consideration of the compensatio
and covenants hereinafter mentioned to be made and performed by
the City and Consultant, the City retains Consultant and Con-
su1tant agrees to perform services as an annexation consultant
for City.
2. Duties of Consultant. The Consultant shall perform
consulting services relating to the study, analysis and proces-
sing of annexations for the Real Property Division and shall
perform related services.
3. Payment by City. City shall pay Consultant for all
services to be rendered under the provisions of this agreement
the sum of one thousand dollars ($1,000.00) per month.
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4. Term. This agreement shall be effective August 1,
2 1977, and shall continue in effect until the 31st day of October,
3 1977, unless terminated as hereinafter provided.
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5. Unilateral Termination. This agreement may be
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terminated by either party by giving ten (10) days' written
notice to the other, and this agreement shall terminate forthwith
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ten (10) days following the date said written notice is given.
In the event this agreement is terminated for any reason whatso-
ever, Consultant shall receive compensation on a pro-rata basis
for that portion of the month employed prior to termination.
6. Amenement. This agreement may be amended or modified
only by written agreements signed by both parties and failure on
the part of either party to enforce any provision of this agree-
ment shall not be construed as a waiver of the right to compel
enforcement of such provision or provisions, nor act to release
any surety from its obligations under this agreement.
7. Assignment. This agreement shall not be assigned by
Consultant without the written consent of City.
8. Notices. All notices herein required shall be in
writing, and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Roy Warner
2260 West Rialto Ave.'40
San Bernardino, CA 92410
9. Relationship of Parties. It is understood that the
contractual relationship of the Consultant to the City is that
of independent contractor.
10. Hold-Harmless Agreement. Consultant hereby agrees to,
and shall, hold City, its elective and appointive boards,
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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 employee
from any suits or actions at law or in equity for damages caused
or alleged to have been caused, by reason of any of the afore-
said operations.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
RO~RNE
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Approved as to form:
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