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CIT9 OF SAN BIERNARDI~ - RIEQUa9r FOR COUNCIL AcRoN
From:
Michael W. Loehr
Interim Director of Planning
Planning
Subject:
Digitizing Service
Agreement with Kenneth
Dept:
Date:
July 14, 1988
Mayor and council Meeting
August 1, 1988, 2:00 p.m.
Wheeler
~
Synopsis of Previous Council action:
No previous council action.
Recommended motion:
That the Mayor and council adopt a resolution authorizing execution
of an Agreement with Kenneth Wheeler for digitizing services performed
for the Planning Department.
/l11 ~~tJ).leL
Signature Michael W. Loehr
Michael W. Loehr
Phone:
384-5057
Contact person:
FUNDING REQUIREMENTS:
Amount:
Resolution &
Agreemen1:
$12,500
Ward:
Supporting data attached: Staff Report,
Source: (Acct. No.)
001-171-53150
Acct. Descri tion Profession
Finance:
Council Notes:
JM/csj
""6"rI. "6~ tol^~ 8:
CIT9 OF SAN BERNARDI A - REQUeOr FOR COUNCIL ACi.bN
STAFF REPORT
Subject: Digitizing Service
Agreement with Kenneth Wheeler
Mayor and Council Meeting
August l, 1988, 2:00 p.m.
NEED
The City has purchased a Computer Aided Drafting and Mapping
System (CAD/CAM) operating on the Micro VA* II system. The
Planning Department has one terminal accessing the system.
However, in order to utilize the system a mapping database
has to be created for the City's 70,000+ parcels. This
involves a process of digitizing the street and parcel
coordinates into the computer's database.
RESOUR~J1;j)
The Planning Department has budgeted $98,000 for professional
services. This amount includes a contractual Planner I
position. The person who occupied this position was hired as
a permanent Planner I on July la, 1988. This hiring has left
the balance of those monies (about $l2,500) available for
other contracted professional services.
. Kenneth Wheeler has been a General Plan Intern for the
Department for over a year, and has been paid at a rate of
$6/hour. He desires to enter into the field of computerized
mapping and has educated himself in regards to the City's
CAC/CAM mapping system.
The Data Processing Department has located in its offices a
digitizer, a plotter and a CAD/CAM terminal. It is proposed
that Mr. Wheeler be contracted with to start the arduous
process of digitizing the City's streets and parcels into the
database. This service would take place in the Data
Processing Department. This proposal has been reviewed and
approved by Steve Hale.
75.0264
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MAYOR AND COMMON COUNCIL
August l, 1988, 2:00 p.m.
Page 2
REOUEST
It is therefore requested that the City contract with Mr.
Wheeler at a rate of $8/hour for the balance of this budget
year to perform this digitizing service.
Prepared by: John Montgomery, Principal Planner
For Michael W. Loehr, Interim Director of Planning
Attachment: Line Item Budget Detail
csjl7-l8-88
DOC:M&CCAGENDA
KENWHEELER
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RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH KENNETH R. WHEELER TO PERFORM
4 CONSULTING SERVICES FOR THE PLANNING DEPARTMENT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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hereby authorized and directed to execute on behalf of said City
SECTION 1.
The Mayor of the City of San Bernardino is
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an agreement with Kenneth R. Wheeler to perform consulting
services for the Planning Department, a copy of which is attached
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hereto marked Exhibit "A" and incorporated herein by reference as
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fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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wit:
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Bernardino at a
meeting thereof, held on the
, 1988, by the following vote to
day of
Council Members
AYES:
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NAYS:
ABSENT:
City Clerk
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Resolution of the City of San Bernardino Authorizing the
Execution of an Agreement with Kenneth R. Wheeler to Perform
Consu~ting Services For the Planning Department.
The foregoing resolution is hereby approved this
day
6 of
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, 1988.
Mayor of the City of San Bernardino
Approved as to form
and legal content:
<~
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AGREEMENT
THIS AGREEMENT is made and entered into this day of
1988 by and between the CITY OF SAN BERNARDINO, a
municipal corporation, 300 North "0" Street, San Bernardino,
California, referred to as "CITY", and KENNETH R. WHEELER,
referred to as "CONSULTANT".
CITY and CONSULTANT agree as follows:
1. General Description of Work to be Done. CITY retains
CONSULTANT to perform planning services for the Planning
Commission and the Planning Department. Such planning services
shall include, but are not necessarily limited to, preparing maps
on the CITY'S computer aided mapping system, demographic and land
use calculations, coordination of such planning services with
various CITY departments, including the Data Processing
Department, and performance of related planning services which
may be required by the Planning Department.
2. Termination of Agreement. Either party may terminate
this agreement without cause and for any reason by giving fifteen
days advance written notice of termination to the other party.
3. Term. The term of this agreement is for a period of
eleven and one-half (11-1/2) months. This agreement shall
commence on July 19, 1988 and terminate on June 30, 1989.
4. Provision for Payment. Payment to CONSULTANT for
services provided under this agreement shall be at the rate of
Eight Dollars ($8.00) per hour and in no event shall exceed $8.00
per hour. CONSULTANT shall maintain and file with the Planning
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July 19, 1988
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Department a record of hours expended on assigned projects and
the Planning Department shall submit a claim or request for
payment to the Finance Department every two weeks. The parties
estimate that the services hereunder will require at least eighty
(80) hours per month. Notwithstanding the foregoing, CONSULTANT
shall devote all hours necessary to the projects assigned by the
Planning Director to insure adequate performance hereunder.
CONSULTANT shall assume and pay all out-of-pocket expenses and
costs of performing services under this agreement and CITY shall
not be liable for such costs and expenses.
5. Taxes. CITY shall withhold Social Security, Federal
and State income taxes from CONSULTANT'S pay.
6. Amendments. This agreement may be amended or modified
only by written agreement signed by both parties.
7. Assignment. 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 CITY.
8. Attorney's Fees. In the event that an action is filed
by either party to enforce rights under this agreement, the
prevailing party shall be entitled to recover reasonable
attorney's fees in addition to any other relief granted by the
court.
9. Acknowledgment.
(a) 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
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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.
(b) In the event that any work performed under this
agreement is or becomes the subj ect 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 of the rights and remedies available to
CITY under the law as a result of such patent applications,
patents, copyrights, or other rights.
10. Confidentiality and Non-Disclosure.
(a) 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. CONSULTANT agrees to hold in confidence 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
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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 Planning Director, 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,
manuals, letters, notes, notebooks, reports, flow-charts,
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
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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
8 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.
11.
Entire Agreement.
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 the parties have executed this agreement
on the day and year first above written.
CITY OF SAN BERNARDINO
Evlyn Wilcox, Mayor of the City
of San Bernardino
ATTEST:
Shauna Clark
Kenneth R. Wheeler
Approved as to FOrm and
Le a1 Content:
)
/
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HE:ms 5
July 19, 1988