HomeMy WebLinkAbout1987-436
II
II
1 II
!I
2 II
t
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
RESOLUTION NO. 87-436
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 BER-
NARDINO 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 incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
II r.1ayo r and Common Council of the City of San Bernardino at a re ul r
'I
II meeting thereof, held on the 21st day
I -
I of December 198 7 by the following vote, to wit:
, ,
AYES:
Council Members Estrada Reill Flores Maudsle
r
Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
r~C/fld~'~/
/' City Clerk
The foregoing resolution is hereby approved this
'J,r) /r1, J.
day
of
/;-'. ~
,; / Q.C ~/'t";^.~/\
, 198;4-.
.. ...... ~)..-
.,-/'>;.t) /'/j
.,/~ / I '.' f J.. /,
/ , -' !.f /./ . v<"
V;VJ~t.{-;{,/1.Z./ (/'.. ~ J ~.(r:>'
. Nayor off the Ci-0 of an Bernardino
Approved as to form and legal content:
d __7 /
,....., . -;/ .,e.-?--z...,......
../'.' ~..,." ,.""~ ,./' v
lefty Attorney
'-,,~';
I:
II
1 I
2 j
II
I
3
4
5 II
6 I
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C{l,~. \0 !JI ,.., Cp
A G R E E MEN T
(Consulting Services)
<',
THIS AGREEMENT is entered into on thi s ':}3,A.{\" day of /fi.,CR/'yr,\I~~'\
, 198 ~ , by and between the CITY OF SAN BERNARDINO, a munici-
pal corporation, hereinafter referred to as "City", and HAROLD A. PARKEY,
hereinafter referred to as "Consultant".
The parties agree as follows:
1. Recitals. City is in need of an individual with knowledge and exper- I
tise of the City's purchasing system to assist in the Senior Buyer capacity
and such other services to help reduce the current extraordinary backlog.
2. General. For and in consideration of th€ compensation and covenants
hereinafter mentioned to be made and performed by Consultant, City retains
Consultant and Consultant agrees to perform services as set forth herein.
3. Duties of Consultant. The Consultant shall perform consulting ser-
vices relating to the Senior Buyer capacity and per the job description con-
ducted by City and such other services deemed necessary by the Purchasing
Agent of the City of San Bernardino.
4. Payment by City. City shall pay consultant for all services to be
rendered under the provisions of this agreement an hourly sum of $13.00 per
hour, for a miximum of 160 hours, for a total sum not to exceed $2,080.00.
5. Term. This agreement shall be effective January 1, 1988, and shall
terminate when the 160 hours have been provided, or at such earlier time as
City may direct.
6. Unilateral Termination. This agreement may be terminated by either
party by giving three (3) days' written notice to the other, and this agree-
men shall terminate forthwith three (3) days following the date said written
notice is given.
7. Amendment. This agreement may be amended or modified only by written
I
i
12/09/87
1 agreement signed by both parties and failure on the part of either party to
2 enforce any provision of this agreement shall not be construed as a waiver of
3 the right to compel enforcement of such provision or provisions, nor act to
4 release any surety from its obligations under this agreement.
5
6 that reason, the responsibilities to be carried out by Consultant under this
8. Assignment. Consultant has qualifications unique to him alone. For
7 agreement shall not be assigned by Consultant without the written consent of
8 City.
9
10 delivered in person or sent by certified mail, postage prepaid, addressed
9. Notices. All notices herein required shall be in writing, and
11 as follows:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
1/
!
I
I
City of San Bernardino
c/o Director of Finance
300 North 11011 Street
San Bernardino, CA. 92418
Harold A. Parkey
850 Bussey St.
San Bernardino, CA. 92405
10. Relationship of Parties. It is understood that the contractual
relationship of the Consultant to the City is that of independent contractor.
!
II
i
I agreement, Consultant shall not be supervised, directed, or under the control
II
II
I,
!I
II
ii
!i
In the performance of personal services pursuant to the provisions of this
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 agree-I
mente
Any direction or control so required under this agreement shall be
limited to broad objectives or goals of the project or program to be accom-
plished and not to the details and procedures to accomplish such objectives
I
!
i
I
II
J:
ii
I.
i!
!i
11
II
I,
tl
"
II
I,
II
II
Ii
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.
12/09/87
_c:::-C__-'-_______ --r-----
1 11. Hold-Harmless Agreement. Consultant hereby agrees to, and shall,
2
hold City, its elective and appointive boards, commissions, officers, agents
3
and employees, harmless from any liability for damage or claims for damage
for personal injury, including death, as well as from claims for property
4
5
damage which may arise from Consultant1s operations under this agreement.
6
Consultant agrees to, and shall, defend City and its elective and appointive
7
boards, commissions, officers, agents and employees from any suits or actions
8
I at law or in equity for damages caused or alleged to have been caused, by
1\ reason of any of the aforesa i d operations.
I IN WITNESS WHEREOF, the parties hereto have executed this agreement on
I
9
10
11
the date first hereinabove written.
12
CITY Of~SAN BERNARDINO
[ --- f' '~~-1
;r<c _- L/ /-
/, , . /;.. I
I .' ,_c' i ,.- ,if I
By (/(~)./1 /fL-V-f-.~1rU:l/ - A /t:.-e<t>//
'MayGt' /
ATTEST:
13
14
15 ~#R$/~~/
City Clerk
16
CONSULTANT
17
18
19
20
I Approved as to form and legal content:
! t1
II ~9?~
I!, /.Y1JY Attorney
t/
Ii
ii
II
II
II
I,
ii
It
Ii
ii
\
I
I
I 12/09/87
I
21
22
23
24
25
26
27
28