HomeMy WebLinkAbout1988-076
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RESOLUTION NO. 88-76
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH HAROLD A. PARKEY RELATING TO
CONSULTING SERVICES.
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
hereby authorized and directed to execute on behalf of said City
an Agreement with Harold A. Parkey relating to consulting services,
a copy of which is attached hereto, marked Exhibit "A" and in-
corporated 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
reqular
meeting thereof, held on the 7th
March
, 198~, by the following vote, to wit:
day of
AYES:
Council Members
Estrada. Flores. Malldslp.y
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23 of
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Minor. Miller
NAYS:
None
ABSENT:
Council M~mh~rs Reilly, PnpA-T,l1rll~m
~;d~~1
/ City Clerk
The foregoing resolution is hereby approved this ?tL- day
198
March
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Approved as form and legal content:
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1 A G R E E MEN T
2 (Consulting Services)
3 THIS AGREEMENT is entered into on this /~-~~day of
4 /ntuel- , 198j[, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter referred to as "City", and
6 HAROLD A. PARKEY, hereinafter referred to as "Consultant."
7 The parties agree as follows:
8 1. Recitals. City is in need of an individual with know-
9 ledge and expertise of the City's purchasing system to assist in
10 the Senior Buyer capacity and such other services to help reduce
11 the current extraordinary. backlog.
12 2. General. For and in consideration of the compensation
13 and covenants hereinafter mentioned to be made and performed by
14 Consultant, City retains Consultant and Consultant agrees to
15 perform services as set forth herein.
16 3. Duties of Consultant. The Consultant shall perform con-
17 suIting services relating to the Senior Buyer capacity and per the:
I
18 job description conducted by City and such other services deemed
19 necessary by the Purchasing Agent of the City of San Bernardino.
20 4. Payment by City. City shall pay consultant for all ser-
21 vices to be rendered under the provisions of this agreement an
22. hourly sum of $13.00 per hour, for a maximum of 192 hours, for a
23 ,total sum not to exceed $2,496.00.
24 5. Term. This agreement shall be effective March?, 1988
25 ,and shall terminate when the 192 hours have been 9rovided, or at
26 such earlier time as City may direct.
27 6. Unilateral Termination. This agreement may be terminated:
,
28 by either party by giving three (3) days' written notice to the
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1 other, and this agreement shall terminate forthwith three (3) days
2 following the date said written notice is given.
3 7. Amendment. This agreement may be amended or modified
4 only by written agreement signed by both parties and failure on
5 the part of either party to enforce any provision of this agree-
6 ment shall not be construed as a waiver of the right to compel
7 enforcement of such provision or provisions, nor act to release
8 any surety from its obligations under this agreement.
9 8. Assiqnment. Consultant has qualifications unique to him
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alone. For that reason, the responsibilities to be carried out by
Consultant under this agreement shall not be assigned by Consult-
ant without the written consent of City.
9. Notices. All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage prepaid
addressed as follows:
City of San Bernardino
c/o Director of Finance
300 North "0" Street
San Bernardino, CA. 92418
Harold A. Parkey
850 Bussey Street
San Bernardino, CA. 92405
10. Relationship of Parties. It is understood that the con-
tractual relationship of the Consultant to the City is that of
independent contractor. 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 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 obj~ctives or goals. Consultant
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2-17-88
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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 con-
currence of the other party in writing.
11. Hold-Harmless Agreement. Consultant hereby agrees to,
and shall, hold City, its elective and appointive boards, com-
missions, 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 agreementi
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 any of the aforesaid,
operations.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
CITY OF SAN. BERNARDINO
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BY', .~r~ ~
. ~1ayor
~n:1~4b
'City Clerk
CONSULTANT
JYo/~~/ o(:;Jj~
HAROL A. PARREY
Approved as to form and legal content:
y-/~
y Attorney
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