HomeMy WebLinkAboutReso 1976-8285Firm No. 342
Rev. 2/76
RESOLUTION NO. 8285
RESOLUTION OF THE CITY COUNCIL OF`THE"CfiTY OF CHULA
VISTA, APPROVING RENEWAL CONTRACT BETWEEN THE CITY OF
CHULA VISTA AND MAINSTEM CORPORATION
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain contract
between THE CITY OF CHULA VISTA, a municipal corporation, and
MAINSTEM Corporation for automotive equipment management information
services
dated the 17th day of August , 1976 , a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
Will Robens, Director of
Public Works
Approved as to form by
George D. Lindberq, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 17th day of August ~ 19 76 by
AYES: Councilmen Egdahl, Hobel, Hyde, Hamilton
NAYES: Councilmen None
ABSENT: Councilmen Cox
Mayor of the City of Chula Vi a~
ATTEST ~IC~ ,,-~z~_~- ~,~ ~ -~.~
' City Clerk
STATE OF CALIFORNIA)
COUNPY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. and that the same has
not been amended or repealed. DATED
City Clerk
MaINST@M
POST OFFICE BOX #2. PRINCETON. N. J. 08540
609- 924 0700
RENEWAL CONTRACT
THIS CONTRACT, MADE
AND BETWEEN MAINSTEM
JERSEY, PARTY OF THE
"MAINSTEM", AND
IHI S 17th DAY OF AUGUST , 19 76 , BY
CORPORATION, P. 0. BOX 2, PRINCETON, NEW
FIRST PART, HEREINAFTER REFERRED TO AS
THE CITY OF CHULA VISTA
707 "F" STREET
CHULA VISTA, CALIFORNIA
PARTY OF THE SECOND PART, HEREINAFTER REFERRED TO AS "CLIENT"
W I T N E S S E T H
WHEREAS, MAINSTEM OWNS, OPERATES AND HAS OFFERED TO CLIENT THE
SERVICES OF ITS MAINTENANCE MANAGEMENT SYSTEM UNDER A CONTRACT
DATED AUGUST 6, 1975; AND,
WHEREAS, CLIENT DESIRES TO CONTINUE TO UTILIZE THOSE SERVICES IN
THE MANAGEMENT OF ITS FLEET MAINTENANCE;
NOW, THEREFORE, IN CONSIDERATION OF
PARTIES, MAINSTEM AND CLIENT AGREE
FOLLOWS:
1. SERVICES PROVIDED:
THE MUTUAL UNDERTAKINGS OF THE
EACH WITH THE OTHER AS
A. MAINSTEM WILL PROVIDE SUCH SERVICES AS OUTLINED IN ITS
PROPOSAL TO CLIENT TO CONTINUE TO OPERATE ITS FLEET
MAINTENANCE REPORTING SYSTEM IN BEHALF OF CLIENT.
B. UNLESS DEFINED OTHERWISE, ELSEWHERE, MAINSTEM SERVICES
SHALL BE LIMITED TO THE RECEIPT OF CLIENT PREPARED DATA,
THE ROUTINE CONTROL OF CLIENT DOCUMENTS ONCE RECEIVED,
PREPARATION AND CONVERSION OF DATA CONTAINED ON
DOCUMENTS FOR COMPUTER PROCESSING, PROCESSING DATA,
PREPARING REPORTS, FORWARDING REPORTS TO CLIENT,
OCCASIONAL ANALYSIS OF REPORT CONTENT, AND PERIODIC
ADVISORY SERVICES ON PERTINENT ASPECTS OF FLEET
MAINTENANCE.
11. LENGTH OF CONTRACT:
A. THE SERVICES TO BE PROVIDED UNDER THIS CONTRACT ARE A
CONTINUATION OF SERVICES ALREADY UNDER CONTRACT AND
ARE EXTENDED, HEREBY, FOR A MINIMUM OF C12~
REPORTING PERIODS.
~~
RENEWAL CONTRACT
THE CITY OF CHULA VISTA
PAGE 2
B. CLIENT HAS THE OPTION OF CANCELLATION OF THIS CONTRACT
PROVIDED THAT NOTICE OF SUCH CANCELLATION IS SENT BY
REGISTERED LETTER TO MAINSTEM CORPORATION, P. 0. BOX 2,
PRINCETON, NEW JERSEY 08540, AT LEAST NINETY (90) DAYS
PRIOR TO SUCH CANCELLATION.
C. IN THE EVENT OF CANCELLATION, ALL FEES ARE IMMEDIATELY
DUE AND ALL MAINSTEM PROPERTY IN CLIENT'S POSSESSION
ARE TO BE RETURNED TO MAINSTEM WITHIN THIRTY C30) DAYS
OF TERMINATION.
D. THIS CONTRACT MAY BE RENEWED, EXPANDED AND EXTENDED BY
MUTUAL AGREEMENT FOR ADDITIONAL TERMS OF (12)
MONTHS, SUBJECT TO REVISION OF THE MONTHLY SERVICE
CHARGES TO REFLECT MAINSTEM PRICING IN EFFECT AT TIME
OF THE RENEWAL, EXPANSION OR EXTENSION.
111. FEES FOR SERVICES:
A. THE FEE FOR MAINSTEM SERVICES FOR THE CONTRACT TERM
WILL BE $697.22 PER PERIOD, BASED UPON THE
FOLLOWING CLIENT SUPPLIED PARAMETERS:
1. CLIENTS CALENDAR YEAR IS COMPOSED OF 12
PERIODS, OF APPROXIMATELY 30 DAYS EACH.
2. CLIENT OWNS, OPERATES, USES, EMPLOYS OR OTHERWISE
COLLECTS MAINTENANCE, OPERATING OR RELATED DATA
APPLICABLE TO THE SERVICES TO BE PERFORMED UNDER
THIS CONTRACT AT OR FROM ONE C1) MAINTENANCE
FACILITY OR REPORTING LOCATION.
3. CLIENT OWNS, RENTS, LEASES, OR OTHERWISE OPERATES 290
POWERED VEHICLES AND L3 NON-POWERED VEHICLES.
4. CLIENT CURRENTLY UTILIZES 1 MAINSTEM REPAIR ORDER
IMPRINTER AND 3 MAINSTEM FUEL AND OIL IMPRINTERS.
B. MAINSTEM MONTHLY SERVICE FEES QUOTED ABOVE ARE EXCLUSIVE
OF THE FOLLOWING, WHICH WILL BE SEPARATELY INVOICED:
1. POSTAGE AND SHIPPING CHARGES, AS INCURRED, WHICH WILL
BE ADDED TO THE BILLING FOR THE MONTHLY SERVICE
CHARGE;
2. INPUT FORMS AND SUPPLIES WILL BE SEPARATELY INVOICED
BASED UPON PRICES IN EFFECT AT THE TIME OF THE
ORDER FOR THE QUANTITY ORDERED, PLUS FREIGHT;
RENEWAL CONTRACT
THE CITY OF CHULA VISTA
PAGE 3
3. ADDITIONAL CHARGES AS OUTLINED BELOW.
1V. ADDITIONAL CHARGES:
A. VEHICLES MAINTAINED OR OPERATED BY CLIENTS, WHICH
ARE NOT PART OF CLIENT'S VEHICLE INVENTORY, WILL
BE BILLED FOR AT A RATE OF TWENTY-FIVE CENTS 0254 PER
VEHICLE, PER PERIOD.
B. EXPANSION OF CLIENT'S OPERATION DURING THE CONTRACT
PERIOD WILL BE CAUSE FOR ADDITIONAL MONTHLY BILLING
AS FOLLOWS:
I. ADDITIONAL FACILITYCIES~ OR REPORTING LOCATIONCS~:
$50 EACH, PER PERIOD.
2. ADDITIONAL VEHICLES:
A. POWERED VEHICLES $ 2.30 EACH, PER PERIOD
B. NON-POWERED VEHICLES $ 0.25 EACH, PER PERIOD
C. MISCELLANEOUS EQUIPMENT $ EACH, PER PERIOD
3. ADDITIONAL IMPRINTERS:
A. REPAIR ORDER: $12.50 EACH, PER PERIOD
B. FUEL/OIL: $25.00 EACH, PER PERIOD
C. OTHER ADDITIONAL MAINSTEM SERVICES REQUIRED BY CLIENT
WILL BE BILLED AT MAINSTEM RATES IN EFFECT AT THE TIME
OF THE SERVICE.
D. SPECIAL REPORTS OR PROJECTS COTHER THAN SPECIAL STUDIES
WITHIN THE MAINSTEM SERVICES REQUESTED BY CLIENT WILL
BE CHARGED FOR AT RATES IN EFFECT AT THE TIME OF THE
SERVICE.
E. ADDITIONAL RUNS AND/OR ADDITIONAL COPIES OF STANDARD
REPORTS WILL BE CHARGED FOR AT RATES IN EFFECT AT THE
TIME OF THE SERVICE.
F. MAINSTEM'S FLEET ADVISORY SERVICE WILL BE RENDERED AT THE
DESIGNATED HOME OFFICES OF THE CLIENT. IN THE EVENT THAT
FLEET ADVISOR SERVICES ARE REQUIRED AT ANY ALTERNATE
LOCATION, CLIENT AGREES TO REIMBURSE MAINSTEM FOR THE
COST OF TRAVEL AND TRANSPORTATION BETWEEN THE HOME
OFFICE AND THE ALTERNATE LOCATION.
RENEWAL CONTRACT
THE CITY OF CHULA VISTA
PAGE 4
G. FLEET ADVISORY SERVICE IS NORMALLY LIMITED TO AN
AVERAGE OF ONE FLEET ADVISOR DAY PER CLIENT, PER
PERIOD. ADDITIONAL FLEET ADVISOR DAYS REQUESTED BY
CLIENT WILL BE SUPPLIED BY MAINSTEM, SUBJECT TO
FLEET ADVISOR AVAILABILITY AT THE RATE OF $408 PER
FLEET ADVISOR DAY, PLUS OUT-OF-POCKET EXPENSES
INCURRED, IF ANY.
V. PAYMENTS:
A. INVOICES FOR SERVICE AND RELATED ITEMS WILL BE RENDERED
AT THE CLOSE OF THE PERIOD. INVOICES FOR SUPPLIES WILL
BE RENDERED AS SHIPPED.
B. ALL INVOICES ARE DUE WHEN RENDERED AND FULL PAYMENT
IS EXPECTED WITHIN FIFTEEN (151 DAYS. IN THE EVENT
THAT INVOICES ARE NOT PAID WHEN AND AS DUE, IN ADDITION
ALL OTHER RIGHTS, MAINSTEM MAY, WITHOUT NOTICE,
DISCONTINUE ANY WORK UNDER THIS AGREEMENT.
VI. PERFORMANCE AND WARRANTY:
A. MAINSTEM SHALL ENDEAVOR TO PERFORM ALL SERVICES CALLED
FOR HEREUNDER IN A SATISFACTORY AND EFFICIENT MANNER.
MAINSTEM~S LIABILITY SHALL BE LIMITED TO REDOING ANY
CLAIMED FAILURE ON OUR PART TO PERFORM, OR CLAIMED
DEFECTIVE WORK, OF WHICH MAINSTEM IS NOTIFIED PROMPTLY.
MATNSTEM SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
B. THERE ARE NO WARRANTIES EXCEPT AS SET FORTH ABOVE.
MAINSTEM SHALL ENDEAVOR TO PERFORM ALL WORK AS PROMPTLY
AS POSSIBLE, BUT ANY TIME OF A PERFORMANCE IS APPROXIMATE
ONLY.
VII. OWNERSHIP OF DATA:
A. ALL DATA SUPPLIED BY CLIENT AND RETAINED IN MAINSTEM
MASTER FILES REMAIN CLIENT'S SOLE PROPERTY IN DETAIL AND
WILL NOT BE RELEASED TO THIP.D PARTIES WITHOUT EXPRESS,
WRITTEN CONSENT OF CLIENT. ORIGINAL INPUT DOCUMENTS
SUPPLIED BY CLIENT WILL BE DISPOSED OF IN NORMAL
MAINSTEM FASHION.
B. RATA. IN COLLAPSED AND COMBINED STATISTICAL FORM, WHERE
CLIENT IS UNIDENTIFIED, IS THE PROPERTY OF MAINSTEM AND
MAY BE USED BY MAINSTEM FOR REPORTS AND OTHER PURPOSES
BUT NOT, IN ANY CASE, IN A MANNER DETRIMENTAL TO THE
BEST INTEREST OF CLIENT.
RENEWAL CONTRACT
THE CITY OF CHULA VISTA
PAGE 5
VIII. OWNERSHIP OF PROGRAMS:
A. ALL PROGRAMS UTILIZED IN CONNECTION WITH MAINSTEM
FURNISHING OF SERVICES SHALL BE AND REMAIN MAINSTEM
PROPERTY. ALL FORMS ARE PROTECTED BY COPYRIGHT.
SUBMITTED FOR:
MAINSTEM CORPORATION:
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ACCEPTED FOR MAINSTEM CORP.
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TITLE
~ ~
DATE
ACCEPTED FOR CLIENT
P9AYOR OF THE CITY OF CHULA VISTA
August 17, 1976
DATE
Form No. F-229
12/73
CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unapp:rapriated Balance
I HEREEY CERTIFY that the money required for the
appropriation of funds for the purpose set forth in the attached
resolution is available in the Treasury, or is anticipated to
come into the Treasury, and is otherwise unappropriated.
Amount $
Purpose
Eidder
Uirector of Finance
The City of ChuJ.a Vista
Date
Certification of Unencumbered 3alance
)0 7000 5201
I HEREBY CERTIFY that the indebtedness and cbliy^ation
to be incurred by the contract or agreement authorized by the
attached resolution can be incurred wit'rout the violation of any
cf the provisions of the Charter of tP:e City cf Chula Vista, c>-
the Constitution or the laws of the State cf California, thaw
su€ficient monies have been appzopriated for the purpose cf sair,
contract, that sufficient monies to meet the obligations of the
contract are actually in the Treasury, or are anticipated to cone
into the Treasury to the credit of the appropriation from which
the same are to be drawn, and that sai3~monies new actuaiic in
the Treasury, together with the monies anticipated to come into
the Treasury, to the credit. of said appropriation are otherw?s~=
unencumbered.
Amount Not to Exceed $ $
eund
Ey
/C L]
Direc*_cr of Firanca
The City of Chula Vista
Date
August 16, 1976
By
F•~~a Central f~arage
Dent./Activity Central Gara
Purpose Renewal Contract with Mainstem
Hidder N/A
..~rtifi.cate No• 12