HomeMy WebLinkAboutAgenda Report - April 6, 1988 (61)COUNCIL
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
I, -
C 0 M M U N I C A T O N
COUNCIL MEETING DATE
April 6, 1938
SUBJECT: AUTHORIZE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENT FOR THE COUNTY
OF SAN JOAQUIN TO PROVIDE DATA PROCESSING SERVICES M THE CITY OF LODI FOR
FISCAL YEAR 1988-89
PEAR 17 188
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/' City Manager's Office
Owe
GEORGE HONG
BILUE D. NAILSDIRECTOR OF �SYSTEMS AND PROGRAMMING
DATA PROCESSING MANAGER
COUNTY OF SAN JOAQUIN
DATA PROCESSING DIVISION
24 SOUTH HUNTER STREET. ROOM 5
STCCKTON. CALIFORNIA 95202
TELEPHONE 12091 944-2566
March 11, 1988
City of Lodi
Mr. Thomas Peterson
Call Box 3006
Lodi, CaliforAia 95241-1910
Dear Mr. Peterson:
Enclosed is an Agreement for providing
data processing services
to your agency for Fiscal Year 1988-89.
Please review and sign'
the Agreement and return the original
to me.
Upon, receipt of the signed `Agreement,
I willforward the
';it to our"County:'Administrator for his
signature.,. A copy of the
fully executed; Agreement will be't:
to you once"the ;County
Administrator has signed it.
Please call if you have.any questions.
Sincerely,
BILLIE D. NAILS
Director of Data Processing.
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A G R E E M E N T
THIS AGREEMENT, made and entered into this lst day of July, 1988,
by an? between the COUNTY OF SAN JOAQUXN, through its Data Processing
Division, hereinafter referred to as "COUNTY" and CITY OF LODX,
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 operations:
IT IS HEREBY AGREED between the parties as follows:
1: COUNTY will provide the services and equipment for
'the estimated annual 4m�unt of compensation as
shown in Attachmei_ts 'A and t,Bto .
The total services and equipment which CONTRACTOR
may utilize pursuant to this agreement shall.,,not
3. Service and equipment under this agreement 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 CONTRACTOR.
4. The term of this contract shall be one year
beginning July 1, 1988, and ending June 30, 1989.
5. This contract may be terminated by either party upon
CON„01=02
-2-,
the performance of the activities and services con-
templated by this agreement, except for demands,
claims, damages, losses, expenses, and costs result-
ing from the sole and exclusive negligence of the
COUNTY, or it's agents.
The CONTRACTOR at its own expense and risk 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, claims, or other legal
proceedings resulting from the sole and exclusive
negligence of COUNTY, or it's agents, 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 equipnent, software,
3 . The CONTK,�CTOR, and the agents and employees of
CONTRACTOR, 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 ox in part.
10. Time is the essence of: this agreement.
11. No alteration, variation, or modification cf 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 parties hereto have executed this.
agreement the day and year first written above.
=
COUNTY OF SAN JOAQUIN,,:a-:
political subdivision -of,
the State ` of. California ...
,
By
DAVID D.~ROWLANDS, JR.
County.. Administrator
•• COTY"
..'APPROVED. AS TOFORM:.
JQHN CHEADLE CITY OF_.LODI_
County"Counsel - -'
By
• s: .,, a so=;_
- : By Title City Manager ...
REBECCA A. A
Deputy Count Cou a "CONTRACTOR"
Approved as t -6 farm Attest: °.
Ronatd M: S in Alice M. Reimche
City. Attorney.: City Clerk =
. CON 01 02
r
CITY OF LODI
I. Estimated Annual Cost of Services
A. County Law Enforcement System
I. Teleprocessing Transactions
An average 50,000 transactions
per year -at '$.07 each
ATTACHMENT A
$ 3,500.00
TOTAL $ 3,500.00
ATTACHMENT B
CITY OF LODI
II. Estimated Annual Cost Equipment
A. Terminals
Two (2) ADM CRT at $35.00 ea.
per month 840,-00
TOTAL $ 840.00
RESOLUTION NO. 88-39
RESOLUTION APPROVING AGREEMENT WITH THE COUNTY OF SAN JOAQUIN FOR THE COUNTY TO
PROVIDE DATA PROCESSING SERVICES TO THE CITY OF LODI FOR FISCAL YEAR 1988-89
RESOLVED, that the City Council of the City of Lodi does hereby approve
Agreement with the County of Sar. Joaquin for the County to provide data
processing services to the City of todi for fiscal year 1988-89, a copy of
which i s attached hereto, marked Exhibit A and thereby made a part hereof.
BE IT FURTHER RESOLVED, that the City Manager and City Clerk are hereby
authorized to execute the subject Agreement on behalf of the City of Lodi.
Dated: April 6, 1988
CITY COUNCIL
VD8114 f1 �RafbdS M[,Kavor
Mavor Pro Tempore
DAVID .tit HINCIiMAN
JAMES W. PINKERTON. Jr
FREDM REID
CITY OF LORI
CITY HALL. 221 WEST PINE STREET
CALL BOX 3006
LODt CALIFORNIA 952 41-1 91 0
(209)331-5634
TELECOPIER 10941116795
April 8, 1988
County of San Joaquin
Data Processing Division
24 South Hunter Street, Room 5
Stockton, CA 95202
Gentlemen:
THOMAS A PETERSON
City Manager
ALICE NI RLIMCHE
City Clerk
RONALD M STEIN
City Attorney
RESOLUTION NO. 88-39
RESCLLTIUN APPROVING AGREEMENT FOR THE COUNTY OF SAN JOAMUIN FOR THE COUNTY TO
PROVIDE DATA PROCESSING SERVICES TO THE CITY OF LODI FOR FISCAL YEAR 1988-89
RESOLVED, that the City Council of the City of Lodi does hereby approve an
Agreement whereby the County of San Joaquin will provide data processing
services to the City of Lodi for fiscal year 1988-89, a copy of which is
attached hereto, marked Exhibit A and thereby made a part hereof.
BE IT FURTHER RESOLVED, that the City Council of the City of Lodi does hereby
authorize the City Manager and City Clerk to execute the subject Agreement on
behalf of the City.
Dated: April 6., 198
I hereby certify that Resolution No. 88-39 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 6, 1988 by the
following vote:
A G R E. F �1 E N T
THIS AGREEMENT, made and entered into this lst clay of July, 1987,
by and between the COUNTY OF SAN JOAQUIN, rhrough 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 operations;
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 8 .
The total services and equipment which CONTRACTOR:
may utilize pursuant to this agreement shall not
exceed -that which has been set forth in Attachments
"A" a.nd "B" The total maximum comperrat-ion
COUP: t'Y pursuant to this agreement shall not` exceed
$5,900.00 per fiscal year. COUNTY shall bill
CONTRACTOR only for actual services perfnrmed aiid
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.
In ,the event payment is not made in accordance;. with
this rovision COUNTY ma
p y, at its option, terminate
the agreement in accordance with the provisions 'of
Paragrapl, 5.
2 In :_the event that COUNTY'S cost of. services:__and, :.
` e ui merit is increased due to an reason, c:OUNTY.
q P Y:
may increase the rate of compensation (whicY may.
also result in the estimated annual amount of
.,compensation provided herein to be increased) :for
..services and equipment provided. herein upon-'CnTinrry
so-notif in CONTRACTOR, in writing, no';lessthan
-notifying g
ninety. (90) calendar days in advance of.;, the
i A<.•:
intended ,change 'of :,rate of compensation'.
CONTRACTOR`: shall. - be'alloured the option�`to-,.'.terminate
this `agreement inaccordance with -'the provisi.ons',:.of
'Paragraph_:5 in the,event of an increase in :the `rate
of compensation'
eoNoz oz �_
st,.
3 • Service and equipment r.nder this agreement are
limited solely to ttij,, c ongoing services, systCms
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 co Che 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 CONTRACTOR.
4•
The term of this contract shall be one year
beginning July 1' 1987, and ending June 30, 1988•.
i.
5•
This contract may be terminated by either" party upon
thirty (30) calendar days advance written notice to
the other party. Notwithstanding such termination,
CONTRACTOR shall compensate COUNTY for the actual.
services performed and equipment.provided through the.'
date the t -e r.minarian of the ca•ntra" is effective-
If CONTRACTOR fails to.timely compensate COUNTY. as;:
provided in this contract, CONTRACTOR shall beheld
s
liable for''the reasonable cost of collecting such.':
4
`:`compensation
including attornevs fees and..court costs
;ncurred by COUNTY.
's
6..
All. rental: e,quipment.in the possession _of CONTRACTOR
shall : be` returned to COUNTY. in the 'same:, condition :`as
It was delivered'.to CONTRACTOR, Tess normal wear and
tear. 'COUNTY shall be compensated by CONTRACTOR.for
,
all ..loss= or damage ' to sand: equipment" "which is . not
result of a wilful or negligent act by"COUNTY-and
.
'which.does.not
constitute normal wear.'and,'tear;:•"
The CONTRACTOR agreds that it sha1Z indemnify and
hold'harmless the COUNTY, the members of.. its., Board,: of
Supervisors liilts,officers,`. agents,;.and.:,employees,.
from and against all demands, claims, damages,'
lasses, expenses, and costs including attorneys' fees
and court costs arising out of `and/or"resulting ,from
fy
"
the performance of t}te activities and service..; con-
templated by Lois agreeiiienL, iexcepu for (IetilaAs,
claims, damages, losses, expenses, and costs result-
ing from Lhe sole and exclusive negligence of the
COUNTY, or it's agents.
The CONTRACTOR at iLs own expense and risk shall
defend against any and all demands, actions, suits,
claims, or other legal proceedings that may be
brought or instituted against rhe 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, claims, or other legal
proceedings resulting from the sole and exclusive
negligence of COUNTY, or it's agents, or those
brought by employees or agents of COUNTY concerning
their employment or agency relationship.
8. The CONTRACTOR, and the agents and employees of
CONTRACTOR, 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 mo,?ification of the
terns 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.
ATTACHMENT A
CITY OF LODI
M Estimated Annual Cost aL—Services
A. Ccunty Law Enforcement System
1. Teleprocessing Transactions
An average 50,000 transactions
per year at $.07 each $ 3,500.00
TOTAL $ 3,500..00
CITY OF LOUT
II. Estimated Annual Cost Egui.prtenz
A. Terminals
Two (2) ADM CRT at $100.00 ea.
per month
TOTAL%
ATTACHMENT B
$ 2,400.00
$ 2,400.00
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