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HomeMy WebLinkAbout28-Planning CIT9 OF SAN BIERNARDI~ - RIEQUa9r FOR COUNCIL AcRoN From: Michael W. Loehr Interim Director of Planning Planning Subject: Digitizing Service Agreement with Kenneth Dept: Date: July 14, 1988 Mayor and council Meeting August 1, 1988, 2:00 p.m. Wheeler ~ Synopsis of Previous Council action: No previous council action. Recommended motion: That the Mayor and council adopt a resolution authorizing execution of an Agreement with Kenneth Wheeler for digitizing services performed for the Planning Department. /l11 ~~tJ).leL Signature Michael W. Loehr Michael W. Loehr Phone: 384-5057 Contact person: FUNDING REQUIREMENTS: Amount: Resolution & Agreemen1: $12,500 Ward: Supporting data attached: Staff Report, Source: (Acct. No.) 001-171-53150 Acct. Descri tion Profession Finance: Council Notes: JM/csj ""6"rI. "6~ tol^~ 8: CIT9 OF SAN BERNARDI A - REQUeOr FOR COUNCIL ACi.bN STAFF REPORT Subject: Digitizing Service Agreement with Kenneth Wheeler Mayor and Council Meeting August l, 1988, 2:00 p.m. NEED The City has purchased a Computer Aided Drafting and Mapping System (CAD/CAM) operating on the Micro VA* II system. The Planning Department has one terminal accessing the system. However, in order to utilize the system a mapping database has to be created for the City's 70,000+ parcels. This involves a process of digitizing the street and parcel coordinates into the computer's database. RESOUR~J1;j) The Planning Department has budgeted $98,000 for professional services. This amount includes a contractual Planner I position. The person who occupied this position was hired as a permanent Planner I on July la, 1988. This hiring has left the balance of those monies (about $l2,500) available for other contracted professional services. . Kenneth Wheeler has been a General Plan Intern for the Department for over a year, and has been paid at a rate of $6/hour. He desires to enter into the field of computerized mapping and has educated himself in regards to the City's CAC/CAM mapping system. The Data Processing Department has located in its offices a digitizer, a plotter and a CAD/CAM terminal. It is proposed that Mr. Wheeler be contracted with to start the arduous process of digitizing the City's streets and parcels into the database. This service would take place in the Data Processing Department. This proposal has been reviewed and approved by Steve Hale. 75.0264 o o o o MAYOR AND COMMON COUNCIL August l, 1988, 2:00 p.m. Page 2 REOUEST It is therefore requested that the City contract with Mr. Wheeler at a rate of $8/hour for the balance of this budget year to perform this digitizing service. Prepared by: John Montgomery, Principal Planner For Michael W. 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'tl..... ;:l..... ...,...-1 Ol :J .....QI Cll;:l ....c CJQj QI> Q.QI If.ll-l -l< -l< o J JllI o o o 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KENNETH R. WHEELER TO PERFORM 4 CONSULTING SERVICES FOR THE PLANNING DEPARTMENT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 hereby authorized and directed to execute on behalf of said City SECTION 1. The Mayor of the City of San Bernardino is 8 9 an agreement with Kenneth R. Wheeler to perform consulting services for the Planning Department, a copy of which is attached 10 hereto marked Exhibit "A" and incorporated herein by reference as 11 12 fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 15 16 wit: 17 18 Bernardino at a meeting thereof, held on the , 1988, by the following vote to day of Council Members AYES: 19 20 21 22 23 24 25 26 27 28 HE:ms 7-8 -88 NAYS: ABSENT: City Clerk 1 o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 1 2 3 4 5 Resolution of the City of San Bernardino Authorizing the Execution of an Agreement with Kenneth R. Wheeler to Perform Consu~ting Services For the Planning Department. The foregoing resolution is hereby approved this day 6 of 7 8 9 , 1988. Mayor of the City of San Bernardino Approved as to form and legal content: <~ HE:ms 7-8-88 2 "0 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 o o AGREEMENT THIS AGREEMENT is made and entered into this day of 1988 by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North "0" Street, San Bernardino, California, referred to as "CITY", and KENNETH R. WHEELER, referred to as "CONSULTANT". CITY and CONSULTANT agree as follows: 1. General Description of Work to be Done. CITY retains CONSULTANT to perform planning services for the Planning Commission and the Planning Department. Such planning services shall include, but are not necessarily limited to, preparing maps on the CITY'S computer aided mapping system, demographic and land use calculations, coordination of such planning services with various CITY departments, including the Data Processing Department, and performance of related planning services which may be required by the Planning Department. 2. Termination of Agreement. Either party may terminate this agreement without cause and for any reason by giving fifteen days advance written notice of termination to the other party. 3. Term. The term of this agreement is for a period of eleven and one-half (11-1/2) months. This agreement shall commence on July 19, 1988 and terminate on June 30, 1989. 4. Provision for Payment. Payment to CONSULTANT for services provided under this agreement shall be at the rate of Eight Dollars ($8.00) per hour and in no event shall exceed $8.00 per hour. CONSULTANT shall maintain and file with the Planning HE:ms 1 July 19, 1988 '0 a o o ~ 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 Department a record of hours expended on assigned projects and the Planning Department shall submit a claim or request for payment to the Finance Department every two weeks. The parties estimate that the services hereunder will require at least eighty (80) hours per month. Notwithstanding the foregoing, CONSULTANT shall devote all hours necessary to the projects assigned by the Planning Director to insure adequate performance hereunder. CONSULTANT shall assume and pay all out-of-pocket expenses and costs of performing services under this agreement and CITY shall not be liable for such costs and expenses. 5. Taxes. CITY shall withhold Social Security, Federal and State income taxes from CONSULTANT'S pay. 6. Amendments. This agreement may be amended or modified only by written agreement signed by both parties. 7. Assignment. 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 CITY. 8. Attorney's Fees. In the event that an action is filed by either party to enforce rights under this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief granted by the court. 9. Acknowledgment. (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 HE:ms July 19, 1988 2 . o 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 o o 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 subj ect 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 of the rights and remedies available to CITY under the law as a result of such patent applications, patents, copyrights, or other rights. 10. Confidentiality and Non-Disclosure. (a) 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. CONSULTANT agrees to hold in confidence 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 HE:ms July 19, 1988 3 . o 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 o o 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 Planning Director, 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, manuals, letters, 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 HE:ms July 19, 1988 4 '0 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 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 8 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. 11. Entire Agreement. 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 the parties have executed this agreement on the day and year first above written. CITY OF SAN BERNARDINO Evlyn Wilcox, Mayor of the City of San Bernardino ATTEST: Shauna Clark Kenneth R. Wheeler Approved as to FOrm and Le a1 Content: ) / <:'~~:o__ HE:ms 5 July 19, 1988