HomeMy WebLinkAbout1990-205
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RESOLUTION NO. qO ?O'i
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
4 EXECUTION OF AN AGREEMENT WITH RUTH PARISH TO PERFORM CONSULTING
SERVICES FOR THE DATA PROCESSING DEPARTMENT.
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6 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
9 hereby authorized and directed to execute on behalf of said City
10 an agreement with Ruth Parish to perform consulting services for
11 the Data Processing Department, a copy of which is attached
12 hereto marked Exhibit "A" and incorporated herein by reference
13 as fully as though set forth at length.
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SECTION 2. The authorization to execute the above-
referenced agreement is
rescinded if the
parties
to the
agreement fail to execute it within sixty
(60) days
of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
23 adopted by the Mayor and Common Council of the city of San
Bernardino at an
reqular
meeting thereof, held on the
4th day of
June
, 1990, by the following vote to
wit:
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,RESOLV.TION .OF THE CITY OF SAN BERNARDINO AUTHORIZI_NG' THE
EXECUTION OF AN AGREEMENT WITH RUTH PARISH TO PERFORM .
CONSULTING SERVICES FOR THE DATA PROCESSING DEPARTMENT.
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COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY x
FLORES X
MAUDSLEY X
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MINOR X
POPE-LUDLAM X
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MILLER
~ff~~H/
CITY CLERK
The foregoing resolution is hereby approved this
.::.r tlv day of
June
1990.
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Approved as to form
22 and legal content:
23 JAMES F. PENMAN
City Attorney
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By:
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OS/25/90
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A G R E E MEN T
THIS is made and entered into this
ElL day of 1990, by and between the City
of San Bernardino, municipal corporation, 300 North "011
Street, San Bernardino, California 92418, (herein referred to as
"City"), and Ruth Parish, 78-650 Avenue 42, #2001 Bermuda Dunes,
California 92201 (herein referred to as "Consultant").
city and Consultant agree as follows:
1. General Description of Work to be Done.
city hereby engages Consultant, and Consultant hereby
accepts such engagement, to perform the services herein
described for the compensation herein provided. Consultant
hereby assures and convenants to City that she has the
qualifications, experience and facilities to properly perform
said services, and hereby agrees to undertake and complete the
performance thereof for the compensation herein provided.
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2. Term
The term of this agreement shall commence July 2, 1990,
and end June 30, 1991. 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.
3. Payment and provision for Pavment
A. Maximum Compensation
(1) Maximum total compensation to be paid under
this agreement shall be Forty-eight Thousand Two Hundred dollars
($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 provide a minimum of 130
hours of service per calendar month.
B. Manner of Compensation
(1) Consultant shall maintain and file with the
Data Processing Department a record of all hours worked on
assigned projects. said projects shall be listed by work order
if such listing is requested by the Data Systems Manager.
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(2) The Data Systems Manager 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
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.
City hereby retains Consultant to perform
coordinating/programming, and training services as follows:
(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.
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(d) Acts as prime interface between
vendors, consultants, outside agencies, and city for
consultations with respect to CADD.
computer
technical
(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. Assianment.
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 the city.
7. Relationship of Parties.
Consultant is acting as an independent contractor, and
not as an employee of the City. In the performance of personal
services pursuant to the provisions of this agreement,
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
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control so required under this agreement shall be limited to
broad objectives or goals of the project or program to be
accomplished and not to the details and procedures to accomplish
such objectives or goals. Consultant shall not be obligated to
conform to the supervision or direction of city officers or
employees which are not authorized herein. Changes or
modifications of said objectives and goals may be made by
written recommendations of either party subject to the
concurrence of the other party in writing.
8. 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 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.
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9. Attornev's Fees.
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In the event an action is filed by either party to
enforce rights under this Agreement, the prevailing party shall
be entitled to 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 perform
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
following submission of final statement by the Consultant.
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
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release to the City, and every employee and agent thereof, from
all claims and liabilities to Consultant for anything done or
furnished for or relating to the work or services, or for any
act or failure to act of the city relating to or arising out of
work and this Agreement.
12. Acknowledqement .
(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 operations
of city, any products or information resulting, in whole or in
part, from the work performed under this agreement, and all
products or information derived or to be derived from said work,
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. Confidentialitv 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.
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Consultant agrees to hold in confidence all such secret
information disclosed to Consultant or developed by Consultant
in connection with the work performed under this agreement,
either in writing, verbally, or as a result of the Consultation
except:
(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
(2) Information which Consultant can show is in its
possession at the time of disclosure and was not acquired,
directly or indirectly, from city;
(3) Information which was received by Consultant from
a third party having the legal right to transmit that
information.
(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) Consultant 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
agreement for any reason whatsoever, Consultant shall promptly
deliver to City all correspondence, drawings, blueprints,
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manuals, letters, notes, notebooks, reports, flow-charts,
programs, proposals, or documents concerning city.
(d) Except as may be required for performance of this
agreement, Consultant shall not, during or at any time
subsequent to this agreement, unless City has given prior
written consent, disclose or use the secret information or
engage in or refrain from any action, where such action or
inaction may result (1) in the unauthorized disclosure of any or
all such secrets to any person or entity; or (2) in the
infringement of any or all such rights.
(e) Consultant shall immediately notify City of any
information which comes to Consultant's attention which does or
might indicate that there has been any loss of confidentiality
of such secrets or breach of such rights.
(f) Consultant shall limit the disclosure of the secret
information to those persons in Consultant's organization or the
city, who have a need to know all or part of the secret
information. Consultant shall make such disclosure to each such
person limited to that portion of the secret information that
that person needs to know. Consultant shall inform each such
person of the provisions of this agreement regarding secret
information and shall make reasonable efforts to insure that
each such person shall abide by those provisions.
14. Notices.
Any notice required to be given hereunder shall be deemed
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to have been given by depositing said notice in the United
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states mail, postage prepaid, and addressed as follows:
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city:
Shauna Clark, city Clerk
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
15. Entire Aqreement .
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.
IN WITNESS WHEREOF, this Agreement has been executed by
written.
the parties effective as of the date and year first above
18 ATTEST:
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Sfiauna Clark
21 City Clerk
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Approved as to form
26 and legal content:
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28 mes F. Penman
l ity Attorney
OS/25/90
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of califor9ia
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uth Parish
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