HomeMy WebLinkAbout1980-206 i
RESOLUTION No.
2 II RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MICHAEL B. LYNCH RELATING TO
3 CONSULTING SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY i
�I OF SAN BERNARDINO AS FOLLOWS:
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6 SECTION 1 . The Mayor of the City of San Bernardino is
i ! hereby authorized and directed to execute on behalf of said City
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8 an agreement with MICHAEL B. LYNCH relating to consulting services!,
9 a copy of which is attached hereto, marked Exhibit "A" and
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10 j incorporated herein by reference as fully as though set forth at f
11 length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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14 Bernardino at a
meeting thereof , held
1i on the y day of , 1980 , by the following
a6 vote, to wit:
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17 AYES: Councilmen
NAYS:
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ABSENT:
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23, City Clerk
23 The foregoing resolution is hereby approved' this �_ days
24 of 1980. I
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y
Mayor of t e City of San Bernardino
Approved as to form:
City _AJ70tMorney
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A G R E E M E N T
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THIS AGREEMENT is made on this day of ,
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1980, by and between the CITY OF SAN BERNARDINO, a municipal
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4 icorporation, hereinafter called "City" , and MICHAEL B. LYNCH,
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5 hereinafter called "Consultant" . i
6 W I T N E S S E T H:
WHEREAS , the City desires to retain Consultant to perform
8 services for the Police Department as hereinafter set forth; and
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9 KHEREAS , Consultant accepts said offer upon said terms,
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10 NOW, THEREFORE, the parties hereto agree as follows:
11 1 . General . For and in consideration of the compensation I
12 ! and covenants hereinafter mentioned to be made and performed by
13 ' the City and Consultant, the City retains Consultant and Consul-
14 I,'' tant agrees to conduct polygraph examinations at the Police
if Department as requested by the Police Department.
16 2. Duties of Consultant. The Consultant shall perform
polygraph examinations for the Police Department. Consultant
shall promptly conduct all examinations requested by the Police
Department. Consultant shall maintain at his own expense all
proper equipment and supplies necessary for conducting said
examinations. Consultant shall keep records and make reports of
22 examinations in the manner, time and form prescribed by the Police ;
23 kDepartment.
24 3 . Payment by City. City shall pay Consultant for all
25 lIservices to be rendered under the provisions of this agreement a
2,6 llretainer in the sum of eight hundred dollars ($800) per month.
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!' This sum shall be Consultant ' s only charge to City. Payment
! shall be made at the end of each month ' s examinations . If the
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I average monthly output of examinations decreases , City reserves
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� the right to modify the monthly retainer.r. In consideration for
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3 i' the monthly retainer Consultant agrees to hold himself available,
4 ready, willing and able to perform all requested examinations.
S i, 4 . Term. This agreement shall be effective upon execution!
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6 f,' by parties hereto and continue in effect until the 30th day of !
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7 '! June, 1981, unless terminated as hereinafter provided. r
g 5 . Unilateral Termination. This agreement may be E
9 i' terminated by either party by giving thirty (30) days ' written
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10 I!, notice to the other, and this agreement shall terminate forthwith
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thirty (30) days following the date said written notice is given.
12 In the event this agreement is terminated for any reason whatso-
13 ever, Consultant shall receive compensation on a pro rata basis
14 for that portion of the month for which he held himself available 1
as a Consultant prior to termination.
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16 6 . Amendment. This agreement may be amended or modified
17 only by written agreements signed by both parties and failure on
i 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
2<F i' enforcement of such provision or provisions , nor act to release
any surety from its obligations under this agreement.
22 7. Assignment. This agreement shall not be assigned by
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I Consultant without the written consent of City. j
2 1 8 . Notices. All notices herein required shall be in
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writing, and delivered in person or sent by registered mail , r
j postage prepaid, as follows :
City Clerk Michael B. Lynch
300 North "D" Street PO Box 49
San Bernardino, CA 92418 San Bernardino , CA 92404
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9. Relationship of Parties . It is understood that the
2 fcontractural relationship of the Consultant to the City is that
3 Hof independent contractor. City shall not exercise control of
4 , the means or manner by which Consultant conducts polygraph
5 examinations. Consultant, as an independent contractor, shall
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N obtain at his own expense any and all required business licenses
7 [ and permits. i
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8 I' Consultant is aware of the fact that as an independent
9 ( contractor he is not covered by the provisions of the Public
10 '; Employees ' Retirement Law and is not covered by City Workmen ' s
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; Compensation Insurance .
12 10. Hold Harmless Agreement. Consultant hereby agrees to,
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and shall , hold City, its elective and appointive boards,
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14 j; commissions, officers , agents and employees , harmless from any
! liability for damage or claims for damage for personal injury,
16 ! 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 law or in equity for damages caused,
,. or alleged to have been caused, by reason of any of the aforesaid
22 operations.
23 IN WITNESS WHEREOF, the parties hereto have executed this
24 I! agreement the day and year first above written.
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r. CITY OF SAN BERNARDINO
ATTEST:
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By
Mayor
City Clerk
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1 MICHAEL B. LYNCH
Consultant
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(Approved as to form:
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7 ( ity Attorney
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