HomeMy WebLinkAbout1987-217
,....
1
2
3
4
5
6
7
8
RESOLUTION NO.
87-217
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 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 Carl Eugene Felker to perform programming
services for the Data Processing Department, a copy of which is
9 attached hereto as Exhibit "A" and incorporated herein by
10
11
reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of San
13 Bernardino at a
regular
meeting thereof, held on
14
15
16
17
18
19
20
21
22
23111111
July
the
6th
day of
, 1987, by the
following vote; to wit:
AYES:
Council Members Estrada, Re~lly, Flores,
Minor Miller
None
NAYS:
ABSENT:
Council Members Maudsley, Pope-Ludlam
-
~/?/l,~~~~
/' Ci ty Clerk
I I I I I
I I I I I
I I I I I
I I I I I
24111111
25111111
26111111
27
28
6119187
1
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
The foregoing resolution is hereby approved this
';;J,; I
.' t.^- day
of
Julv
, 1987.
r; ,.~)
\' . "I
''>-- I ,,' f .~
/ ' , / /J/ '. ( / /"
,j, // / / ~
tei A./{..L{ / A~.f.-/ /'" I :Z-. \ --'~)?
Mayor of the City of San Be~fiardino
Approved as to form
and legal content:
t ,1
1 . ~;1
! r~:I~.v -j. I/~~'"l
C,;i:1:y Attorney
( /
,j
6/19/87
2
r
1
2
3
AGREEMENT
T-HIS AGREEMENT is made and entered into this ;<~/4j-' day of
) /)
" I / j
"-#! ~.tj
a municipal corporation, 300 North "D" street, San Bernardino,
, 1987, by and between the CITY OF SAN BERNARDINO,
4
5
California, 92418, referred to as "City", and CARL EUGENE FELKER,
6
7
8
9
10
11
12
an individual, 8778 Colorado, Riverside, 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
13
necessarily limited to, preparing source code in Basic or Cobol
14
as specified by the Data Processing Department, preparing
15
documentation, pseudocode or flowcharts as they may relate to the
16
17
City's main frame, to the computer aided dispatch system or to
the City's microcomputers, and other related programming services
18
which may be required by the Data Processing Department.
19
20
21
22
23
24
25
26
27
28
2. Termination of Agreement. 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 July 1, 1987 and through September 30, 1987.
The term may be extended on a month to month basis for a maximum
of six months.
4. Provision for Payment. Payment to Consultant for
services provided under this agreement shall be at the rate of
1
1 $2,500.00 per month and in no event shall exceed $2,500.00 per
2 month. Consultant shall maintain and file with the Data
3 Processing Department a record of hours expended on assigned
4 projects and the Data Processing Department shall submit a claim
5 or request for payment to the Finance Department every two weeks.
6 Consultant shall provide services for at least 160 hours per
7 month. Notwithstanding the foregoing, Consultant shall devote
8 all hours necessary to the projects assigned by the Data Systems
9 Manager to assure adequate performance hereunder. Consultant
10 shall assume and pay all out-of-pocket expenses and costs of
11 performing services under this agreement and City shall not be
12 liable for such costs and expenses.
13 5. Amendments. This agreement may be amended or modified
14 only by written agreement executed by both parties.
15 6. Assignment. Consultant's rights under this agreement
16 shall not be assigned by Consultant to any other person, firm or
17 corporation without the prior written consent of City.
18 7. Relationship of Parties. Consultant is acting as an
19 independent contractor, and not as an employee of the City. In
20 the performance of personal services pursuant to the provisions
21 of this agreement, Consultant shall not be supervised, directed,
22 or under the control or authority of any City officer or
23 employee, except and to the extent as may be expressly or
24 implicitly required by the terms and provisions of this
25 agreement. Any direction or control so required under this
26 agreement shall be limited to broad objectives or goals of the
27
28
2
1 project or program to be accomplished and not to the details and
2 procedures to accomplish such objectives or goals. Consultant
3 shall not be obligated to conform to the supervision or direction
4 of City officers or employees which are not authorized herein.
5 Changes or modifications of said objectives and goals may be made
6 by written recommendations of either party subject to the
7 concurrence of the other party in writing.
8 8.'~.9)..9_fI?:m!.:~~~. Consultant hereby agrees to, and shall,
9 hold City, its elective and appointive boards, commissions,
10 officers, agents and employees, harmless from any liability for
11 damage or claim for damage for personal injury, including death,
12 as well as from Consultant's operations under this agreement.
13 Consultant agrees to, and shall defend City and its elective and
14 appointive boards, commissions, officers, agents and employees
15 from any suit or actions at law or in equity for damages caused
16 or alleged to have been caused by reason of ,~onsultant's
17 performance hereunder including any claims that may arise against
18 City by reason of Consultant's legal relationship with City being
19 categorized as other than that of an independent contractor.
20 / / / / / / / I I / 1/1
21 / / / / / / / / I 1//
22 / / / / / / I I I I / /
23 / / / / / / / I I I I I
24 / / / / / / / / I I I /
25 / / / / / / / / / / / /
26 / / / / / / 1/1 I I /
27 / / / / / / I I I / / I
28
3
1
2
3
4
5 ATTEST:
4Af'P/7.d4?/~
6 kity Clerk
7
Approved as to Form
8 and,., Legal Content:
. ./} /}
9 i ,4>~ 7 - J/ r::>y~
c,i'by Attorney
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
cr1! Si~ BERiAR6i-~ _/ / /
BYkjA.-C- v~o ~ ~ 'L<>;/
/' Mayorl/'
"
L l"
) J .=.,; ...-/ ;'
'-~( / ~ ~j/:.v{
v Carl Eugene Felker
10 /
\./'
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
~8
4