HomeMy WebLinkAboutResolutions - No. 82-55RESOLUTION NO. 82-55
RESOLUTION APPROVING AGREEMENT WITH COUNTY FOR
DATA PROCESSING SERVICES REGARDING PARKING
VIOLATION CITATION INFORMATION
RESOLVED that the City Council of the City of Lodi
does hereby approve agreement with the County of San Joaquin
for data processing services regarding parking violation
citation information, a copy of which agreement is attached
hereto, marked Exhibit "A" and thereby made a part hereof.
Dated: June 2, 1982
I hereby certify that Resolution No. 82-55 was passed
and adopted by the City Council of the City of Lodi in
a regular meeting held June 2, 1982 by the following
vote:
Ayes: Council Members - Snider, Olson, Murphy,
Pinkerton, and Reid
Noes: Council Members - None
Absent: Council Members - None
ICE .ISI 6IMCHE
City Clerk
A G R E E M E N T
THIS AGREEMENT, made and entered into this lst day of July, 1982,
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:
Parking violation citation reporting; 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 "B".
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" and "$". The total maximum compensation to
COUNTY pursuant to this agreement shall not exceed
$9,225.00 per fiscal year. COUNTY shall bill .
CONTRACTOR only for actual services performed and
equipment 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 reason, 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.
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OC
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, 1982, and ending June 30, 1983.
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 Board
of Supervisors, its officers, agents, and
employees, from and against all demands, claims,
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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.
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 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, County's liability shall be
limited to, or County's inability to provide data
processing services due to circumstances beyond its
control, and Contractor's exclusive remedies shall
be:
(a) The correction of errors of which
County has received written notice
and proof or the performance of the
service, whichever is the situation;
or
(b) Where such correction or performance
of service i.s 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 service which
could not be performed, whichever is
the situation.
County shall be liable for the loss, destruction or
damage 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
reasonably performed by County and provided that
Contractor provides County with all source data
necessary for such restoration in similar form to that
normally presented to County under this Agreement.
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8. The CONTL ..TOR, and the agents and em ioyees 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 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 parties hereto have executed this
agreement the day and year first written above.
APPROVED AS TO FORM;
GERALD A. SHERWIN
County Counsel
By
RE ECCA A. VIS
Deputy County Counsel
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COUNTY OF SAN JOAQUIN, a
political subdivision of
the State of California
By
C.E. DIXON
County Administrator
"COUNTY"
CITY OF LODI
By
Title
"CONTRACTOR"
k
ATTACHMENT A
CITY OF LODI
I. Estimated Annual Cost of Time and Materials
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. Teleprocessin3 Transactions
An average 66,000 transactions
per year at $.03 each
4. Systems and Programming Time
5 -hours of Systems and Programming
Time at $28.00 per hour
5. Program Library Maintenance
5 Program complies at
$18.00 each
6. Miscellaneous
Conversion costs to 9 programs
at $173:00 per program
TOTAL ESTIMATED ANNUAL TIME
AND MATERIALS COSTS
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$ 60.00
$ 3,250.00
$ 1.980.00
$ 140.00
$ 90.00
$ 1.557.00
$ 7,077.00
CITY OF LODI
II. Estimated Annual Cost Equipment
A. Terminals
One (1) ADM -2 CRT at $125.00
per month
B. Use Char e (Maint.)
Use Charge for 1 terminal and
1 Printer at $30.00 per month
C. Permanent Data Storage
9 Cylinders of disc storage
at $24.00 per month
TOTAL ESTIMATED ANNUAL COST
OF EQUIPMENT
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ATTACHMENT B
S1,500.00
$ 350.00
$2,148.00