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From:
R. Ann Siracusa
Director of Planning
Planning Department
REQUE!ltT FOR COUNCIL ACTION
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Subject: Contractual Agreement with
Mary E. Lanier
.CIT.. OF SAN BERNARDI~O -
Dept:
D~e: October 12, 1987
Synopsis of Previous Council action:
None.
Recommended motion:
ADOPT RESOLUTION
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Signature R. Ann Siracusa
Contact person: R. Ann Siracusa
Phone: 384-5057
Supporting data attached: Resolution and Agreement Ward:
FUNDING REQUIREMENTS:
OOl~17l~53l50 Professional
Amount: $1813 per month Source:and ContraC'rllal Sprv; C'P"
Finance:
w~~
(1'( ~ b,
Council Notes:
75-0262
Agenda Item No. /'t:
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MARY E. LANIER TO PERFORM
CONSULTING SERVICES FOR THE PLANNING DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION l.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City an agreement with Mary E. Lanier 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 a
meeting thereof, held on the
_day of
____.____, 1987, by the following vote to
wit:
AYES:
NAYS:
ABSENT:
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City Clerk
The foregoing resolution is hereby approved this ___day of
, 1987.
Mayor of the City of San Bernardino
legal content:
10/12/87
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AGREEMENT
THIS AGREEMENT is made and entered into this
2nd
day
OF
of
November
CITY
1987, by and
between
the
,
SAN BERNARDINO, a municipal corporation, .300 North "0"
Street, San Bernardino, California, referred to as "City,"
and Mary E. Lanier referred to as "Consultant."
City and Consultant agree as follows:
l. General Description of Work to be Done.
City
retains Consultant to perform planning services for and in
accordance with guidelines established by the
Planning
Commission and Development Review Committee. Such planning
services shall include, but are not necessarily limited to,
preparing planning and technical reports, preparation of area
plans, environmental documents, maps, demographic and land
use calculations, participation in community meetings and
Planning Commission meetings, coordination of such planning
services with various City departments and county and state
agencies, and performance of related planning services which
may be required by the Planning Department.
2. TeLmlnation of Aqreement. Either party may
terminate this agreement without cause and for any reason by
giving fifteen days advance written notice of termination to
the other party.
3. Term. The term of this agreement is for a period of
six months. This agreement shall commence on November 3,
1987.
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10/12/87
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4. ~roy~sion for Payment. payment to Consultant for
services provided under this agreement shall be at the rate
of $lO.46 per hour and in no event shall exceed $lO.46 per
hour. Consultant shall maintain and file with the Planning
Department a record of hours expended on assigned projects
and the Planning Department shall submit a claim or request
for payment to the Finance Department every two weeks. The
parties estimate that the services hereunder will require at
least 80 hours per month. Notwithstanding the foregoing,
Consultant shall devote all hours necessary to the projects
assigned by the Planning Director to insure adequate
performance hereunder. 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. Assiqnment. 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
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10/12/B7
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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
law or in equity for damages caused or alleged to have been
caused by reason of
Consultant's performance hereunder
including any claims that may arise against City by 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
Mayor
ATTEST:
City Clerk
Mary E. Lanier
Approved as to form and legal content:
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Cuy Attorney
10/12/87