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HomeMy WebLinkAbout35-Purchasing - - CI....c' OF SAN BERNARDIO - REQUI()r FOR COUNCIL AC.~...oN From: DEAN MEECH, Purchasing Agen-b":EC'D. - ASIlti"c~r : AGREEMENT WITH HAROLD A. PARKEY Department of Purchasing "',.' DEe I" ',' io:' Dept: IIJl lj: , 1 "- "'" Date: December 9, 1987 Synopsis of Previous Council action: NONE. Recommended motion: ADOPT RESOLUTION J, / iil/ ;; / / i.': / ,../..'/ .. I/r . Signat e Contact person: Dean Meech Phone: 5085 Supporting date attached: See Resolution Ward: N/A FUNDING REQUIREMENTS: Amount: $2,080.00 Sou rile: ( ACCT. (ACCT. NO.) 001-122-53150 DESCRIPTION) Professional Finance: tJ ~ Contract Services ~KA. . Council Notes: 75.0262 Agenda Item No, 3$ -~ ...- CI,(;' OF SAN BERNARDIU - REQUEc:r FOR COUNCIL ACh4N STAFF REPORT The City is in need of an individual with knowledge and expertise of the City's purchasing system to assist in the Senior Buyer capacity and such other services to help reduce the current extraordinary backlog. This service is required for the interm period between the present Senior Buyer's retirement ~anuary 1st until a new Buyer is acquired. Mr. Parkey has agreed to work in his present capacity part time until this staff compliment is fulfilled. 160 hours or until replacement is on board which ever is occurs first. 12/11/87 75-0264 C' I 2 3 4 5 6 7 8 9 to II 12 13 ]4 of ]5 16 , I 17 I 18 I , I 19 , " i 20 21 22 II 2J :1 24 il i , 25 I 26 I " 'I :1 27 II , I 28 i I I " " /'-. '-' "-.../ RESOLUTI ON NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HAROLD A. PARKEY RELATING TO CONSULTING SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- NARDINO 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 Harold A. Parkey relating to consulting services, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though 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 day , 198 , by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk ! The foregoing resolution is hereby approved this day of ,198_ Mayor of the Clty of San Bernardlno Approved as to form and legal content: /' / ' , ..AII'_ -~/ ..c-;....-...~ ,,~~~ ,/ ~.' --. );{ty Attorney C' ~ - ........ '-'" A G R E E MEN T 2 (Consulting Services) THIS AGREEMENT is entered into on this day of 3 <I , 198_, by and between the CITY OF SAN BERNARDINO, a munici- 5 pal corporation, hereinafter referred to as "City", and HAROLD A. PARKEY, 6 hereinafter referred to as "Consul tant". 7 The parties agree as follows: 8 1. Recitals. City is in need of an individual ~lith knowledge and exper- tise of the City's purchasing system to assist in the Senior Buyer capacity ,I and such other services to help reduce the current extraordinary backlog. l} 10 11 2. General. For and in consideration of the compensation and covenants 12 hereinafter mentioned to be made and performed by Consultant, City retains ]3 Consultant and Consultant agrees to perform services as set forth herein. 14 3. Duties of Consultant. The Consultant shall perform consulting ser- 15 vices relating to the Senior Buyer capacity and per the job description con- 16 ducted by City and such other services deemed necessary by the Purchasing 17 Agent of the City of San Bernardino. 18 4. Payment by City. City shall pay consultant for all services to be 19 rendered under the provisions of this agreement an hourly sum of $13.00 per 20 hour, for a miximum of 160 hours, for a total sum not to exceed $2,080.00. 21 5. Term. This agreement shall be effective January 1, 1988, and shall 22 terminate when the 160 hours have been provided, or at such earlier time as 23 City may direct. 24 6. Unilateral Termination. This agreement may be terminated by either 25 party by giving three (3) days' written notice to the other, and this agree- 26 men shall terminate forthwith three (3) days following the date said written 27 I' notice is given. I, 7. Amendment. 1 I II 12/09/87 This agreement may be amended or modified only by writtenl I , 28 . C' -- - - ",...., " - .-..,,/ 2 enforce any provision of this agreement shall not be construed as a waiver of agreement signed by both parties and failure on the part of either party to 4 5 6 7 8 'I 10 II II I I 12 I )1 , 13 I , 14 : 15 16 17 18 I Ii 19 II " 20 II Ii 2\ il 22 II I , 23 , 24 25 26 :, , 27 i: Ii " 28 il I! II I I I Ii the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this agreement. 8. Assignment. Consultant has qualifications unique to him alone. For that reason, the responsibilities to be carried out by Consultant under this agreement shall not be assigned by Consultant without the written consent of City. 9. Notices. All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino c/o Director of Finance 300 North "D" Street San Bernardino, CA. 92418 Harold A. Parkey 850 Bussey St. San Bernardino, CA. 92405 10. Relationship of Parties. It is understood that the contractual relationship of the Consultant to the City is that of independent contractor. 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 agree-I I ment. Any direction or control so required under this agreement shall be ! ! limited to broad objectives or goals of the project or program to be accom- plished 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. 1?/09/R7 . C' - ... - "'"' '-' ,- v ) _ 1 11. Hold-Harmless Aqreement. Consultant hereby agrees to, and shall, 2 hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage 4 for personal injury, including death, as well as from claims for property 5 damage which may arise from Consultant's operations under this agreement. 6 Consultant agrees to, and shall, defend City and its elective and appointive 7 boards, commissions, officers, agents and employees from any suits or actions 8 at law or in equity for damages caused or alleged to have been caused, by 9 reason of any of the aforesaid operations. ]0 IN WITNESS WHEREOF, the parties hereto have executed this agreement on II the date fi rst herei nabove written. 12 CITY OF SAN BERNARDINO ATTEST: 13 By -i , I ! 14 Mayor 15 I City Cl erk 16 CONSULTANT 17 18 I ~L .. Ii /'" .~' ,-' (;? vtJ4:'C(/ ':--/ /. HAROLDA. PARKEY / .." ~i}L' ) r'- J9 20 21 Approved as to form and legal 1 i/ " II -/~~ 7 :1 ~(Attorney [' ... , / t/ I' Ii Ii II I' I! I' I ,; content: 22 ? \:-'--:?_~~ 1/ - ......... 23 24 25 26 27 28 I II II I' ,I I' !I 12/09/87