HomeMy WebLinkAbout24-MIS
'CITY ~F SAN BE..QARDINO - REQUESTQOR COUNCIL ACTION
From: Janis Ingels
Director of M.I.S.
Dept: City Administrator/M.I.S.
Date: June 9, 1992
Subject: Resolution authorizing execution of
agreement with Ruth Parish for the
provision of Geographic Infoomation
Systems consulting services.
Synopsis of Previous Council action:
Resolution No. 90-205 for 90/91 fiscal year provided the initial contracting
with Ms. Parish and was adopted.
Resolution No. 91-215 for 91/92 fiscal year provided a first amendment to
the agreement with Ms. Parish, extending the agreement for one year and was
adopted.
Recommended motion:
Adopt Resolution.
Signature
Contact person: Janis Ingels
Phone: 5010
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount: S52.0oo 00
Source: (Acct. No.)
679-103-53150
(Acct. Description)
Profess; on,,] ~""] Cj '-I "i '>
Finance: O~
Council Notes:
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CITY OF SAN BERaRDINO -
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REQUEST \..OR COUNCIL ACTION
STAFF REPORT
This second amendment to the agreement with Ruth Parish extends the
term of the agreement for one year, from July 1, 1992 to June 30,
1993.
Tremendous progress has been realized in the last 12 months in the
utilization of GIS to enhance the functionality of the City's major
operations. Many projects are currently in process and moving
forward such as entry of addressing/parcel data, entry of EDA
project areas, the City's water system, and the land use plan.
In less than
advantage of
efficiency and
ideal economic times, it is
high level technology like
productivity.
imperative to take
GIS to accentuate
It is recommended that this amendment be approved.
75.0264
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RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH RUTH PARISH
4 TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION
SYSTEMS DEPARTMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL FOR THE CITY OF
SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the city of San Bernardino is hereby
9 authorized and directed to execute on behalf of said City a second
10 amendment to the agreement with Ruth Parish to perform consulting
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services for the M.I.S. Department, a copy of which is attached
hereto marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
SECTION 2.
The authorization to execute the above referenced
amendment is rescinded if the parties to the amendment fail to
execute it within sixty (60) days of the passage of this
resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an
meeting thereof, held on the
day of
, 1992, by the following vote to
wit:
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RESOLUTION OFl""f, CITY OF SAN BERNARDINO AUTHc1'1-rNG THE EXECUTION OF A
SECOND AMENDMht TO THE AGREEMENT WITH RUTH P~ TO PERFORM CONSULTING
SERVICES FOR THE MANAGEMENT INFORMATION SYSTEMS DEPARTMENT.
1 COUNCIL MEMBERS
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ABSTAIN
AYES
NAYS
ESTRADA
REILLY
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HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
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MILLER
CITY CLERK
The foregoing resolution is hereby approved this
, 1992.
W.R. HOLCOMB, MAYOR
city of San Bernardino
19 Approved as to form
and legal content:
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JAMES F. PENMAN
21 City Attorney
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23 By:
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is made and entered
into this day of , 1992, by and between the
City of San Bernardino, a municipal corporation, 300 North "D"
street, San Bernardino, California 92418, (herein referred to as
"city"), and Ruth Parish, 15597 willow Drive, Fontana,
California 92335 (herein referred to as "Consultant").
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17 The Parties hereto agree as follows:
RECITALS
A. City and Ruth Parish are entering into this Second
Amendment to Agreement to amend the terms of their original em-
ployment agreement entered into on June 8, 1990 as adopted by
the Mayor and Council by Resolution No. 90-205 on June 5, 1990.
Said agreement and resolution are attached hereto as Exhibit A
and B respectively and incorporated herein by reference.
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21 SECTION 2. Term.
22 The term of this agreement shall commence July 1, 1992,
23 and end June 30, 1993. This agreement may be extended on a
24 month-to-month basis for a maximum of twelve (12) additional
25 months upon the express written consent of Consultant to such
26 extension and the approval thereof by the city Administrator.
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1. The terms of the original agreement are to be amend-
ed as follows:
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SECTION 3. PaYment and provision for Pavment.
A. Maximum Compensation
(1) Maximum total compensation to be paid under this
agreement shall be Fifty-two Thousand dollars ($52,000).
Payment to Consultant for services provided under this
amendment shall be at the rate of $25.00 per hour, and in no
event shall exceed $4,334 within any calendar month.
(2) Consultant shall provide a minimum of 130 hours
of service per calendar month with the exception of the month of
November 1992 wherein the Consultant will take a vacation and
shall provide a minimum of 100 hours of service.
B. Manner of compensation
(1) Consultant shall maintain and file with the M.I.S.
Department a record of all hours worked on assigned projects. Said
projects shall be listed by work order is such listing is requested
by the Director of M.I.S.
(2) The Director shall submit a claim or request for
payment based on such record to the Finance Department in such
manner that Consultant shall be paid bi-weekly.
(3) Consultant shall assume and pay all out-of-pocket
expenses and costs of performing services under this amendment
except as otherwise specifically provided herein, and City shall
24 not be liable for any such costs and expenses.
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modifications are to be made in writing.
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2.
The remaining terms of the original agreement are to
remain in full force and effect.
Any further amendments or
6/26/92
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RE: SECOND AMENDMENT TO AGREEMENT WITH RUTH PARISH
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1 Executed this day of
2 San Bernardino, California.
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5 ATTEST:
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8 Rachel Krasney
City Clerk
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c.~':-?o-<...
mes F. Penman
ty Attorney
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, 1992, at
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
W.R. Holcomb, Mayor
City of San Bernardino
Ruth Parish
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RESOLUTION NO.
qn_?nc;,
RESOLUTION OF THE CITY OF SAN BERNARDINO UTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RUTH PARISH TO PERFORM CONSULTING
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 Ruth Parish to perform consulting services for
the Data Processing Department, a copy of which is attached
hereto marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
SECTION 2. The authorization to execute the above-
referenced agreement is
rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
meeting thereof, held on the
Bernardino at an reaular
4th day of June
wit:
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EXHIBIT "A"
, 1990, by the following vote to
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':'I.L.:IVld.J l ..:..ui.\j ur .d1l::. \......1. J.. 1 U.r .::.A0< D.r..rU..,ARDi.:--JO AUTHORIZING THE
EXECUTION ~F AN AGREEMENT WITH RUTH PARISH TO PERFORM
CONSULTIM 3ERVICES FOR THE DATA PRO, SING DEPARTMENT.
COUNCIL MEMBERS
AYES
ESTRADA
REILLY X
FLORES X
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MAUDSLEY X
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MINOR X
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POPE-LUDLAM X
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MILLER
NAYS
ABSTAIN
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CITY CLERK
The foregoing resolution is hereby approved this
::- tlv day of June
, 1990.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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By:
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/ . "A
W. R. HOLCOMB, ~YOR
City of San Bernardino
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2 AGREEMENT
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9 "city"), and Ruth Parish, 78-650 Avenue 42, #2001 Bermuda Dunes,
10 California 92201 (herein referred to as "consultant").
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13 City and Consultant agree as follows:
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16 1. General Description of Work to be Done.
17 City hereby engages Consultant, and Consultant hereby
18 accepts such engagement, to perform the services herein
19 described for the compensation herein provided. Consultant
20 hereby assures and convenants to City that she has the
21 qualifications, experience and facilities to properly perform
22 said services, and hereby agrees to undertake and complete the
23 performance thereof for the compensation herein provided.
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THIS AGREEMEl'l't is made and entered into this
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ctL day of , 1990, by and between the City
of San Bernardino,ija municipal corporation, 300 North "Oil
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Street, San Bernardino, California 92418, (herein referred to as
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2. \. ~rm . "'
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The term of this agreement shall commence July 2, 1990,
and end June 30, 1991. This agreement may be extended on a
month-to-month basis for a maximum of twelve (12) additional
months upon the express written consent of Consultant to such
extension and the approval thereof by the City Administrator.
3. Pavrnent and provision for Pavrnent .
A. Maximum Compensation
(1) Maximum total compensation to be paid under
this agreement shall be Forty-eight Thousand Two Hundred dollars
($48,200) .
Payment to Consultant for services provided under this
agreement shall be at the rate of $24.32 per hour, and in no
event shall exceed $4,215 within any calendar month.
(2) Consultant shall provide a minimum of 130
hours of service per calendar month.
B. Manner of Compensation
(1) Consultant shall maintain and file with the
Data Processing Department a record of all hours worked on
assigned projects. Said projects shall be listed by work order
if such listing is requested by the Data Systems Manager.
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or request for
The Data Systems
M~ger shall submit a claim
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such record to the Finance
payment based on
Department in such manner that Consultant shall be paid
bi-weekly.
(3) Consultant shall assume and pay all out-of-
pocket expenses and costs of performing services under this
agreement except as otherwise specifically provided herein, and
City shall not be liable for any such costs and expenses.
4. General Descriotion of Work to be Done.
City
retains
perform
Consultant
to
hereby
coordinating/programming, and training services as follows:
(a)
Act
as technical advisor/administrator for
providing advice and guidance on: All projects being considered
for
software and
hardware capabilities; creating,
CADD;
implementing, and aUditing computer applications.
(b) Evaluate, study, and analyze city's needs with
respect to what technical applications are needed to ensure both
a cost effective and efficient CADD system.
(c) writes documentation, procedures, and provides
hands on training for city personnel.
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\-ftl Acts as prime ic:irface between computer
vendors, consultants, outside agencies, and city for technical
consultations with respect to CADD.
(el Also acts as interface between data processing
and all other city departments with respect to CADD.
5. Amendments
This agreement may be amended or modified only by written
agreement executed by both parties.
6. Assianment.
Consultant's rights under this agreement shall not be
assigned by Consultant to any other person, firm or corporation
without the prior written consent of the City.
7. RelationshiD of Parties.
Consultant is acting as an independent contractor, and
not as an employee of the City. 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
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control ~equired under this agre~nt shall be limited to
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broad objectives or goals of the project or program to be
accomplished and not to the details and procedures to accomplish
such objectives or goals. Consultant shall not be obligated to
conform to the supervision or direction of City officers or
employees
which are not authorized
or
herein.
Changes
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.
8. Hold Harmless.
Consultant hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers, agents
and employees, harmless from any liability for damage or claim
for damage for personal injury, including death, as well as from
Consultant's operations under this agreement. Consultant agrees
to, and shall defend city and its elective and appointive
boards, commissions, officers, agents and employees from any
suit or actions at law or in equity for damages caused or
alleged to
have
been caused by
reason of Consultant's
performance hereunder including any claims that may arise
against City by reason of Consultant's legal relationship with
city being categorized as other than that of an independent
contractor.
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9. C.ttornev' s Fees .
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In the event an action is filed by either party to
enforce rights under this Agreement, the prevailing party shall
be entitled to recover reasonable attorney's fee in addition to
any other relief granted by the court.
10. Termination bv city .
Notwithstanding any other provision of this Agreement,
the City, by notifying Consultant in writing, may terminate all
or a portion of the services agreed to be performed under this
Agreement with or without cause. Consultant shall be given five
(5) days' written notice for failure of Consultant to perform
obligations under the contract in a satisfactory manner, and
thirty (30) days' written notice if termination is for other
reasons. Notice shall be mail posted to the address set forth
herein for the receipt of notices. In the event of any
termination, Consultant shall have the right and obligation to
immediately assemble work in progress and forward same 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 Consultant.
11. 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
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release t<:)he City, and every
all claims and liabilities to
employ~ and agent thereof, from
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Consultant for anything done or
furnished for or relating to the work or services, or for any
act or failure to act of the city relating to or arising out of
work and this Agreement.
12. Acknowledaement .
(al Consultant acknowledges and agrees that City is the
sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the operations
of City, any products or information resulting, in whole or in
part, from the work performed under this agreement, and all
products or information derived or to be derived from said work,
regardless of whether City's or Consultant's work is subject to
patent, copyright, or other protection.
(bl In the event that any work performed under this
agreement is or becomes the subject of a patent application,
patent, copyright, or other rights under the laws of the United
states or any other country, Consultant agrees and understands
that City shall have all the right~ and remedies available to
City under the law as a result of such patent applications,
patents copyrights, or other rights.
13. Confidentialitv and Non-Disclosure.
(al Consultant acknowledges that during the Consultation,
Consultant has had and/or shall have access to and has become
and/or shall or may become aware of secret information.
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consultan~grees to hold in con::lence all such secret
information disclosed to Consultant or developed by Consultant
in connection with the work performed under this agreement,
either in writing, verbally, or as a result of the Consultation
except:
(1) Information which, at the time of disclosure, is
in the public domain or which, after disclosure, becomes part of
the public domain by publication or otherwise through no action
or fault of Consultant; or
(2) Information which Consultant can show is in its
possession at the time of disclosure and was not acquired,
directly or indirectly, from city;
(3) Information which was received by Consultant from
a third party having
the legal right to transmit
that
information.
(b) Consultant shall not, without the written permission
of the Data Systems Manager, use the secret information, which
Consultant is obligated hereunder to maintain in confidence, for
any reason other than to enable Consultant to properly and
completely perform under this agreement.
(c) Consultant shall not reproduce or make copies of the
secret information or Consultant's output, except as required in
the performance of this agreement.
Upon termination of the
agreement for any reason whatsoever, Consultant shall promptly
deliver to City all correspondence, drawings,
blueprints,
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manuals, I...,.jters, notes, notebooks- reports, flow-charts,
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programs, proposals, or documents concerning city.
(d) Except as may be required for performance of this
agreement, Consultant shall not, during or at any time
subsequent to this agreement, unless city has given prior
written consent, disclose or use the secret information or
engage in or refrain from any action, where such action or
inaction may result (1) in the unauthorized disclosure of any or
all such secrets to any person or entity; or (2) in the
infringement of any or all such rights.
(e) Consultant shall immediately notify City of any
information which comes to Consultant's attention which does or
might indicate that there has been any loss of confidentiality
of such secrets or breach of such rights.
(f) Consultant shall limit the disclosure of the secret
information to those persons in Consultant's organization or the
City, who have a need to know all or part of the secret
information. Consultant shall make such disclosure to each such
person limited to that portion of the secret information that
that person needs to know. Consultant shall inform each such
person of the provisions of this agreement regarding secret
information and shall make reasonable efforts to insure that
each such person shall abide by those provisions.
14. Notices .
Any notice.required to be given hereunder shall be deemed
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to
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have I.....,ftn
given by depositing .,....d
notice in the United
states mail, postage prepaid, and addressed as follows:
City:
Shauna Clark, City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Consultant:
Ruth Parish
78-650 Avenue 42 #200l
Bermuda Dunes, CA 92201
15. Entire Aareement .
This contract constitutes the entire Agreement between
city and Consultant and may be modified only by further written
agreement between the parties.
IN WITNESS WHEREOF, this Agreement has been executed by
the parties effective as of the date and year first above
written.
ATTEST:
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Shauna Clark
City Clerk
Approved as to form
and legal content:
/; -;2 . /'~,__
j ~ .' r ---.........
mes F. Penman
,city Attorney
OS/25/90
CITY OF SAN BERNARDINO, a
Municipal Corporation of
State of California
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W. R. Holcomb, Mayor
City of San Bernardino
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Ruth Parish
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