HomeMy WebLinkAbout1994-263
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
, ,. .
.
RESOLUTION NO. 94-263
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FOURTH AMENDMENT TO THE AGREEMENT WITH
CONSULTANT, RUTH PARISH, OF TECKNOWLEDGE GROUP, INC. TO PERFORM
CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION SERVICES
DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL FOR THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said city
a fourth amendment to the agreement with Ruth Parish to perform
consulting services for the M.I.S. Department, a copy of which
is attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above
referenced amendment is rescinded if the parties to the
amendment fail to execute it within sixty (60) days of the
passage of this resolution.
21 I HEREBY CERTIFY that the foregoing resolution was duly
22 adopted by the Mayor and Common Council of the City of San
23 Bernardino at an regu1armeeting thereof, held on the 6th day of
24 Sept., 1994, by the following vote to wit:
25 /
26 /
27
28
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
94-263
.
,
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FOURTH AMENDMENT TO THE AGREEMENT WITH RUTH
2 PARISH TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT
INFORMATION SERVICES DEPARTMENT.
COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN X
HERNANDEZ x
OBERHELMAN X
DEVLIN X
POPE-LUDLAM X
MILLER X
~~
CITY CLERK
The foregoing resolution is hereby approved this
'2/h day of Septembe,.; 1994.
~~
TOM MINOR, MAYOR
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
c~
By: ~
94-263
.
,
FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into
this ~ day Of~~~1 ' 1994, by and between the City of
San Bernardino, a municipal corporation, 300 North "D" street, San
Bernardino, California 92418, (herein referred to as "City", and
TecKnowledge Group, Inc., a California Corporation, 15597 willow
Drive, Fontana, California
92337, by and through Ruth Parish,
Treasurer, a principal of said corporation (herein referred to as
"Consultant").
RECITALS
WHEREAS, the City and Ruth Parish entered into that certain
agreement dated June 8, 1990 for consulting services (original
agreement) attached hereto as Exhibit Ai and,
WHEREAS, Ruth Parish has become a principal of TecKnowledge
Group, Inc.; and,
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, the parties agree as follows:
1. city engages TecKnowledge Group, Inc. as consultant, and
TecKnowledge Group, Inc. accepts such engagement, to perform the
services described in the original agreement. TecKnowledge Group,
Inc. assures and covenants to City that it has the qualifications,
experience and facilities to properly perform said services and
agrees to undertake ~nd complete the performance thereof under the
terms and conditions set forth in the original contract and as
amended herein.
I
1
94-263
.
,
2. TecKnowledge Group, Inc. will also provide G.I.S.
Technician services to the city's Public Services department as
defined in this agreement.
3. TecKnowledge Group, Inc. agrees that Ruth Parish shall
continue to provide the services as set forth in the original
agreement through the term of this agreement.
specific G.I.S. projects targeted for 94/95:
a) Expansion of Police incident mapping to include all Part
I crimes.
b) Creation of programs to recognize and map Police incident
crime patterns.
c) continue city's extensive participation in Norton
Agua/Mansa Economic Development G.I.S. project by
providing timely data to interested businesses and
developers.
d) Development of a complete city address, street, and
parcel book for police, Fire and other interested
departments.
e) Perform cross-check on every street and address within
the Police department's 911 Geofile database.
f) Provide identification of (approximately 70,000) parcels
within City to allow for:
. Address matching per parcel
. Mail~ng lists to constituents of any area defined
by any geographical area
2
94-263
.
· Allow cross checking of addresses in any
address/assessor number database with our own
business and G.I.S. databases.
· Provide for completion of new Land Use map for the
Planning department
· Provide complex population, building, and land use
data to the Public Works transportation modeling
process.
. Election statistics mapping
g) Establish tracking of city's Fire incidents.
h) continue extensive involvement in Police department move
providing utility, and cabling maps.
Ruth Parish will also be responsible for management and
quality of all services performed by the G.I.S. Technician whose
project will be the development, installation and implementation of
entering the city's entire sewer and storm drain system into the
city's G.I.S.
TecKnowledge Group, Inc. agrees to employ a qualified
technician for the G.I.S. Technician services.
Any changes by
TecKnowledge Group, Inc. in personnel performing services under
this agreement must be approved in writing by the M.I.S. Director.
4. section 2 of the original contract is hereby amended to
read as follows:
I
3
94-263
SECTION 2. Term.
The term of this agreement shall commence September 7, 1994
and end June 30, 1995. This agreement may be extended on a month-
to-month basis for a maximum of twelve (12) additional months upon
the express written consent of Consultant to such extension and the
approval thereof by the city Administrator.
4. section 3 of the original contract is hereby amended to
read as follows:
SECTION 3. Payment and provision for Payment.
A. Maximum Compensation
(1) Maximum total compensation to be paid under this
agreement shall be sixty-two Thousand, four hundred and forty
dollars ($62,440).
Payment to Consultant for General G.I.S. services
provided under this amendment shall be at the rate of $25.00 per
hour.
Payment to Consultant provided under this amendment for
G.I.S. Technician services for the Public Services department shall
be at the rate of $11.00 per hour.
(2) Consultant shall provide a minimum of 24 hours of
general G.I.S. Coordinator services and a minimum of 24 hours of
G.I.S. Technician services per calendar week.
B. Manner of Compensation
(1) Consultant shall maintain and file with the M.I.S.
Department a record 9f all hours worked on assigned projects. Said
projects shall be listed by work order as such listing is requested
by the Director of M.I.S. and shall list services provided by Ruth
I
4
94-263
Parish, subtotaled, followed by services provided by the G.I.S.
Technician, subtotaled, followed by a grand total.
(2) The director shall submit a claim or request for
payment based on such record to the Finance Department in such
manner that Consultant shall be paid bi-weekly.
(3) Consultant shall assume and pay all out-of-pocket
expenses and costs of performing services under this amendment
except as otherwise specifically provided herein, and city shall
not be liable for any such costs and expenses.
5. section 8 of the original agreement is hereby amended to
add the following paragraph:
Consultant shall provide to city evidence of insurance
covering consultant, technician, and city as an additional insured
as to any potential liability to consultant, technician and City.
The evidence to be provided shall be a certificate of Insurance
describing the coverage provided and naming city as an additional
insured. The insurance shall consist of the following:
A. Commercial General Liability Insurance
Commercial General Liability Insurance provided by
consultant, in a combined single limit of not less than
$1,000,000.00.
The certificate of Insurance shall provide that the
city shall be notified in writing thirty (30) days prior to any
cancellation or red~ction in the above insurance coverage.
5
94-263
6. section 14 is hereby amended to read as follows:
14. Notices
Any Notice required to be given hereunder shall be
deemed to have been given by depositing said notice in the United
states mail, postage prepaid, and addressed as follows:
city
Consultant
Rachel Clark, city Clerk
TecKnowledge Group, Inc.
city of San Bernardino
15597 willow Drive
300 North "D" Street
Fontana, California 92337
San Bernardino, CA 92418
7. The remaining terms of the original agreement are to
remain in full force and effect.
Any further amendments or
modifications are to be made in writing.
Executed this ./d.- day of ~\ 1994, at San Bernardino,
California.
CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
ATTEST:
a~ ~--'
Rad~el Clark
city Clerk
~/Jt~
Tom Minor, Mayor
city of San Bernardino
TECKNO~LZGE G,~~. ~'/1. NC.
;idlXJ 14~, 1
Ruth Parish
Treasurer
Approved as to form,
and legal content:
James F. Penman
city Attorney
6
.
94 263'
EXHmIT "A"
94:~~3
l..?)' ;;/as
/~
,
1
2
3
4
5
6
7
.
:jf~"i~-"
"~~'.
~,J;.
~..
. "'I'
.c .~.t'
AGREEMENT
and entered into this
THIS
~c. day of
, 1990, by and between the city
corporation, 300 North "0"
of San Bernardino,
8 Street, San Bernardin9, California 92418, (herein referred to as
9 "city"), and Ruth Parish, 78-650 Avenue 42, #2001 Bermuda Dunes,
10 California 92201 (herein referred to as "consultant").
11
12
13
14
15
16
17
18 ,accepts
city and, Consultant agree as follows:
:/.'
'f
r
.
1. General Description of Work to be Done.
city hereby engages consultant, and Consultant hereby
such
engagement, to perform the services
herein
19
20
21
described for
the compensation herein provided.
Consultant
hereby assures
and convenants to city that she has the
qualifications,
experience and facilities to properly perform
22 said services, and hereby agrees to undertake and complete the
23 performance thereof for the compensation herein provided.
24
25
26
27
II/II
II/II
///1 /
IfIll
, I
28 IlIff
1
EXHIBIT "A"
:' 94 :""?F
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
20
2.
~
, ,
1
2
The term of
shall commence July 2, 1990,
this agreement
and
end
June 30,
1991.
This agreement may be extended on a
" "
month-'to-month
3 ::;~','..' .'1~~11;::" ','
'!m"nth~"fupon the
4'," ",
basis for
a maximum of twelve
(12)
additional
written
express
consent of
Consultant to such
extension and the approval thereof by the City Administrator.
3. Pavment and Provision for Pavrnent .
A.Maximum Compensation
(1) Maximum total compensation to be" pai!1 under
this agreement shall be Forty-eight Thousand Two
Hundred dollars
. "'t' ,,','
". . t'" '';.
~: . ":' .. ~ ,
. .,'
"p .
($48,200)..
'.'
Payment to Consultant for services provided under this
agreement shall be at the rate of $24.32 per hour, and in no
event shall exceed $4,215 within any calendar month.
(2) Consultant shall
hours of service per calendar month.
provide a minimum of 130
B. Manner of Compensation
(1) Consultant shall maintain and file with
Data Processing: Department a record of all hours worked on
the
assigned projects. said projects shall be listed by work order
if such listing is requested by the Data Systems Manager.
27
28 IIIII
2
94 ,2!''l>.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(2) The Data systems Manager sha~~ sub~it a ~~aim
or request for payment based ,on such record to the Finance
Depar:~~n~.in such manner that Consu~tant sha~~ be paid
, -i4;'"
bi-,,;e.lay.:,
.'\"!'tC:.',." :1,'
" .....,~t<. ~.
. .;,.;~."..~-:;r.,
(3) Consu~tant sha~l assume and pay all. out-of-
pocket expenses and costs of performing services under this
agreement except as otherwise specificallY provided herein, and
city shall not be liable for any such costs and expenses.
4.
General Description of Work to be Done .
. '~i-l'~:~:;<':"., ',-..:
.... ~. .,a:ot:.~.. :~ ft.
.," " . -: t4.",~..... It'
to perfo1;m
":i""'."" ,
~!. .~.
follow..,'.... '
~-:.: -
:"jli'.
city
hereby
retains
consultant
coordinating/programming, and training services as
"
(a)
Act
as technical advisor/administrator for
providing advice and guidance on: All projects being considered
for
CADD;
software and
hardware capabilities; creating,
implementing, and auditing computer applications.
(b) Evaluate, study, and analyze city's needs with
respect to what technical applications are needed to ensure both
a cost effective and efficient CADD system.
(c)
Writes documentation, procedures, and provides
hands on training for city personnel.
25
26 IIIII
27 1/ 1/ I
28 II/II
3
. '
,
"
94 263
1
2
3
4
5
6
7
8
9
10
11
12
13
,14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cd)
Acts as
prime interface between, computer
vendors, consultants, outside agencies, and city for technical
.
c~~~~atlons with respect to CADD.
... .;. 41::.""
" .""';,;~l'
"~"11 .
'<.J":;.. '", t
(e) Also acts as interface between data processing
and all other city departments with respect to CADD.
5. Amendments.
This agreement may be amended, or modified only by written
agreement executed by both parties.
....
6. Assiqnment
~. .'
. i~".t;:.;.;",
'j.t\:')~''"''
,. '.'"
.. .
.\ '.~'. ...}t.~ . ;~;~~~:~,..
.., "I>' I
.- , , 't.1~: "':''',:
.:".. ..
.-
this agreement shall', ~~~t be
Consultant's rights under
assigned by Consultant to any other person, firm or corporation
without the prior written consent of the city.
7. Relationshio of Parties.
Consultant is acting as an independent contractor, and
not as an employee of the city. In the performance of personal
services
provisions of this agreement,
pursuant to
the
Consultant shall not be supervised, directed, or under the
control or authority of any city officer or employee, except and
to the extent as may be expressly or implicitly required by the
"
terms and provisions of this agreement. Any'direction or
II/II
1/11/
~.
4
94'2~'3
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
,HI
20
21
22
23
1
~ontrol so required under this agreement shall be l~mited to
broad objectives 'or goals of the project or program to be
accomplished and not 'to the details and l'roo..llnr.... to nooolnllliAii
J:::..~.
Such,~Jectives or goals. Consultant shall not be obligated to
conform:" to the supervision or direction of city officers or
2
employees
which are
not authorized
herein.
or
Changes
,modifications of said
objectives and goals may be made by
written recommendations
either party
subject to
the
of
concurrence of the other party in writing,
8. Hold Harmless .
Consultant hereby agrees to, and shall, hold cit~~,f its
elective and appointive boards, commissions, officers, ~gents
;/ ,
"'.
and employees, harmless from any liability for damage or'claim
for damage for personal injury, including death, as well as 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
"
suit 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.
24
25 /11/1
26/111/
27 1/111
28/1111
5
, '
94 263 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
~8
9. Attornev's .Fees .
, ,
;t1~,~:.>t'14'~; ":.1" n,;::, the
'~'~~,.~~. oW.' ".'.....'.. .,,,
......""'...:;c:r.m.......'.r..:,r
'.=.:' t~' "'?iH hts
" '.- :";"1" ',;1. ""'''9.
'~~@.ilt ., . rti",.' :",
,1.,2"- ,A~i;!V"""
~&.I.\i.ti".Lt:leu to
event an action is
filed by
.
either party to
under this Agreement, the prevailing party shall
recover reasonable attorney's fee in addition to
any other relief granted by the court.
10. Termination bv citv .
Notwithstanding any other provision of this Agreement,
the city, by notifying Consultant in writing, may terminate all
or a portion of the services agreed to be performed under this
Agreement with or without cause. consultant shall be given five
~ .
(5)' days' written, notice for failure of Consultant to iferform
t-' . .
I.
obligations under the contract in a satisfactory manner, and
thirty (30) days' written notice if termination is for other
reasons. Notice shall be mail posted to the address set forth
herein for the receipt of notices.
In the event of any
termination, Consultant shall have the right and obligation to
immediately assemble work in progress and forward same to the
city. All charges outstanding at the time'of termination shall
be payable by the city to consultant within thirty-five days
fol~ow~ng submission of final statement by the Consultant.
.;.T.'....
"':1.1."
,'..~~:....~:: ::"
11. Acceptance of Final PaYment constitutes Release .
The acceptance by Consultant of the final payment made
according to the terms of this Agreement shall operate and be a
/////
6
,
94 263 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
r~l~ase to the city, and every employee 'and agent thereof~' ~rom
, ,
all claims and liabilities to
Consultant for anything done or
..fur~irh,~:1, fQr or relating to the work or services, or for an'y
, d;,,'" ill;;" ~ ~. ,
,0 aq;t;.c;it'!7,I'failure to act Qf the city relating to or arising out Qf
. ~ '.i!'!~'.
. .". ~ .' ~'J'~f;. '.
worJt~,'and' ..this Agreement.
12. Acknowledaement .
(a) Consultant acknowledges and agrees that city is the
sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the op~~~t~ons
. .:...;....
of city, any products or information resulting, in ~ti?le~. or in
~.~.; ,'il' ~'"
part, frQm the work performed under this agreement~' and ,all
~. ,":""i.;
products or information derived or to be derived from sai~,work}.
.....J:. . ':.. ~,.
regardless of whether city's or consultant's work is SUbject to
.,.
,
patent, copyright, or other protection.
(b) In the event that any work performed under this
agreement is or becomes the subject of a patent application,
"
patent, copyright, or other rights under the laws of the United
states or any other country, consultant agrees and understands
that city shall have all the rights and remedies available to
city under the law as a result of such patent applications,
patents copyrights, or other rightS.
" ~.
13. Confidentiality and Non-Disclosure.
(a) consultant acknowledges that during the consultation,
Consultant'has had and/or shall have access to and has become
and/or shall or may become aware of secret information.
'.
7
94.26.3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Consultant agrees to hold
, ,
,
in confidence all,' sucj1~ secret
information disclosed to Consultant or developed by Consultant
in ~~~?~ctio~ ,with the work performed under this agreement,
" ~:'h:.,,;
e!t:heri1J:1',writing, Verbally, or as a result of the Consultation
:~'.#.' '<~"":'. .....
~xcept:I~;
.
(1) Information which, at the time of disClosure, is
in the public domain or which, after disClosure, becomes part of
the public domain by pUblication or otherwise through no action
or fault of Consultant; or
.>~" I"
.
(2) Information which Consultant can show is in,'its
possession at the time of disclosure and was not
N ......".
.'. .. .
directly or indirectly, from City;
acqf~~~'.
E;~'- '
" "".,,. .
, ,-
: <,;~'q . ~
,. '.'
(3) Information which was received by Consultant'from
a third party having
information.
the legal right to transmit
that
(b) Consultant shall not, without the written permission
of the Data Systems Manager, use the secret information, which
Consultant is obligated hereunder to maintain in confidence, for
any reason other than to enable Consultant to properly and
completely perform under this agreement.
(c) Corisultant shall not reproduce or make copies of the
secret information or Consultant's output, except as required in
the performance of this agreement.
Upon termination of the
I
agreement for any re~son whatsoever, Consultant shall promptly
deliver to city all correspondence, drawings,
blueprints,
8
. '
,9,4 -263
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
.
~anua1s, . 1etters, notes, notebooks;
reports,
filQw-c::h-arts,
.~
,
programs, proposa1s, or documents concerning city.
.
I-::!t..~ . ~.' .~'..~~ .,.
~~~.:. . N'r,\',:':
";:.<,.1 .'
"t,r.::Jd), ,,'''Except as may
. ""l:~j..'.."., ")
agreemeht/:" Consul tant
be required for performa~ce of
this
any
time
during
at
shall
not,
or
subsequent to this agreement, unless city has given prior
written consent, disc10se or use the secret information or
engage in or refrain from any action, where such action or
inaction may resu1t (1) in the unauthorized disc10sure of any or
all such secrets to any person or entity; or (2) in the
infringement of any or a1l such rights.
.:~~~;:{:~ .
. ',:..
(e) Consu1tant sha1l immediate1y notify city ~i~ny
information which ,comes to consultant's attention which dbes or
i . ·
might indicate that there has been any loss of confidentiality
of such secrets or breach of such rights.
person limited to that portion of the secret information that
that person needs to know. Consultant sha11,inform each such
person of the provisions of this agreement regarding secret
information and shall make reasonable efforts to insure that
each such person sha11 abide by those provisions.
14. Notices .
Any notice required to be given hereunder shall be deemed
9
. ..
..
94 .,,.... 1
. . . 2
94 ""'3
.,;; \J 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
.,'
to have- been given by depositing said notice in the"'ubited
. ~#."
states mail, postage prepaid, and addressed as follows:
. .. r }.
, ..",.~;:t;iifi;";: '. ' "it
...~.. . .', ....;.. ,.' c y:
.~-'~~. -'. .
,~:{ ," ,.,;t?"';sfi'auna ',Clark, city Clerk
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
15. Entire Aareement .
,
"
Consultant:
Ruth Parish
78-650 Avenue 42 '2001
Bermuda Dunes, CA 92201
This contract constitutes the entire Agreement between
city and Consultant and may be modified only by further written
agreement between the parties.
. . .'
.:.i.... w ....... .:., .
, . .~~.l-.lli :1-.. ~. ,_I.' .:.
.',.~rJ:.~~:~r....:..~\...,:.>.~~ ;.
~f . ..~.l{t..,. . :. ".
,".' "h'.e.,., ..'~.,~
'./:'",:,... 'l!4},~ ~.l . ""~~ Alf;..
'4;" :t.".." . ~7.
IN WITNESS WHEREOF, this Agreement has been"execp.te~\by
the parties effective as of the date and year :\'~iJ;S~:~~~~.~~,e
, :.:.f:i'l" :."
-, "l..~!~N;',i,."
...~l..l...",;;l'. .
#.' ....,,,., ',,,,.' 4,,,
. I;':~\'J"~' J.1:"' '. ,0)
. i; ... .
written.
ATTEST:
~/a1:r?/~@;/l
Shauna Clark
city Clerk
,
25
26
27
28
. Approved as to form
and legal content:
.,
es F. Penman
ty Attorney
OS/25/90
10
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of Californi
~Z{~
Ruth Parish