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HomeMy WebLinkAbout24-MIS 'CITY ~F SAN BE..QARDINO - REQUESTQOR COUNCIL ACTION From: Janis Ingels Director of M.I.S. Dept: City Administrator/M.I.S. Date: June 9, 1992 Subject: Resolution authorizing execution of agreement with Ruth Parish for the provision of Geographic Infoomation Systems consulting services. Synopsis of Previous Council action: Resolution No. 90-205 for 90/91 fiscal year provided the initial contracting with Ms. Parish and was adopted. Resolution No. 91-215 for 91/92 fiscal year provided a first amendment to the agreement with Ms. Parish, extending the agreement for one year and was adopted. Recommended motion: Adopt Resolution. Signature Contact person: Janis Ingels Phone: 5010 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: S52.0oo 00 Source: (Acct. No.) 679-103-53150 (Acct. Description) Profess; on,,] ~""] Cj '-I "i '> Finance: O~ Council Notes: "l'. n.,,:o:J ^M_-'_ ..__ .,_ 2 L/ t . CITY OF SAN BERaRDINO - ......'.. REQUEST \..OR COUNCIL ACTION STAFF REPORT This second amendment to the agreement with Ruth Parish extends the term of the agreement for one year, from July 1, 1992 to June 30, 1993. Tremendous progress has been realized in the last 12 months in the utilization of GIS to enhance the functionality of the City's major operations. Many projects are currently in process and moving forward such as entry of addressing/parcel data, entry of EDA project areas, the City's water system, and the land use plan. In less than advantage of efficiency and ideal economic times, it is high level technology like productivity. imperative to take GIS to accentuate It is recommended that this amendment be approved. 75.0264 ...-l. i ,"".,/ 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH RUTH PARISH 4 TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION SYSTEMS DEPARTMENT. 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL FOR THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the city of San Bernardino is hereby 9 authorized and directed to execute on behalf of said City a second 10 amendment to the agreement with Ruth Parish to perform consulting 11 12 13 14 15 16 17 services for the M.I.S. Department, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced amendment is rescinded if the parties to the amendment fail to execute it within sixty (60) days of the passage of this resolution. 18 19 20 21 22 23 24 25 26 27 28 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 day of , 1992, by the following vote to wit: III III III III III 1 .' " RESOLUTION OFl""f, CITY OF SAN BERNARDINO AUTHc1'1-rNG THE EXECUTION OF A SECOND AMENDMht TO THE AGREEMENT WITH RUTH P~ TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION SYSTEMS DEPARTMENT. 1 COUNCIL MEMBERS 2 3 ABSTAIN AYES NAYS ESTRADA REILLY 4 5 6 7 HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM 8 9 10 11 12 13 day of 14 15 16 17 18 MILLER CITY CLERK The foregoing resolution is hereby approved this , 1992. W.R. HOLCOMB, MAYOR city of San Bernardino 19 Approved as to form and legal content: 20 JAMES F. PENMAN 21 City Attorney 22 23 By: 24 25 26 27 28 6/29/92 2 .' i - 1 2 3 4 5 6 7 ........ .. , ....../ SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this day of , 1992, by and between the City of San Bernardino, a municipal corporation, 300 North "D" street, San Bernardino, California 92418, (herein referred to as "city"), and Ruth Parish, 15597 willow Drive, Fontana, California 92335 (herein referred to as "Consultant"). 8 9 10 11 12 13 14 15 16 17 The Parties hereto agree as follows: RECITALS A. City and Ruth Parish are entering into this Second Amendment to Agreement to amend the terms of their original em- ployment agreement entered into on June 8, 1990 as adopted by the Mayor and Council by Resolution No. 90-205 on June 5, 1990. Said agreement and resolution are attached hereto as Exhibit A and B respectively and incorporated herein by reference. 18 19 20 21 SECTION 2. Term. 22 The term of this agreement shall commence July 1, 1992, 23 and end June 30, 1993. This agreement may be extended on a 24 month-to-month basis for a maximum of twelve (12) additional 25 months upon the express written consent of Consultant to such 26 extension and the approval thereof by the city Administrator. 27 III 28 III 1. The terms of the original agreement are to be amend- ed as follows: .' i ", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ",.", ,. .... ~ '-~".. SECTION 3. PaYment and provision for Pavment. A. Maximum Compensation (1) Maximum total compensation to be paid under this agreement shall be Fifty-two Thousand dollars ($52,000). Payment to Consultant for services provided under this amendment shall be at the rate of $25.00 per hour, and in no event shall exceed $4,334 within any calendar month. (2) Consultant shall provide a minimum of 130 hours of service per calendar month with the exception of the month of November 1992 wherein the Consultant will take a vacation and shall provide a minimum of 100 hours of service. B. Manner of compensation (1) Consultant shall maintain and file with the M.I.S. Department a record of all hours worked on assigned projects. Said projects shall be listed by work order is such listing is requested by the Director of M.I.S. (2) The Director shall submit a claim or request for payment based on such record to the Finance Department 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 amendment except as otherwise specifically provided herein, and City shall 24 not be liable for any such costs and expenses. 25 26 27 modifications are to be made in writing. 28 III 2. The remaining terms of the original agreement are to remain in full force and effect. Any further amendments or 6/26/92 2 .' I ,Y',.... r '" '-' -- RE: SECOND AMENDMENT TO AGREEMENT WITH RUTH PARISH -. 1 Executed this day of 2 San Bernardino, California. 3 4 5 ATTEST: 6 7 8 Rachel Krasney City Clerk 9 10 c.~':-?o-<... mes F. Penman ty Attorney 1 1 18 19 20 21 22 23 24 25 26 27 28 6/26/92 3 , 1992, at CITY OF SAN BERNARDINO, a Municipal Corporation of State of California W.R. Holcomb, Mayor City of San Bernardino Ruth Parish ......*..... \.... . . J ....;-- RESOLUTION NO. qn_?nc;, RESOLUTION OF THE CITY OF SAN BERNARDINO UTHORIZING 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 services for the Data Processing Department, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute 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 meeting thereof, held on the Bernardino at an reaular 4th day of June wit: IIIII IIIII 1 EXHIBIT "A" , 1990, by the following vote to ~ f' , 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 ~ ......, ':'I.L.:IVld.J l ..:..ui.\j ur .d1l::. \......1. J.. 1 U.r .::.A0< D.r..rU..,ARDi.:--JO AUTHORIZING THE EXECUTION ~F AN AGREEMENT WITH RUTH PARISH TO PERFORM CONSULTIM 3ERVICES FOR THE DATA PRO, SING DEPARTMENT. COUNCIL MEMBERS AYES ESTRADA REILLY X FLORES X - MAUDSLEY X - MINOR X - POPE-LUDLAM X - MILLER NAYS ABSTAIN ~~/J/LJiH,/ CITY CLERK The foregoing resolution is hereby approved this ::- tlv day of June , 1990. Approved as to form and legal content: JAMES F. PENMAN City Attorney 1 ! .J ~?'\......, 1 / I . 'j ....:.~,,~- By: OS/25/90 /' J / , /' / ,,~, 1l // / ,/ , - / / / ./~.....;> / / . "A W. R. HOLCOMB, ~YOR City of San Bernardino 2 ..= , ",,' ,--~ ",-"" - 1 2 AGREEMENT 3 4 5 6 7 8 9 "city"), and Ruth Parish, 78-650 Avenue 42, #2001 Bermuda Dunes, 10 California 92201 (herein referred to as "consultant"). 11 12 13 City and Consultant agree as follows: 14 15 16 1. General Description of Work to be Done. 17 City hereby engages Consultant, and Consultant hereby 18 accepts such engagement, to perform the services herein 19 described for the compensation herein provided. Consultant 20 hereby assures and convenants to City that she has the 21 qualifications, experience and facilities to properly perform 22 said services, and hereby agrees to undertake and complete the 23 performance thereof for the compensation herein provided. 24 II II I 25 11111 26 11111 2711111 28 11111 THIS AGREEMEl'l't is made and entered into this _, I i~~..~ ctL day of , 1990, by and between the City of San Bernardino,ija municipal corporation, 300 North "Oil ,/ Street, San Bernardino, California 92418, (herein referred to as 1 'C'VUT'OT'T' "'011 ~, ~ 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. \. ~rm . "' - '-' The term of this agreement shall commence July 2, 1990, and end June 30, 1991. This agreement may be extended on a month-to-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. Pavrnent and provision for Pavrnent . 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. 11111 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 I~- (2) '-' or request for The Data Systems M~ger shall submit a claim .~ such record to the Finance payment based on Department 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 Descriotion of Work to be Done. City retains perform Consultant to hereby coordinating/programming, and training services as follows: (a) Act as technical advisor/administrator for providing advice and guidance on: All projects being considered for software and hardware capabilities; creating, CADD; 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. 11111 11111 11111 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 , \-ftl Acts as prime ic:irface between computer vendors, consultants, outside agencies, and city for technical consultations with respect to CADD. (el 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. 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 IIIII IIIII 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 ~equired under this agre~nt 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 or herein. Changes 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. IIIII IIIII IIIII IIIII 5 " ~ 9. C.ttornev' s Fees . ,.'...... "-I 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 In the event an action is filed by either party to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fee in addition to any other relief granted by the court. 10. Termination bv city . Notwithstanding any other provision of this Agreement, the City, by notifying Consultant in writing, may terminate all or a portion of the services agreed to be performed under this Agreement with or without cause. Consultant shall be given five (5) days' written notice for failure 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. Acceptance 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 22 23 24 25 26 27 28 release t<:)he City, and every all claims and liabilities to employ~ and agent thereof, from .-.../ Consultant for anything done or furnished 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 . (al 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. (bl 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 right~ 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. (al Consultant acknowledges that during the Consultation, Consultant has had and/or shall have access to and has become 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 22 23 24 25 26 27 28 consultan~grees to hold in con::lence 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 lIf"" .-..-", manuals, I...,.jters, 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 of any information which comes to Consultant's attention which does 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 < . . ~ 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 to ,.r-o<<, , . have I.....,ftn given by depositing .,....d notice in the United states mail, postage prepaid, and addressed as follows: City: Shauna Clark, City Clerk City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Consultant: Ruth Parish 78-650 Avenue 42 #200l Bermuda Dunes, CA 92201 15. Entire Aareement . This contract constitutes the entire Agreement between city and Consultant and may be modified only by further written agreement between the parties. IN WITNESS WHEREOF, this Agreement has been executed by the parties effective as of the date and year first above written. ATTEST: -R-2?//. -?? / ,aI/v- Shauna Clark City Clerk Approved as to form and legal content: /; -;2 . /'~,__ j ~ .' r ---......... mes F. Penman ,city Attorney OS/25/90 CITY OF SAN BERNARDINO, a Municipal Corporation of State of California -~'" /:'-') / ~ //",'" / ~/ ./ '.- - /' W. R. Holcomb, Mayor City of San Bernardino i /) / _4f" . ~ ~ t: . / If !i.j/t Ruth Parish 10