Agenda Report - April 20, 1983 (42)soon Mm- ;4
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Continued June 2, 1982
ITEMS REMOVED With the tacit concurrence of the Council, Agenda Item "c"
TO REGULAR "Award - Landscape Maintenance Contract' was removed to the
CALENDAR Regular Calender.
City Manager Glaves presented the following bids which had been
received for "City Hall Complex Janitorial Contract".
AWARD -CITY HALL Following recommendation of the City Manager, Council adopted
COMPLEX JANITORIAL the following resolution:
CONTRACT
' ��(►,� RESOLUTION NO. 82-53
RES. NO. 82-53 CC'
RESOLUTION AWARDING THE CONTRACT FOR THE CITY HALL
COMPLEX JANITORIAL SERVICE TO A-1 JANITORIAL SERVICE,
LODI, IN THE AMOUNT OF $2,992.03 PER MONTH.
EASTERN SAN JOAQUIN City Manager Glaves presented a letter from George Barber,
COUNTY GROUND WATER County Supervisor and President, East San Joaquin County Mater
STUDY ENDORESED Users Association, asking the City of Lodi to formally endorse
/ the County's proposed "eastern San Joaquin County Ground Water
Study. It is estimated that the study will cost $300,000 -
$350,000. It is proposed that these funds be raised through
benefit assessments based on land areas within the study sone
(352,000 acres). It is proposed that the total assessment be
applied over a 2 - 3 year period and would amount to approximately
$0.50 for an average Lodi Lot. Council adopted the following
resolution.
RES. NO. 82-54 RESOLUTION NO. 82-54
RESOLUTION ENDORSING THE COUNTY'S PROPOSED "EASTERN
SAN JOAQUIN COUNTY GROUND NATER STUDY".
AGREEMENT WITH COUNCIL APPROVED AGREEMENT WITH DEBCO TOWING FOR TOWING OF
--DEBCO TOWINGro\ ABANDONED VEHICLES AND AUTHORIZED THE CITY MANAGER AND CITY
APPROVED (�%'!f' ) CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
AGREEMENT FOR COUNCIL APPROVED THE AGREMENT WITH DOROTHY SEIBEL FOR THE LODI
LODI LAKE CONCES LAKE CONCESSION STAND, FOR A ONE YEAR PERIOD, AND AUTHORIZED
SION STAND APPROVED THE MAYOR ARID CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF
r OF THE CITY.
S..J/e.MCOMM DATA COUNCIL ADOPTED RESOLUTION NO. 82-55 APPROVING AN AGIMEMENT
Continued June 2, 1982
ITEMS REMOVED
TO REGULAR
AWARD -CITY HALL
COMPLEX JANITORIAL
CONTRACT
0
E
With the tacit concurrence of the Council, Agenda Item "c"
"Award - Landscape Maintenance Contract' was removed to the
Regular Calendar.
City Manager Glaves presented the following bids which had been
received for "City Hall Complex Janitorial Contract".
Following recommendation of the City Manager, Council adopted
the following resolution:
(a� RESOLUTION NO. 82-53
RES. NO. 8 2- 53 Cp '
EASTERN SAN JOAQUIN
COUNTY GROUND WATER
STUDY ENDORESED
RES. NO. 82-54
AGREEMENT WITH
-w
APPPROTOWING
AROVED elt (aEa�
RESOLUTION AWARDING THE CONTRACT FOR THE CITY HALL
COMPLEX JANITORIAL SERVICE TO A-1 JANITORIAL SERVICE,
LODI, IN THE AMOUNT OF $2,992.03 PER MONTH.
City Manager Glaves presented a letter from George Barber,
County Supervisor and President, East San Joaquin County Water
Users Association, asking the City of Lodi to formally endorse
the County's proposed "easterr, San Joaquin County Ground Water
Study. It is estimated that the study will cost $300,000
$350,000. It is proposed that these funds be raised through
benefit assessments based on land areas within th.a study zone
(352,000 acres). It is proposed that the total .a.ssessment be
applied over a 2 - 3 year period and would amount: to approximately
$0.50 for an average Lodi Lot. Council adopted the following
resolution.
RESOLUTION NO. 82-54
RESOLUTION ENDORSING THE COUNTY'S PROPOSED "EASTERN
SAN JOAQUIN COUNTY GROUND WATER STUDY".
COUNCIL APPROVED AGREEMENT WITH DEBCO TOWING FOR TOWING OF
ABANDONED VEHICLES AND AUTHORIZED THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
AGREEMENT FOR COUNCIL APPROVED THE AGREMENT WITH DOROTHY SEIDEL FOR THE LODI
LODI LAKE CONCES- LAKE CONCESSION STAND, FOR A ONE YEAR PERIOD, AND AUTHORIZED
SION STAND APPROVES THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY - --- -------
S. J.
---.S.J. COUNTY DATA COUNCIL ADOPTED RESOLUTION NO. 82-55 APPROVING AN AGREEMENT \
PROCESSING WITH THE COUNTY FOR DATA PROCESSING SERVICES REGARDING PARY.ING
SERVICES AGREE- VIOLATION CITATION IlLFORMATION AND AUTHORIZED THE CITY MANAGER
NENT RE PARKING AND CITY CLERK TO EXe.CUTS THE AGREEMENT ON BEHALF OF THE CIT
VIOLATION CITATION _
APPROVED
RES. NO. 81.-77 `• ` f 1--- -
Agenda item "i" - "Hutchins Street Alley (between Lee and
Hutchins and Walnut and Lodi Avenue) was introduced by City
Attorney Stein. City Attorney Stein apprised the Council that
in approximately September, 1978, Maurice Ray purchased the
lot on the South side of the alley from the Lodi Unified School
District and in January 1979, the City Council filed notice
of intent to abandon the alley at Mr. Ray's behest. Mr. Ray
intended to build an office builidng on his parcel. In February,
1979. the abandonment was denied by the Council because of Mr.
Campbell's objections. In March 1979, Mr. Ray offered to rent a
portion of the alley and the Council authorized a quiet title
suit to obtain the property on the north side of the alley. Said
quiet title action was to be paid for by Mr. Ray.. Attached hereto
are copies of the Council Minutes of March 21, 1979. Since March
of 1979, the City Public Works Department and the City Attorney's
office have attempted to work out an agreement between the property
owners on the north side of the alley for the deeding of the alley
as it was constructed. Unfortunately, the City has reached
somewhat of an impasse and at this time is interested in direction
from the Council as to the Pursuing ,of the quiet title action.
4
07Y COUNCIL
tVFLYN M. OLSON. Mayor
JOHN R. (Randy) SNIDER
Mayor Pro Tempore
ROBERT G. MURPHY
JAMES W. PINKERTON. Jr.
_FRED M REID
1 HENRY A CLAVES. Ir
City Manager
CITYOF L O D I ALICE M. RE IMCHE
CITY HALL. 221 WEST PINE STREET City Clerk
POST OFFICE BOX 320 RONALD M STE1.14
LODI. CALIFORNIA 95241 City Attorney
(209) 334-5634
May 2, 1983
Billie D. Nails
Director of Data Processing
County of San Joaquin
24 South Hunter Street
Room 5
Stocktbn, CA 95202
Dear Mr. Nails;
Enclosed herewith please find executed agreements for
providing data processing services to the City of Lodi for
-- fiscal year 1983-84 which was approved by the Lodi City
Council at its regular meeting of April 20, 1983.
As soon as this agreement is fully executed please forward a
copy to this office.
Very truly yours,
aw" A X44.
Alice M. R imche
City Clerk
AMR: jj
RESOUYrICNT NO. 83-27
RESOLt ON APPROVING AGRE EMEW TIM
COLW Y OF SAN JOAQUIN WHEREBY THE
COUN N AGREES 'R: PROVIDE CERTAIN
DATA PROCESSING SERVICES TO THE
CITY OF LCDI
RESOLVED that the City Council of the City of Lodi
does hereby approve an agreement with the County of
San Joaquin whereby the County agrees to provide
certain Data Processing servies to the City of Lodi, a
copy of which agreement is attached hereto, marked
Exhibit -A- and thereby made a part hereof.
BE IT MMM RESOLVED, that the City Manager and City
Clerk are hereby authorized to execute the agreement
on bahalf of the City.
Dated: April 20, 1983
I hereby certify that Resolution No.
83-27 was passed and adopted by the
Ci Cm=il of the Ci of Lodi in
City City
a
regular meeting
held
by the following
vote.
i
Ayes: Council Members - Murphy, Snider,
j Heid, Pinkerton,
j and Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Reimche
City Clerk
A G R E E M E N
VP
THIS AGREEMENT, made and entered into this 1st day of July, 1963,
by and between the COUNTY OF SAN JOAQUIN, through its Data Processing
Division, hereinafter referred to as "COUNTY" and CITY OF LODI,
hereinafter referred to as "CONTRACTOR";
WITNESSETH:
WHEREAS, COUNTY provides the following services to CONTRACTOR:
and;
WHEREAS, COUNTY has certain data processing equipment and is able
to provide data processing services which CONTRACTOR desires to use in
its operationsr;
IT IS HEREBY AGREED between the parties as follows:
1. COUNTY will provide the services and equipment for
the estimated annual amount of compensation as
shown in Attachments "A" and "B".
This total services and equipment which CONTRACTOR
may utilize purruant to this agreement shall not
exceed that which has been set forth in Attachments
"A" and "B". The total maximum compensation to
COUNTY pursuant to this agreement shall not exceed
$8,218.00 per fiscal year. COUNTY shall bill
CONTRACTOR only for actual services performed and
equipment provided one (1) month after services are
performed and equipment is provided. CONTRACTOR
shall provide full payment to COUNTY of the billed
amount by the fifteenth day of the date of billing.
2. In the event that COUNTY'S cost of services and
equipment is increased due to any Season, COUNTY
may increase the rate of compensation (which may
also result in the estimated annual amount of
compensation provided herein to be increased) for
services and equipment provided herein upon COUNTY
so notifying CONTRACTOR, in writing, no less than
thirty (30) calendar days in advance of the
intended change of rate of compensation. ,
CONTRACTOR shall be allowed the option to terminate '
this agreement in accordance with the provisions of
Paragraph 5 in the event of an increase in the rate
of compensation.
CON 01-02 -1-
3. Service equipment under this a __ement are
limited solely to the ongoing services, systems,
and equipment listed in Attachments "A" and "B"
which are in operation on the effective date of
this agreement. Services and equipment not covered
in this agreement may be provided to CONTRACTOR at
COUNTY'S OPTION SUBJECT TO THE FOLLOWING
CONDITIONS:
(a) CONTRACTOR must submit a written re --
quest for the additional services
and/or equipment which has been signed
by the appropriate agency official,
and
(b) Additional services and/or equipment
shall be provided at the current
rates of compensation and shall be
billed as additional items over and
beyond the total estimated annual
amount of compensation designed in
this agreement.
Maintenance in connection with the equipment
provided under this agreement is included in the
rate of compensation for equipment and will not be
billed as an additional charge to CONTI.ACTOR.
4. The term of this contract shall be one year
beginning July 1, 1983, and ending June 30. 1984.
5. This contract may be terminated by either party
upon thirty (30) calendar days advance written
notice to the other party. Services provided for a
portion of a month shall be paid for by CONTRACTOR
on the basis of the actual services utilized.
6. All rental equipment in the possession of
CONTRACTOR shall be returned to COUNTY in the same
condition as it was delivered to CONTRACTOR, less
normal wear and tear. COUNTY shall be compensated
by CONTRACTOR for all loss or damage to said
equipment which is not the result of a wilful or
negligent act by COUNTY and which does not
constitute normal wear and tear.
The CONTRACTOR agrees that it shall indemnify and
hold harmless the COUNTY, the members of its Hoard '
of Supervisors, its officers, agents, and
employees, from and against all demands, claims,
damages, losses, expenses, and costs including
attorneys' fees and court costs arising out of
and/or resulting from the performance of the
activities and services contemplated by this
agreement, except for demands, claims, damages.'
losses, expenses, and costs resulting from the sole
and exclusive negligence of the COUNTY.
CODs 01-02 -2-
• The CONT�N'TOR at its own expense aArisk shall
` defend against any and all demands, actions, suits,
• claims, or other legal proceedings that may be
brought or instituted against the COUNTY, the
members of its Board of Supervisors, its officers,
agents, or employees, arising out of and/or
resulting from the performance of the activities
and services contemplated by this agreement, except
those demands, actions, suits, claimA, or other
legal proceedings resulting from the sole and
exclusive negligence of COUNTY or those brought by
employees or agents of COUNTY concerning their
employment or agency relationship.
7. In the event of errors in data processing results
due to the failure of COUNTY'S equipment, software,
circumstances beyond the control of COUNTY, or the
failure of COUNTY'S employee(s) to operate the
equipment in accordance with COUNTY'S standard
operating procedures, or COUNTY'S inability to
provide data processing services due to
circumstances beyond its control. COUNTY'S
liability shall be limited to either subparagraph
(w) or (b) below, either of which will be
considered to be CONTRACTOR'S exclusive remedy:
(a) The correction of errors of which
COUNTY has received written notice
and proof or the performance of the
service, whichever is the situations
or
(b) Where such correction or performance
of service is not practicable,
CONTRACTOR shall be entitled
to an equitable credit not to exceed
the charges invoiced to CONTRACTOR for
that portion of the service which
produced the erroneous result or for
that portion of the servi--e which
could not be performed, whichever is
the situation.
COUNTY shall be liable for the loss, destruction or
damacle to CONTRACTOR'S supplied materials only if such
loss, destruction, or damages was due to the negligence
of COUNTY and CONTRACTOR'S sole remedy shall be COUNTY
restoring the same, provided such restoration can be
reasona*iy performed by COUNTY and provides that
CONTi"ACTOR provides COUNTY with all source data
necessary for such restoration in similar form to that
normally presented to COUNTY under this Agreement. -
CON 01-02 -3-
R. The CONTI .'TOR, and the agents and e;..ployees of
CON`.* ACTOR, in the performance of this agreement,
shall act in an independent capacity and not as
officers or employees or agents of COUNTY.
9. Without the written consent of COUNTY, this
agreement is not assignable by CONTRACTOR either in
whole or in part.
10. Time is the essence of this agreement.
11. No alteration, variation, or modification of the
terms of this contract shall be valid unless made
in writing and signed by the parties hereto, and no
oral understanding or agreement not incorporated
herein, shall be binding on any of the parties
hereto.
12. CONTRACTOR shall comply with the California Fair
Employment Practices Act (Labor Code Section 1410,
et seq.) and any amendments thereto.
This contract may, at the option of COUNTY be terminated
or suspended in whole or in part in the event CONTRACTOR
fails to comply with the nondiscrimination clause of the
contract. In the event of termination under this paragraph,
COUNTY shall be compensated for goods and services provided
to the date of termination. Termination or suspension shall
- be effective upon receipt of written notice thereof.
IN WITNESS WHEREOF the partie3 hereto have executed this
agreement the day and year first written above.
APPRDVED AS TO FORM:
GERALD A. SHERWIN
County Counsel
By
AZCCA!A-;VEyLIX
Deputy Co n?y Counsel
CON 01-02
COUNTY OF SAN JOA(,UIN, a
political subdivision of
the State of California
C.E. DIXON
County Administrator
'COUNTY"
CI OF LOD
By
Henry Gloves
Title�• •�
vi M r•
CONT Q 'OR"
Attest:
ce e •
City Clerk
-4- -
ATTACHMENT A
CITY OF LODI
I. Estimated Annual Cost of Services
A. Labor Distribution System
B. County Law Enforcement System
1. Data Entry Time
5 hours of Data Entry Time
at $12.00 per hour
2. Central Computer Time
50 hours of computer time
at $65.00 per hour.
3. Teleprocessing Transactions
?An average 66,000 transactions
per year at $.03 each
4. Systems and Programming Time
5 hours of Systems and Programming
Time at(-I30.00'per hour
S. Program Library Maintenance
5 Program complies at
$18.00 each
CON 01 -02
-5-
TOTAL
$ . 60.00
$ 3,250.00
$ 1,980.00
$ 150.00---
90-00
$ 5,530.00
CITY OF LODI
II. Estimated Annual Cost Equipment
A. Terminals
One (2) ADM CRT at $100.00
per month
B. Permanent Data Storage
9 Cylinders of disc storage
at $24.00 per month
TOTAL
CON 01-02 -6-
ATTACHMENT B
$2,400.00
$ 288.00
$2,688.00
T 1983 - 1984
Data rocessin9 q
Direct Char e4 -
CLIENT AGENCY: City of Lodi - PD BUDGET UNIT NO: 920000
BUDGET SUMMARY OF ALL SERVICES
TIME MATERIALS RATE HOURS QUANTITY ANNUAL COST
Data Entry
$ 12.00
5
********
Comunication Line(s)
Central Computer
65.00
50
**+*****3,250
Teleprocessing Trans.
.03
****+
66,000
11980
Systems 6 Programming
30.00
5
**+++***
150
Program Maintenance
18.00
*****
5
90
Microfiche
*****
*****+**
Miscellaneous
*****
********
SUB TOTAL
$ 5,530
EQUIPMENT UTILIZATION QUANTITY MONTHLY COST ANNUAL COST
CRT (Terminals)
2
200
2,400
Comunication Line(s)
Printers
Disk Usage (CYL)
9
24
288
Data Entry Units
Data Entry Systems
Special Equip. Maint.
Other - Use Charge
SUB TOTAL
2, 688
TOTAL COSTS TO BE INCLUDED
IN DEPARTMENTS 0220-0007 ACCOUNT $ 8,218
BUD -DC 01-41
BILLIE D. NAIL6
DiRCCTOR OI 'DATA PROCCaHNO
ti
COUNTY OF SAN JOA%)U1N
DATA PROCESSING DIVISION
24 South Hunter Street• Room S
STOCKTON. CALIFORNIA 95202
TELEPHONE (209) 944-2566
March 28, 1983
Lodi Police Department
213 West Elm Street
Lodi, California 95240
Dear Mr. Glaves:
Enclosed is an Agreement for providing data processing services
to your agency for fiscal year 1983-84. Please return the signed
Agreement to me.
Upon receipt of the signed Agreement, I will forward the
Agreement to our County Administrator for his signature. When
the County Administrator has signed the Agreement I will return a
copy for your records.
Please call if you have any questions.
Sincerely,
BILLIE D. NAILS
Director of 'Data Processing
BDN:pp
CON 01-12
CON 30-03