HomeMy WebLinkAbout13-Data Processing
CI1t) OF SAN BERNARDI~ - REQUI:OT. FOR COUNCIL A~
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From: Stephen Hale, Data Systems Maffl1lr.r..ADHIH ~*8,Ct: Authorize execution of agreement with
. . Carl Eu~ene Felker for the purpose of
Dept: Data Processing :::1 r.nR25 PH I: 28 performing p~ogra~~n~ services for the
Data Processlng Dlvlslon.
Date: March 25, 1987
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt Resolution.
~fl'~
Signature
Contact person: Stephen Hale
Supporting datllttlched: Yes
Phone:
5245
Ward: N/ A
FUNDING REQUIREMENTS:
Amount: ~ 7.500.00
Source: (ACCT. NO.) 679-103-53150
(ACCT. DESCRIPTION) Professional and Contractual Services
Finance: 1)<.1 C)/G.e--
.
Council Notes:
n.on!
Agenda Item No.
J~,
'(;I"B ur :tAN a.KNA"U~U - H.QU~T paR COUNCIL ~N
STAFF REPORT
The Data Processing Division is requesting the approval of
temporary programming services, which will involve the writing
of source code in a high level programming language (either Basic or COBOL).
These services are necessary to meet the needs of the computer aided
dispatch/records management system and to aid in special programming
projects for the City's mainframe system. The contract will terminate
on June 30, 1987, and will not exceed a price of $ 7,500.00 for 3 months
of programming services.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO .ll,.UTHORIZnlG
THE EXECUTION OF AN AGREEMENT WITS CARL EUGENE FELKER TO PERFOR!1
PROGRAMMING SERVICES FOR THE DATA PROCESSING DEPART~ENT.
BE IT aESOLVED BY THE ~ll,.YOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernar1ino i3
hereby authorized and directed to execute on behalf of 3aid City
an agreement with Carl Eugene Felker to perform programming
services for the Data Proces3ing Department, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by
reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1987, by the following vote, to
day of
'liit:
AYES:
Counc il Member 3
NAYS:
_ll,.SSE)/T:
City Clerk
The foregoing resolution is hereby aJproveJ this
,.1:'1J'
of
, 1987.
Mayor of the City of San Bernar.1i~J
Approved aJ to form:
-7 .~
,/(~ /II" .-1ne;7
City _ torney
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AGRSEMENT
T,IIS AGa.EE:'I:::~T is '1lade and entered bto this
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of , 1987, by and oetween the CITY OF 3AN
B;::RN.l\.::<:)I~lO, l .nunicii?al cor;?orati:>n, 300 North "J" Street, :Jan
Bernardi:w, .::alif:>r:'lia, 92418, rererred to as "City", and ::.;::<:.
EUGENE F:::LKER, an individual, 3778 Colorado, a.iverside,
California, 92503, referred to as ":onsultant".
Cicy and Consultant agree as follows:
1. General Description of ~ork to oe Done. City hereby
retains Co~sultant to ;?erfor'1l i?rogramming services for and in
accordance with guidelines established by the Data Processing
Oepart~ent. 5u~h programming services shall include, but ace not
necessarily li:uited to, Jreparing source code in Basic or Cobol
dS specified by the Data Processing De~art~ent, preparing
]ocumentatio~, pseudocode or flowcharts as they may relate ~o the
:ity's '1laio [came, to the computer aided dispatch system or to
th.e ':ity's Jli.-;rocomputers, lni otilee r'elated :.nogrammi:lg 3.;('/i:e5
"/:lLc> d-1i' ;)':;0 (e~1Jirad by the )3.:3 ?roCe3:3in3 DeJart:nant.
2. T~;~in3tion of Aqree~en~. Either party ~3Y t9r~in~~e
with()J~ ~3J33 and f~r any rea30n this 3graement by ~ivi~g Eift~~n
J1YS d1~ance written notice of tec'1lination to the other pacty.
3. ~=c:'n. The term of thi3 agree!l1ent i3 for three (3)
contha, ~o~~encin] April 7, 19B7 and terminating June 30, 1937.
4. ?rovL3ion for Pavrnent. Payment to Consultant foe
services Jrovided under this agreement shall be at the cat~ J_
$2,500.00 ?er Donth and in no event .shall exceeJ$2,500.00 J.,
,:tonth. CO:lSultlnt shall maintain and file with the :)ata
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1 Processing Department a record of hours expended on assigned
2 projects and the Data Processing Department shall submit a claim
3 or request for payment to the Finance Department every two weeks.
4 The parties estimate that the services hereunder will require at
5 least 160 hours per month. Notwithstanding the foregoing,
6 Consultant shall devote all hours necessary to the projects
i assigned by the Data Systems Manager to assure adequate
8 performance hereunder. Consultant shall assume and pay all out-
9 of-pocket expenses and costs of performing services under this
10 agreement and City shall not be liable for such costs and
1] expenses.
12 5. ~mendments. This agreement may be amended or modified
]3 only by written agreement executed by both parties.'
14 6. AssiQnment. Consultant's rights under this agreement
15 shall not be assigned by Consultant to any other person, firm or
16 corporation without the prior written consent of City.
17 7. Relationshio of Parties. Consultant is acting as
18 independent contractor, and not as an employee of the City. In
]9 the performance of personal services pursuant to the provision5
20 of this agreement, Consultant shall not be supervised, directed,
21 or under the control or authority of any City officer or
22 employee, except and to the extent as may be expressly or
23 implicitly required by the terms and provisions of this
24 agreement. Any direction or control so required under this
25 agreement shall be limited to broad objectives or goals of the
26 project or program to be accomplished and not to the details a~d
27 procedures to accomplish such objectives or goals. Consu:tant
28 shall not be obligated to conform to the supervision or direction
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1 of City officers or employees which are not authorized 'herein.
2 Changes or modifications of said objectives and goals may be made
3 by written recommendations of either party subject to the
4 concurrence of the other party in writing.
5 8. Hold Harmless. Consultant hereby agrees to, and shall,
6 hold City, its elective and appointive boards, commissions,
7 officers, agents and employees, harmless from any liability for
8 damage or claim for damage for personal injury, including death,
9 as well as from Consultant's operations under this agreement.
10 Consultant agrees to, and shall defend City and its elective and
11 appointive boards, commissions, officers, agents and employees
12 from any suits or actions at law or in equity for damages caused
13 or alleged to have been caused by reason of Consultant's
14 performance hereunder including any claims that may arise against
15 City by reason of Consultant's legal relationship with City being
16 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
ATTEST:
By
Mayor
City Clerk
CONSULTANT
By
Carl Eugene Felker
Approved as to form:
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