HomeMy WebLinkAbout1987-108
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RESOLUTION NO. 87-108
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH CARL EUGENE FELKER TO PERFORM
PROGRAMMING SERVICES FOR THE DATA PROCESSING DEPARTMENT.
BE IT RESOLVED BY THE ~~YOR 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 Carl Eugene Felker to perform programming
services for the Data Processing Department, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by
reference as though fully 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
rp.glllrlr
meeting thereof, held on the
day of
~pr i 1
, 1987, by the following vote, to
6th
wit:
AYES:
Council Members Estrada, Reilly, Flores.
Maudsley, Quiel, Frazier
None
NAY S :
Council Member Strickler
ABSENT:
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./ City Clerk
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I
The foregoing resolution/is hereby approved this
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l,",<",;",,;-_,~;
day
April
1987.
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\' / ' J \,/ <'/ / J' /1 \,' .- "LY
1', I' " . 'v ''-'/,~ / " , l. . If" ,t: /
Mayor of the City of San Bernardino
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Approved as to form:
fi~N~~q
City..; torney
3/25/87
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AGREEMENT
C;e~
THIS AGREEMENT is made and entered into this
day
../' A
(fiJu. ;/
I
of
, 1987, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, 300 North "D" Street, San
Bernardino, California, 92418, referred to as "City", and CARL
EUGENE FELKER, an individual, 8778 Colorado, Riverside,
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California, 92503, referred to as "Consultant".
City and Consultant agree as follows:
1. General Description of Work to be Done. City hereby
retains Consultant to perform programming services for and in
accordance with guidelines established by the Data Processing
Department.
Such programming services shall include, but are not
necessarily limited to, preparing source code in Basic or Cobol
as specified by the Data Processing Department, preparing
documentation, pseudocode or flowcharts as they may relate to the
City's main frame, to the computer aided dispatch system or to
the City's microcomputers, and other related programming services
which may be required by the Data Processing Department.
2. Termination of Aqreement. Either party may terminate
without cause and for any reason this agreement by giving fifteen
days advance written notice of termination to the other party.
3. Term. The term of this agreement is for three (3)
months, commencing April 7, 1987 and terminating June 30, 1987.
4. Provision for Payment. Payment to Consultant for
services provided under this agreement shall be at the rate of
$2,500.00 per month and in no event shall exceed $2,500.00 per
month. Consultant shall maintain and file with the Data
3/25/87
1 Processing Department a record of hours expended on assigned
2 projects and the Data Processing Department shall submit a claim
3 or request for payment to the Finance Department every two weeks.
4 The parties estimate that the services hereunder will require at
5 least 160 hours per month. Notwithstanding the foregoing,
6 Consultant shall devote all hours necessary to the projects
7 assigned by the Data Systems Manager to assure adequate
8 performance hereunder. Consultant shall assume and pay all out-
9 of-pocket expenses and costs of performing services under this
10 agreement and City shall not be liable for such costs and
11 expenses.
12 5. Amendments. This agreement may be amended or modified
13 only by written agreement executed by both parties.
14 6. Assignment. Consultant's rights under this agreement
15 shall not be assigned by Consultant to any other person, firm or
16 corporation without the prior written consent of City.
17 7. Relationship of Parties. Consultant is acting as
18 independent contractor, and not as an employee of the City. In
19 the performance of personal services pursuant to the provisions
20 of this agreement, Consultant shall not be supervised, directed,
21 or under the control or authority of any City officer or
22 employee, except and to the extent as may be expressly or
23 implicitly required by the terms and provisions of this
24 agreement. Any direction or control so required under this
25 agreement shall be limited to broad objectives or goals of the
26 project or program to be accomplished and not to the details and
27 procedures to accomplish such objectives or goals. Consultant
28 shall not be obligated to conform to the supervision or direction
3/25/87
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1 of City officers or employees which are not authorized herein.
2 Changes or modifications of said objectives and goals may be made
3 by written recommendations of either party subject to the
4 concurrence of the other party in writing.
5 8. Hold Harmless. Consultant hereby agrees to, and shall,
6 hold City, its elective and appointive boards, commissions,
7 officers, agents and employees, harmless from any liability for
8 damage or claim for damage for personal injury, including death,
9 as well as from Consultant's operations under this agreement.
10 Consultant agrees to, and shall defend City and its elective and
11 appointive boards, commissions, officers, agents and employees
12 from any suits or actions at law or in equity for damages caused
13 or alleged to have been caused by reason of Consultant's
14 performance hereunder including any claims that may arise against
15 City by reason of Consultant's legal relationship with City being
16 categorized as other than that of an independent contractor.
17 IN WITNESS WHEREOF, the parties have executed this agreement
18 on the day and year first above written.
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ATTEST:
CITY OF SAN BERNARDINO
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By ;:;':> A ({//<-,t< /-~i (~U/L,C.eAt /~
Mayor
~~~
e1ty Clerk
CONSULTANT
By dtf ft~
Carl ugene'Felker
Approved as to form:
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t:(~ j/p~2
Clty A:ttorney
3/25/87
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