HomeMy WebLinkAbout48- Purchasing CIT a OF SAN BERNARDIL_J — REQUE T FOR COUNCIL AC: N
From: Dean Meech, Purchasing AgeWD.-AD11114. ',''subject: Agreement With Harold A. Parkey
Dept: Department of Purchasing
Date' February 16, 1988
Synopsis of Previous Council action:
RESOLUTION 87-436
AUTHORIZING TEMPORARY ASSISTANCE
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Recommended motion:
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ADOPT RESOLUTION EXTENDING SERVICE
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Contact person: Dean Meech Phone: 124-5085
Supporting data attached: See Resolution Ward: N/A
FUNDING REQUIREMENTS: Amount: 12.496.00
Source: (ACCT. NO.) 001-122-53150
(ACCT. DESCRIPTION) prufpssinnalyfnntract SPrvicP
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Finance: )J
Council Notes:
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CITY OF SAN BERNARD140 - REQUEST FOR COUNCIL AC1"I6N
STAFF REPORT
On December 9, 1987 this department requested temporary assistance of the retiring
Senior Buyer, Mr. Harold Parkey.
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Council Action was submitted and Council approved Mr. Parkey' s service for 160
hours. Resolution 87-436.
The 160 hours have been used up. A replacement is not yet on board. This Council
Action Request is for an extension of Mr. Parkey' s service for an, additional 192
hours.
Council please note this is purchasing' s most active time of the year. Preparing
all formal bid requirements for the coming year along with preparation of over
300 upcoming orders plus the year end closing of all departments from year
purchase requirements.
The temporary assistance is not only needed for level of service 'but would be most
appreciated in helping purchasing reaching its required objectives.
Dean R. Meech, Purcha ing Agent
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75.0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH HAROLD A. PARKEY RELATING TO
3 CONSULTING SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. The Mayor of the City of San Bernardino is
6 hereby authorized and directed to execute on behalf of said City
7 an Agreement with Harold A. Parkey relating to (consulting services ,
8 a copy of which is attached hereto, marked Exhibit "A" and in-
9 corporated herein by reference as fully as though set forth at
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length.
it 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 the _
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day of 198_, by the following vote , to wit:
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AYES: Council Members
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NAYS:
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ABSENT:
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21 City Clerk
22 The foregoing resolution is hereby approve this day
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23 of 19�_
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25 Mayor of the City of San Bernardino
26 Approved as form and legal content:
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,,C.Yty Attorney
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1 A G R E E M E N T
2 (.Consulting Services)
3 THIS AGREEMENT is entered into on this day of
4 , 198 , by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter referred to as "City" , and
6 HAROLD A. PARKEY, hereinafter referred to as "Consultant. "
7 The parties agree as follows :
8 1 . Recitals. City is in need of an individual with know-
9 ledge and expertise of the City' s purchasing system to assist in
10 the Senior Buyer capacity and such other services to help reduce
11 the current extraordinary . backlog.
12 2 . General . For and in consideration of the compensation
13 and covenants hereinafter mentioned to be made and performed by
14 Consultant, City retains Consultant and Consultant agrees to
15 perform services as set forth herein.
16 3 . Duties of Consultant. The Consultant shall perform con-
17 sulting services relating to the Senior Buyer capacity and per the
18 job description conducted by City and such other services deemed
19 necessary by the Purchasing Agent of the City of San Bernardino.
20 4 . Payment by City City shall pay consultant for all ser-
21 vices to be rendered under the provisions of this agreement an
22 hourly sum of $13. 00 per hour, for a maximum of 192 hours, for a
23 total sum not to exceed $2 , 496 . 00 .
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24 5 . Term. This agreement shall be effective March 7 , 1988
25 and shall terminate when the 192 hours have been provided, or at
26 such earlier time as City may direct.
27 6. Unilateral Termination. This agreement may be terminated
28 by either party by giving three (3) days ' written notice to the
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1 other, and this agreement shall terminate forthwith three (3) days
2 following the date said written notice is given.
3 7 . Amendment. This agreement may be amended or modified
4 only by written agreement signed by both parties and failure on
5 the part of either party to enforce any provision of this agree-
6 ment shall not be construed as a waiver of the right to compel
7 enforcement of such provision or provisions , nor act to release
8 any surety from its obligations under this agreement.
9 8 . Assignment. Consultant has qualifications unique to him
10 alone. For that reason, the responsibilities to be carried out by
11 Consultant under this agreement shall not be assigned by Consult-
12 ant without the written consent of City.
13 9 . Notices . All notices herein required shall be in writing
14 and delivered in person or sent by certified mail , postage prepaid
15 addressed as follows:
16 City of San Bernardino Harold A. Parkey
c/o Director of Finance 850 Bussey Street
17 300 North "D" Street San Bernardino, CA. 92405
San Bernardino, CA. 92418
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10 . Relationship of Parties . It is understood that the con-
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tractual relationship of the Consultant to the City is that of
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independent contractor. In the performance of 'personal services
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pursuant to the provisions of this agreement, Consultant shall not
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be supervised, directed, or under the control or authority of any
23 City officer or employee, except and to the extent as may be
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expressly or implicitly required by the terms and provisions of
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this agreement. Any direction or control so required under this
26 aareement shall be limited to broad objectives or goals of the
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project or program to be accomplished and not to the details and
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procedures to accomplish such objectives or goals. Consultant
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AWN
1 shall not be obligated to conform to the supervision or direction
2 of City officers or employees which are not authorized herein.
3 Changes or modifications of said objectives and goals may be made
4 by written recommendations of either party subject to the con
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5 currence of the other party in writing.
6 11 . Hold-Harmless Agreement. Consultant hereby agrees to ,
7 and shall , hold City, its elective and appointive boards, com-
b missions, officers , agents and employees , harmless from any
9 liability for damage or claims for damage for personal injury,
10 including death, as well as from claims for property damage
11 which may arise from Consultant' s operations under this agreement.
12 Consultant agrees to, and shall , defend City and its elective and
13 appointive boards, commissions , officers , agents and employees
14 from any suits or actions at law or in equity for damages caused
15 or alleged to have been caused, by reason of any of the aforesaid
16 operations.
17 IN WITNESS WHEREOF, the parties hereto have executed this
18 agreement on the date first hereinabove written.
19 ATTEST: CITY OF SAN BERNARDINO
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21 By:
City Clerk Mayor
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CONSULTANT
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26 HAROLD A. PARKEY
27 Approved as to form and legal content:
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2-17-88
P!X�q y Attorney
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