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C(;;Y OF SAN BERNARlOIo -
From:
JAMES ROBBINS
~puty City Administrator/
Administrative Services
REQUC)T FOR COUNCIL AOION
/r/O
Subject: Agreement wi th Carl Eugene Fe lker
for programming services
Dept:
Date:
June 18, 1987
Synopsis of Previous Council action:
Entered into three month non-extendable agreement with Carl Eugene
Felker for programming services April 6, 1987.
Recommended motion:
Adopt resolution.
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(/ Signature
Contact penon: JIM ROBBINS
Supportlnll data auechell':es
Phone:
'i1 ??
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO,)
(ACCT. DESCRIPTION)
Finance:
Council Notel:
75.0212
Agenda Item No.
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STAFF REPORT
Historically, the Data Processing section has had the use of
programmers and system analysts or specific tasks in
cooperation with the software provider. Several months ago,
the opportunity presented itself to work directly with a
programmer. As a result, Mr. Felker entered into agreement
to provide programming services. The agreement was for a
specific term with no continuation clause. The work load
continues and the section has sufficient revenues to pay for
the services.
Mr. Felker has indicated a willingness to continue the
work relationship. staff feels his work is satisfactory and
is an asset to the organization. This agreement provides an
opportunity to further evaluate his work and analyze the need
for a permanent position of this type.
Alternatives to consider:
1. Adopt the resolution authorizing the Mayor to
execute agreement.
2. Direct staff to provide additional information and
return item to next agenda.
3. Defer action to a later date.
6/18/87
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RESOLUTION NO.
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
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9 attached hereto as Exhibit "A" and incorporated herein by
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services for the Data Processing Department, a copy of which is
reference as though fully set forth at length.
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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
meeting thereof, held on
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day of
, 1987, by the
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following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
day
of
, 1987.
Mayor of the City of San Bernardino
Approved as to form
and legal content:
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6/19/87
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AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of
, 1987, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, 300 North nDn Street, San Bernardino,
California, 92418, referred to as nCityn, and CARL EUGENE FELKER,
an individual, 8778 Colorado, Riverside, California, 92503,
referred to as nConsultantn.
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 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 ,
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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
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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. ~olg ~a,~f~~s. 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 Consultant'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.
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IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
CITY OF SAN BERNARDINO
By
Mayor
ATTEST:
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City Clerk
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Approved as to Form
and, Legal Content:
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9 .4.t.v.-, 1 Fey.............
cfEy Attorney
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