HomeMy WebLinkAbout1983-409
1"""'"
I
-""-
......,...
-c"i _'_W~'A .~:~~: :-~,",j":::~ ~~_~j
~~t;----.
'""'"7-~~~-
.-:-:77"""';-7----;"-<:>:<>"
", ~.( -~:}f.:_ ...-it:\.c',:_:~~-:~(
;;'__-:C~ ";:
,--~'.-'~. ~':':'
-,,',~__ :~<i>;J"
r
/
. .
.
1
RESOLUTION NO. 83--409
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE WARNER GROUP FOR CONSULTING
3 SERVICES FOR THE CITY'S DATA PROCESSING REQUIREMENTS.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5
6
SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement with the Warner Group for consulting services for the
9 City's data processing requirements, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as
11 fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14
Bernardino at a
reqular
meeting thereof, held on
15
the 5th
day of
December
, 1983, by the following vote,
16 to wit:
17
AYES:
Council Members Castaneda, Reilly, Hl;!rnandez,
18
Marks, 0uiel, Frazier, StribJ~ler
19
NAYS:
None
20
ABSENT:
None
21
..#2?//'?'?&~~
/ City Clerk
22
24
of
Decerrber
, 1983.
t,f1l, day
23
The foregoing resolution is hereby
25
26
Approved as to form:
~!t~~
27
28
^,~-,
~ ',-", >0;-<- ;.~. ,f,,'::".:_".,,_ ~,,t_ C~.,~,~~- .;.... ,_-..- ,';', -:~./l>,<,--,_,~,:"~'f';. _t, '_','", ,./ >.-.' ,_ ~_' ~;e.>.",
~',~;" ,',>'-4,,,,,,-,,.
"f::',<.., _.. .<'/
~"""- ';
.
.' .
1
CITY OF SAN BERNARDINO
2
AGREEMENT FOR PROFESSIONAL SERVICES
3
5
./~AU~-U
THIS AGREEMENT is made and entered into this ~~ day of
4
, 1983, by and between the City of San Bernardino,
6 hereinafter referred to as "City" and The Warner Group, Management
7 Consultants, hereinafter referred to as "Consultant."
8 City and Consultant, for consideration stated herein, agree
9 as follows:
10
1. Statement of Agreement.
11 City hereby engages Consultant, and Consultant hereby
12 accepts such engagement, to perform the services herein described
13 for the compensation herein provided. Consultant hereby assures
14 City that it has the qualifications, experience and facilities to
15 properly perform said services, and hereby agrees to undertake and
16 complete the performance thereof for the compensation herein
17 provided. This is an agreement for management consulting services
18 and does not render Consultant an employee of the City for any
19 purpose whatsoever and Consultant shall at all times retain the
20 status of independent contractor.
21
2. Description of Services.
22
The services to be performed by the Consultant are set
23
forth in that certain "Proposal to Develop an Information Systems
24
Master Plan for City of San Bernardino", dated November 11, 1983,
25
26
the original of which is on file in the Office of the City
Treasurer, the terms of which are incorporated herein as though
set forth in full.
27
28
. . .
. . . . .
^.......; .'"
."',~.:, .",:<:; ,-'~')< '_-'c'''"..: _.....:
..,. .-'~.'
.
.
.
1 3. Compensation.
2 The fee to perform the services described in paragraph 2
3 of this Agreement shall be based on hourly charges as specified in
4 the Proposal and shall not exceed Twenty-Three Thousand Five
5 Hundred Dollars ($23,500). Consultant shall be reimbursed by the
6 City for out-of-pocket expenses for such items as travel, lodging,
7 ,telephone and report reproduction. The total amount of
8 compensation for out-of-pocket expenses to Consultant by City
9 shall not exceed Thirty-Nine Hundred Dollars ($3,900). Consultant
10 shall bill monthly as work progresses.
11 4. Extra Services.
]2 City shall pay Consultant for services and expenses, in
13 addition to the services described in paragraph 2, such amounts as
14 may be approved in advance of performance of such extra services
]5 in writing by the City and the Consultant. The hourly rate to be
16 charged by Consultant for any additional services outside of the
17 services described in paragraph 2 shall be Sixty-Three Dollars
]8 ($63) per hour for any of Consultant's personnel.
]9 5. Prohibition of Assignment.
20 This ~greement is one for professional services and is
21 not assignable by Consultant without the prior written consent of
22 the City.
23 6. Relationship of the Parties.
24 Both parties to this Agreement agree that the
25 relationship of the parties shall be that of Consultant as an
26 independent contractor to the City, and that in no event shall
27 Consultant be considered an officer, agent, servant or employee of
28 the City.
2
~"'-, .I-:',.,:~~; :;~,;.} -^-<)'$,.r~_.v.t ;-';,. -,.,'-:"_.'YK'J:.~"(ft7 '.." ,~,:,-':i'.';>:,
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
", ." ..
'.",-, "i._ ""'L '~ ."
.
" .
,
.
7. Attorneys' Fees.
In the event an action is filed by either party to
enforce rights under this Agreement, the prevailing party shall be
entitled to recover a reasonable attorney's fee in addition to any
other relief granted by the court.
8. Termination by City.
Notwithstanding any other provision of this Agreement,
the City, by notifying Consultant in writing, may terminate any or
all of the services agreed to be performed under this Agreement.
In the event of such termination, Consultant shall have the right
and obligation to immediately assemble work in progress and
forward 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
Consul tanto
9. 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
release to the City, and every employee and agent thereof, from
all claims and liabilities to Consultant to 'anything done or
furnished for or relating to the work or services, or for any act
or neglect of the City relating to or arising out of work and thi
Agreement.
10. 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:
. . . . .
3
"~:-'70, ",,',':~~"K1' ;'}_,~-"0j - ~:',~:--:'-"".;;,'-1-~:;n.(, -. "!{,,~'.
".".-,-';-,
""".,
~ .
1
"City"
'Jf;tt,;;:::"' ,.' '-~'/::';:''!'~~~')~'<'
.i,'i?:""
2
Ms. Shauna Clark
City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
. "
.
3
4
"Consultant"
Mr. Howard J. Goodman
The Warner Group
Management Consultants
5950 Canoga Avenue, Suite 670
Woodland Hills, CA 91367
5 IN WITNESS WHEREOF, this Agreement has been executed by the
6 parties effective as of the date and year first written above.
7 CITY OF SAN BERNARDINO,
Municipal Corporation
8 State of California
20
21
22
23
24
25
26
27
28
ATTEST:
9
10
11
12
13
14
15
Approved as to form:
16
~~tf..",
C1ty torney
17
18
19
THE WARNER GROUP
By
4