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CIO OF SAN BERNARDOO - REQUOT FOR COUNCIL Ac:)ON
,
From: James F. Penman
City Attorney
Subjact: Agreement with Vivian J. Leach
for services in the Planning
Department
Dept:
Da~: June 11, 1987
Synopsis of Previous Council action:
6/1/87 - Mayor and Common Council adopted Resolution No. 87-170
authorizing execution of agreement with Vivian J. Leach
for Planning services
Recommendad motion:
That further reading of the resolution be waived and said resolution
adopted.
Ii
James
City
Phone:
5255
Contact person:
Supporting datI IUached: Staff
James Penman
report/Resolution
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.) PreviouslY authorized
(ACCT. DESCRIPTION)
Flnanca:
Council Notel:
15.0262
Agenda Item No.
S-9
CICt OF SAN BERNARDQO - REQUOT FOR COUNCIL ACC)ON
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STAFF REPORT
At the meeting of the Mayor and Common Council held on
June 1, 1987, an agreement with Vivian J. Leach for
services she is to provide the Planning Department was
approved. Pursuant to that action, it was determined
that an amendment is needed.
The previous agreement stated that "
estimate that the services hereunder
least 80 hours per month."
. the parties
will require at
In verifying this information with Ms. Vivian J. Leach,
City Attorney Penman was advised by her that Planning
had promised her at least 40 hours per week, over two
times the amount estimated in the agreement previously
prepared by the Planning Department.
After consultation with Mr. Vince Bautista, Principal
Planner, it was decided that the resolution adopting
the previous agreement should be rescinded and a new
agreement be adopted.
The pertinent change in the new agreement is the
following sentence: "The services to be reimbursed
hereunder shall not exceed 175 hours per month."
75-0264
06/11/87
Agenda No. S-9
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH VIVIAN J. LEACH TO PERFORM
CONSULTING SERVICES FOR THE PLANNING DEPARTMENT, AND REPEALING
RESOLUTION NO. 87-170.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION
1.
The Mayor of the City of San Bernardino is
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8 hereby authorized and directed to execute on behalf of said
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City an agreement with Vivian J. Leach to perform consulting
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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
meeting thereof, held on the
Bernardino at a
16 day of
, 1987, by the following vote to wit:
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AYES:
Council Members
NAYS:
ABSENT:
CITY CLERK
The foregoing resolution is hereby approved this
day of
, 1987.
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26 Approved as to form
and legal content:
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Mayor of the City of San Bernardino
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JAMES F. PENMAN
C1ty Attorney
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1 AGREEMENT
2 THIS AGREEMENT is made and entered into this day
3 of , 1987, by and hetween the CITY OF SAN
4 BERNARDINO, a municipal corporation, 300 North "0" 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 ')n
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
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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 Departnent shall submit a claim or request
for payment to the Finance Departnent 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
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1 law or in equity for damages caused or alleged to have been
2 caused by reason of consultant's performance hereunder,
3 including any claims that may arise against City by reason
4 of Consultant's legal relationship with City being
5 categorized as other than that of an independent contractor.
6 IN WITNESS WHEREOF, the parties have executed this
7 agreement on the day and year first above written.
8 CITY OF SAN BERNARDINO
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MAYOR
12 ATTEST:
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14 CityCle~----
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Vi v iii1J: Leach
Approved as to form and legal content:
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18 dvtt-&. /' /'e ;';_1~_
,,-City Attorney
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