HomeMy WebLinkAbout33-Data Processing
City OF SAN BERNARDtno - REQU~T FOR COUNCIL AC...40N
From:
STEPHEN D. HALE
Data Processing
flEe'D. - ADMIN. ~~!ect:
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Consultant Contract - Sandra E.
Daly
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Dept:
August 27, 1987
Date:
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt Resolution
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~ Signature
Contact penon: Steve Hale
Phone:
5247
Supporting data attached:
Staff Memo
Ward:
All
FUNDING REQUIREMENTS:
$35,000.00
Amount:
Source: (ACCT. NO.)
~1'1J03 5"'3 \5"0
(ACCT. DESCRIPTION)
Council Notes:
Finance: .J (,;j\i~ A ~<.~
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CI-k OF SAN BERNARDI~ - REQUe.h FOR COUNCIL AC'rbN
STAFF REPORT
The Data Processing Division requires specialized personnel
for the programming of the MAT microcomputer which is related
to the operation of the NEAX telephone switch.
75-0264 ,. / /.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CONTRACT WITH SANDRA G. DALY FOR THE PROVISION OF
3 CONSULTING SERVICES TO THE DATA PROCESSING DIVISION OF THE CITY
OF SAN BERNARDINO
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I.
The Mayor of the City of San Bernardino is
hereby authorized to execute on behalf of said City an agreement
with Sandra E. Daly for the provision of consulting services to
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SECTION 2. The agreement shall not take effect until fully
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signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no other agreement relating thereto shall be implied
or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
, 1987, by the
City Clerk
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8/27/87
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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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.....~L/l .. /., ""'1--",",,-
". .A....ry
,city Attorney
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A G R E E MEN T
THIS AGREEMENT is made and entered into this day of
, 1987, by and between the CITY OF SAN
BERNARDINO, a municipal corporation ("City"), and Sandra Ellen
Daly, an individual ("Consultant"), mutually referred to herein
as "Parties".
City and Consultant agree as follows:
I. Statement of Aareement.
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 covenants 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.
2. Term.
The term of this agreement shall commence August 18,
1987, and end June 30, 1988. This agreement may be renewed for
an additional one-year period upon the express written consent of
Consultant to such extension and the approval thereof by the
Mayor and Common Council.
3. PaYment and Provision for PaYment.
A. Maximum Compensation
(ll Maximum total compensation to be paid under this
agreement shall be Thirty-Five Thousand Dollars ($35,000).
Payment to Consultant for services provided under this agreement
shall be at the rate of $25.00 per hour, for a maximum of 48
service hours within a biweekly pay period;
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August 27, 1987
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1 (2) Upon the express written agreement of the
2 parties, the maximum hours hereunder may be increased to 49 hours
3 or more per biweekly pay period. If the hours of compensation
4 are increased to 49 or more hours per biweekly pay period,
5 compensation hereunder shall be paid at tbe rate of $18.00 per
6 hour.
7 B. Manner of Compensation
8 (I) Consultant shall maintain and file with the
9 Data Processing Department a record of all hours worked on
10 assigned projects. Said projects shall be listed by work order
11 if such listing is requested by the Data Systems Manager.
12 (2) The Data Systems Manager shall submit a claim
13 or request for payment based on such record to the Finance
14 Department in such manner that Consultant shall be paid biweekly.
15 (3) Consultant shall assume and pay all out-of-
16 pocket expenses and costs of performing services under this
17 agreement except as provided in Section 4(b), and City shall not
18 be liable for any such costs and expenses.
19 4. General DescriDtion of Work to be Done.
20 A. City hereby retains Consultant to:
21 I. Research data communication system modifications,
22 improvements and expansion;
23 2. Advise Data Systems Manager of the feasibility
24 of new or improved data communications systems1
25 3. Install data communications equipment and
26. modify existing equipment as needed;
27 4. Provide technical advice as needed.
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Provide advice and guidance to operations
personnel and timesharing network users in
response to equipment related problems;
Contact telephone company regarding problems
related to the data communications network;
Conduct special projects as required;
Assist in the management of the City's
telephone systems;
Initiate the addition or removal of new
or revised services, e.g., tie lines,
foreign exchange lines, WATS lines,
microwave lines, fiber optic lines;
Program the MAT microcomputer as necessary;
Analyze the cost effectiveness of the
telephone network in cooperation with the
Data Systems Manager and the Cable Television
Coordinator;
Advise the Data Systems Manager and Cable
Television Coordinator of methods to improve
cost effectiveness;
Conduct cost analyses and feasibility studies;
Review and analyze current and proposed
telephone company tariffs for budget purposes
and for determination of City-wide impact in
coordination with the Data Systems Manager and
the Cable Television Coordinator;
Maintain liaison with telephone companies,
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other cities, educational institutions,
subcontractors and industrial suppliers of
telephone equipment regarding recent
innovations in telephone systems, and
telephone usage control.
Attendance at NEAX 2400 School.
I. City agrees to pay class registration
fees for the attendance by Consultant
at classes of instruction on the
programming of the NEAX 2400 telephone
switch. Said classes are to be conducted
during a five-day seminar, in Thousand
Oaks, California, from September 7, 1987,
to September II, 1987. The City
further agrees to reimburse Consultant's
expenses for hotel accommodations, meals
(in an amount not to exceed thirty dollars
and 00/100 ($30.00) per day), and telephone
calls (not to exceed $10.00 in total for the
five days) for one person during five days of
Consultant's attendance at the above-
referenced seminar.
2. In consideration of City paying Consultant's
expenses for the above referenced training,
it is agreed and understood that Consultant
will train at least three members of the
City's permanent staff in the methods learned
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1 by Consultant at the seminar; specifically
2 the effective and efficient programming of
3 the MAT microcomputer as it relates to the
4 operation and functioning of the NEAX 2400
5 telephone switch. Persons to be trained by
6 Consultant shall be <selected by the Data
7 Systems Manager.
8 4. In addition to any other remedy for any
9 breach of this agreement, should Consultant
10 fail for any reason to perform under this
11 subsection, City is hereby entitled to full
12 reimbursement from Consultant of all costs of
13 training and expenses incurred for the
14 training of Consultant.
15 5. It is hereby understood and agreed that all
16 books, handouts, notes or other media
17 received by Consultant at the seminar with
18 respect to the substance of any matter taught
19 at such seminar are the property of the CITY
20 OF SAN BERNARDINO.
21 5. Termination of Aareement.
22 Either party may terminate this agreement without
23 cause and for any reason by giving fifteen days' advance written
24 notice of termination to the other party.
25 6. Amendments.
26 This Agreement may be amended or modified only by
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1 written amendment executed by both parties. Said amendment shall
2 be specific as to duties, compensation and term.
3 7. Prohibition of AssiQnment.
4 This Agreement is one for professional services and
5 is not assignable by Consultant without the prior written consent
6 of the City.
7 8. Relationship of Parties.
8 Consultant at all times during the term of this
9 agreement and any extension hereof is acting as an independent
10 contractor, and not as an employee of the City. In the
11 performance of personal services pursuant to the provisions of
12 this agreement, Consultant shall not be supervised, directed, or
13 under the control or authority of any City officer or employee.
14 Any direction or control required under this agreement shall be
15 limited to broad objectives or goals of the project or program to
16 be accomplished and not to the details and procedures to
17 accomplish such objectives or goals. Consultant shall not be
18 obligated to conform to the supervision or direction of City
19 officers or employees which are not authorized herein.
20 9. Hold Harmless.
21 Consultant hereby agrees to, and shall, hold City,
22 its elective and appointive boards, commissions, officers, agents
23 and employees, harmless from any liability for damage or claim
24 for damage for personal injury, including death, resulting from
25 Consultant's operations under this agreement. Consultant agrees
26 to, and shall defend City and its elective and appointive boards,
27 commissions, officers, agents and employees from any suit or
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1 actions at law or in equity for damages caused or alleged to have
2 been caused by reason of Consultant's performance hereunder
3 including any claims that may arise against City by reasons of
4 Consultant's legal relationship with City being categorized as
5 other than that of an independent contractor.
6 9. Attornevs' Fees.
7 In the event an action is filed by either party to
8 enforce rights under this Agreement, the prevailing party shall
9 be entitled to recover a reasonable attorney's fee in addition to
10 any other relief granted by the court.
11 10. Termination bv Citv.
12 Notwithstanding any other provision of this
13 Agreement, the City, by notifying Consultant in writing, may
14 terminate any or all of the services agreed to be performed under
15 this Agreement. In the event of such termination, Consultant
16 shall have the right and obligation to immediately assemble work
17 in progress and forward same to the City. All charges
18 outstanding at the time of termination shall be payable by the
19 City to Consultant within thirty-five days following submission
20 of final statement by the Consultant.
21 11. Acceptance of Final pavment Constitutes Release.
22 The acceptance by Consultant of the final payment
23 made according to the terms of this Agreement shall operate and
24 be a release to the City, and every employee and agent thereof,
25 from all claims and liabilities to Consultant for anything done
26 or furnished for or relating to the work or services, or for any
27 act or failure to act of the City relating to or arising out of
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1 12. Acknowledqment.
2 (a) Consultant acknowledges and agrees that City is the
3 sole and exclusive owner of all rights and remedies in and to
4 certain confidential ideas and secrets concerning the operations
5 of City, any products or information resulting, in whole or in
6 part, from the work performed under this agreement, and all
7 products or information derived or to be derived from said work,
8 regardless of whether City's or Consultant's work is subject to
9 patent, copyright, or other protection.
10 (b) In the event that any work performed under this
11 agreement is or becomes the subject of a patent application,
12 patent, copyright, or other rights under the laws of the United
13 States or any other country, Consultant agrees and understands
14 that City shall have all the rights and remedies available to
15 City under the law as a result of such patent applications,
16 patents, copyrights, or other rights.
17 13. Confidentiality and Non-Disclosure
18 (a) Consultant acknowledges that during the Consultation,
19 Consultant has had and/or shall haye access to and has become
20 and/or shall or may become aware of secret information.
21 Consultant agrees to hold in confidence all such secret
22 information disclosed to Consultant or developed by Consultant in
23 connection with the work performed under this agreement, either
24 in writing, verbally, or as a result of the Consultation except:
25 (I) Information which, at the time of disclosure, is
26 in the public domain or which, after disclosure, becomes part of
27 the public domain by publication or otherwise through no action
28 or fault of Consultant; or
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1 (2) Information which Consultant can show is in its
2 possession at the time of disclosure and was not acquired,
3 directly or indirectly, from City;
4 (3) Information which was received by Consultant
5 from a third party having the legal right to transmit that
6 information.
7 (b) Consultant shall not, without the written permission
8 of the Data Systems Manager, use the secret information, which
9 Consultant is obligated hereunder to maintain in confidence, for
10 any reason other than to enable Consultant to properly and
11 completely perform under this agreement.
12 (c) Consultant shall not reproduce or make copies of the
13 secret information or Consultant's output, except as required in
14 the performance of this agreement. Upon termination of the
15 agreement for any reason whatsoever, Consultant shall promptly
16 deliver to City all correspondence, drawings, blueprints,
17 manuals, letters, notes, notebooks, reports, flow-charts,
18 programs, proposals, or documents concerning City.
19 (d) Except as may be required for performance of this
20 agreement, Consultant shall not, during or at any time subsequent
21 to this agreement, unless City has given prior written consent,
22 disclose or use the secret information or engage in or refrain
23 from any action, where such action or inaction may result (I) in
24 the unauthorized disclosure of any or all such secrets to any
25 person or entity; or (2) in the infringement of any or all such
26 rights.
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(el Consultant shall immediately notify City of any
information which comes to Consultant's attention which does or
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3 might indicate that there has been any loss of confidentiality of
4 such secrets or breach of such rights.
5 (f) Consultant shall limit the disclosure of the secret
6 information to those persons in Consultant's organization or the
7 City, who have a need to know all or part of the secret
8 information. Consultant shall make such disclosure to each such
9 person limited to that portion of the secret information that
10 that person needs to know. Consultant shall inform each such
11 person of the provisions of this agreement regarding secret
12 information and shall make reasonable efforts to insure that each
13 such person shall abide by those provisions.
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14. N2.t.i~.
15 Any notice required to be given hereunder shall be
16 deemed to have been given by depositing said notice in the United
17 States mail, postage prepaid, and addressed as follows:
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City
Consultant
19 Shauna Clark, City Clerk
City of San Bernardino
20 300 North "D" Street
San Bernardino, CA 92418
Sandra A. Daly
13512 Arrow Hwy
Fontana, CA 92335
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15. Entir~ Agreement
This contract constitutes the entire Agreement between City
24 and Consultant and may be modified only by further written
25 agreement between the parties.
26 IN WITNESS WHEREOF, this Agreement has been executed by the
27 parties effective as of the date and year first above written.
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3 ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
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5 City Clerk
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By
Mayor
CONSULTANT
By
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Approved as to form
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14"9ity Attorney
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