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HomeMy WebLinkAbout48- Purchasing CIT a OF SAN BERNARDIL_J — REQUE T FOR COUNCIL AC: N From: Dean Meech, Purchasing AgeWD.-AD11114. ',''subject: Agreement With Harold A. Parkey Dept: Department of Purchasing Date' February 16, 1988 Synopsis of Previous Council action: RESOLUTION 87-436 AUTHORIZING TEMPORARY ASSISTANCE i Recommended motion: II ADOPT RESOLUTION EXTENDING SERVICE � r Si 9 nat re Contact person: Dean Meech Phone: 124-5085 Supporting data attached: See Resolution Ward: N/A FUNDING REQUIREMENTS: Amount: 12.496.00 Source: (ACCT. NO.) 001-122-53150 (ACCT. DESCRIPTION) prufpssinnalyfnntract SPrvicP I Finance: )J Council Notes: 7 ly "� CITY OF SAN BERNARD140 - REQUEST FOR COUNCIL AC1"I6N STAFF REPORT On December 9, 1987 this department requested temporary assistance of the retiring Senior Buyer, Mr. Harold Parkey. I Council Action was submitted and Council approved Mr. Parkey' s service for 160 hours. Resolution 87-436. The 160 hours have been used up. A replacement is not yet on board. This Council Action Request is for an extension of Mr. Parkey' s service for an, additional 192 hours. Council please note this is purchasing' s most active time of the year. Preparing all formal bid requirements for the coming year along with preparation of over 300 upcoming orders plus the year end closing of all departments from year purchase requirements. The temporary assistance is not only needed for level of service 'but would be most appreciated in helping purchasing reaching its required objectives. Dean R. Meech, Purcha ing Agent I i I I i I I I 75.0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HAROLD A. PARKEY RELATING TO 3 CONSULTING SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is 6 hereby authorized and directed to execute on behalf of said City 7 an Agreement with Harold A. Parkey relating to (consulting services , 8 a copy of which is attached hereto, marked Exhibit "A" and in- 9 corporated herein by reference as fully as though set forth at 10 length. it I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the City of San 13 Bernardino at a meeting thereof, held on the _ 14 day of 198_, by the following vote , to wit: 15 AYES: Council Members 16 17 NAYS: 18 ABSENT: 19 20 21 City Clerk 22 The foregoing resolution is hereby approve this day I 23 of 19�_ 24 25 Mayor of the City of San Bernardino 26 Approved as form and legal content: r 27 28 ,,C.Yty Attorney 2-17-88 i 1 A G R E E M E N T 2 (.Consulting Services) 3 THIS AGREEMENT is entered into on this day of 4 , 198 , by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter referred to as "City" , and 6 HAROLD A. PARKEY, hereinafter referred to as "Consultant. " 7 The parties agree as follows : 8 1 . Recitals. City is in need of an individual with know- 9 ledge and expertise of the City' s purchasing system to assist in 10 the Senior Buyer capacity and such other services to help reduce 11 the current extraordinary . backlog. 12 2 . General . For and in consideration of the compensation 13 and covenants hereinafter mentioned to be made and performed by 14 Consultant, City retains Consultant and Consultant agrees to 15 perform services as set forth herein. 16 3 . Duties of Consultant. The Consultant shall perform con- 17 sulting services relating to the Senior Buyer capacity and per the 18 job description conducted by City and such other services deemed 19 necessary by the Purchasing Agent of the City of San Bernardino. 20 4 . Payment by City City shall pay consultant for all ser- 21 vices to be rendered under the provisions of this agreement an 22 hourly sum of $13. 00 per hour, for a maximum of 192 hours, for a 23 total sum not to exceed $2 , 496 . 00 . I 24 5 . Term. This agreement shall be effective March 7 , 1988 25 and shall terminate when the 192 hours have been provided, or at 26 such earlier time as City may direct. 27 6. Unilateral Termination. This agreement may be terminated 28 by either party by giving three (3) days ' written notice to the 2-17-88 1 other, and this agreement shall terminate forthwith three (3) days 2 following the date said written notice is given. 3 7 . Amendment. This agreement may be amended or modified 4 only by written agreement signed by both parties and failure on 5 the part of either party to enforce any provision of this agree- 6 ment shall not be construed as a waiver of the right to compel 7 enforcement of such provision or provisions , nor act to release 8 any surety from its obligations under this agreement. 9 8 . Assignment. Consultant has qualifications unique to him 10 alone. For that reason, the responsibilities to be carried out by 11 Consultant under this agreement shall not be assigned by Consult- 12 ant without the written consent of City. 13 9 . Notices . All notices herein required shall be in writing 14 and delivered in person or sent by certified mail , postage prepaid 15 addressed as follows: 16 City of San Bernardino Harold A. Parkey c/o Director of Finance 850 Bussey Street 17 300 North "D" Street San Bernardino, CA. 92405 San Bernardino, CA. 92418 18 10 . Relationship of Parties . It is understood that the con- 19 tractual relationship of the Consultant to the City is that of 20 independent contractor. In the performance of 'personal services 21 pursuant to the provisions of this agreement, Consultant shall not 22 be supervised, directed, or under the control or authority of any 23 City officer or employee, except and to the extent as may be 24 expressly or implicitly required by the terms and provisions of 25 this agreement. Any direction or control so required under this 26 aareement shall be limited to broad objectives or goals of the 27 project or program to be accomplished and not to the details and 28 procedures to accomplish such objectives or goals. Consultant 2-17-88 -2- AWN 1 shall not be obligated to conform to the supervision or direction 2 of City officers or employees which are not authorized herein. 3 Changes or modifications of said objectives and goals may be made 4 by written recommendations of either party subject to the con - 5 currence of the other party in writing. 6 11 . Hold-Harmless Agreement. Consultant hereby agrees to , 7 and shall , hold City, its elective and appointive boards, com- b missions, officers , agents and employees , harmless from any 9 liability for damage or claims for damage for personal injury, 10 including death, as well as from claims for property damage 11 which may arise from Consultant' s operations under this agreement. 12 Consultant agrees to, and shall , defend City and its elective and 13 appointive boards, commissions , officers , agents and employees 14 from any suits or actions at law or in equity for damages caused 15 or alleged to have been caused, by reason of any of the aforesaid 16 operations. 17 IN WITNESS WHEREOF, the parties hereto have executed this 18 agreement on the date first hereinabove written. 19 ATTEST: CITY OF SAN BERNARDINO 20 21 By: City Clerk Mayor 22 23 CONSULTANT 24 25 26 HAROLD A. PARKEY 27 Approved as to form and legal content: 28 2-17-88 P!X�q y Attorney -3-