HomeMy WebLinkAbout18-City Administrator
"CITY OF SAN BER~RDIN~REQUESTC:>OR COUNCIL ACTION
From: James Robbins
Deputy City Administrator
Dept: City Administrator
Subject: Resolution authorizing execution
of agreement with Ruth Parish for
for the provision of data processin(
consulting services.
Date: May 25, 1990
Synopsis of Previous Council action:
No previous Council action.
Recommended motion:
Adopt Resolution.
(/.-,^ 52#~^
Signature
Contact person: James Robbins
Phone: 5122
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: $48,200
Source: (Acct. No.! 679-103-53150
tTohl F'I
(Acct. DescriPtion) Professional Contractual
Finance:
O"J1JiU:
fi,...-
0(
Council Notes:
Agenda Item No.
IE"
~'CITY OF SAN BERQRDINO - REQUEST COR COUNCIL ACTION
STAFF REPORT
This agreement replaces the one with 3D consulting (Greg
Ziak). 3D worked with us completing the Norton pilot project
and scanning of other sections of the city.
It is proposed that the long term solution is the hiring of a
full-time employee. The re-titling of an existing (vacant)
position of PC Coordinator is being pursued through Personnel
and the Personnel Committee.
The agreement 1) ensures that time frames are maintained for
achieving several objectives, and 2) that a well qualified
person provides assistance both in the interim and over the
long term.
It is recommended that the resolution authorizing execution
of agreement with Ruth Parish be adopted.
/dm
FILED: PARISH. STAFF
OS/25/90
75-0264
"
1
2
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
o
"'.
,j
RESOLUTION NO.
~.
.~ ..
. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 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 .ervices for
the Data Processing Department, a copy of which is attached
hereto marked Exhibit "A" and incorporated herein by re~rence
~
as fully as though set forth at length.
~
SECTION 2. The authorization to exeoute 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is rescinded if the parties to the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
Bernardino at an
meeting thereof, held on the
1990, by the following vote to
day of
,
wit:
IIIII
IIIII
-1-
!
1
2
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 OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION r;-' AN AGREEMENT WITH RUTH Pl('"1SH TO PERFORM CONSULTING
SERVICES F~'THE DATA PROCESSING DEPA*~AENT.
COUNCIL MEMBERS
AIn
HAm
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
:
CITY CLERK
The foregoinq resolution is hereby approved this
day of
, 1990.
W. R. HOLCOMB, MAYOR
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By:
-2-
.
1
2
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
c
"
,-,"';
AGREEMENT
THIS AGREEMENT is made and entered into this
day of ' 1990, by and between the City
of San Bernardino, a municipal corporation, 300 North "0"
street, San Bernardino, California 92418, (herein referred to as
"city"), and Ruth Parish, 78-650 Avenue 42, #2001 Bermuda Dunes,
california 92201 (herein referred to as "consultant").
..
city and consultant agree as follows:
1. General Descriotion of Work to be Done.
city hereby engages consultant, and Consultant hereby
accepts such engagement, to perform the services herein
described for the compensation herein provided. Consultant
hereby assures and convenants to city that she has the
qualifications, experience and facilities to properly perform
said services, and hereby agrees to undertake and complete the
performance thereof for the compensation herein provided.
//1/1
//1/1
//1/1
//1/1
/1/1/
1
"
1
2
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
2. em :)
The term of this agreement shall commence July 2, 1990,
and end June 30, 1991. This agreement may be extended on a
.onth-~o-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. PaYment and provision for PaYment .
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.
/1/1/
2
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
<:)(2) The Data systems Man~er shall submit a claim
or request for payment based on such record to the Finance
Depart.ent 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 DescriDtion of Work to be Done.
city hereby retains Consultant to p~form
coordinating/programming, and training services as follows:;
(a) Act as technical advisor/administrator for
providing advice and quidance on: All projects being considered
for CADD: software and hardware capabilities: creating,
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.
IIIII
IIIII
IIIII
3
,
,
1
2
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
QJ Acts as prime in~face
vendors, consultants, outside agencies, and
conaultations with respect to CADD.
between
computer
technical
city for
<e) 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.
~
'i
Of
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
//1/1
//1/1
4
,"
1
2
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
""'-.., ........
control s~equired under this agree~t shall be limited to
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 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.
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.
11111
11111
11111
11111
5
1
2
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
r
9. \. ...ltornev' s Fees .
,......
.,J
In the event an action is filed by either party to
enforce riqhts under this Aqreement, the prevailinqparty shall
be entitled to recover reasonable attorney's fee in addition to
any other relief qranted by the court.
10. Termination bv citv
Notwithstandinq any other provision of this Aqreement,
the City, by notifyinq Consultant in writinq, may terminate all
or a portion of the services agreed to be performed under this
Agreement with or without cause. Consultant shall be qiveD five
.
. .' :=
(5) days' wr~tten not~ce for fa~lure 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. Acceotance 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
11111
6
>
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
~
24
~
26
27
28
release to ~ city, and every emP10yee~d agent thereof, from
all claims and liabilities to Consultant for anything done or
furni8hed 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 .
(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
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 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 rights 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 .
(a' Consultant acknowledges that during the Consultation,
Consultant has had and/or shall have access to and has becoroe
and/or shall or may become aware of secret information.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
~
24
25
26
27
28
O ~-
Consultant qrees to hold in conf~nce 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,
8
1
2
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
manuals,
,.,.-..-
l~ers. 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
information which comes to Consultant's attention which
of.,. any
dJ. 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
9
.
to
an
given by
depositing s~d
notice in the
United
have
States mail, postage prepaid, and addressed as follows:
City:
Shauna Clark, City Clerk
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
15. Entire Aareement .
This contract constitutes the
Consultant:
Ruth Parish
78-650 Avenue 42 #2001
Bermuda Dunes, CA 92201
entire Agreement between
City and Consultant and may be modified only by further written
agreement between the parties.
IN WITNESS WHEREOF, this
the parties effective as of the
written.
20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
Shauna Clark
21 ci ty Clerk
22
23
24
25
Approved as to form
26 and legal content:
27
28 James F. Penman
City Attorney
OS/25/90
10
Agreement has been executed by
.f
date and year first "above
CITY OF SAN BERNARDINO, a
Municipal corporation of
State of california
W. R. Holcomb, Mayor
City of San Bernardino
Ruth Parish