HomeMy WebLinkAboutReso 1975-7851Form No. 342
Rev.: 3/74
RESOLUTION N0. 7851
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING RENEWAL CONTRACT BETWEEN THE CITY OF CHULA
VISTA AND MAINSTEM CORPORATION
AND AUTFFORIZING THE MAYOR TO EXECUTE SAID .CONTRACT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BF 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 S day of August , 19 7S a cony of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved,
Vista bey,
agreem~'fit
Presented
BE TT FURTHER RESOLVED that the Mayor of the City of Chula
and he is hereby authorized and directed to execute said
for and on behalf of the City of Chula Vista.
by
I. ~~~
Wi33iam J. obens, Director of
Public Works
Approved as to form by
~~~ ,~
George D. Lindberg, City Att ey
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CSULA
VISTA, CALIFORNIA, this 5 day of August , 19~_, by
the followinc vote, to-wit:
AYES: Councilmen Egdahl, Scott, Hamilton, Hyde
NAYES: Councilmen None
ABSEP
AT TE:
STATE OF CALIFORNIAI
COUNTY OF SAN DIE'0? ss.
CITY OF CHULA 'VISTA.)
I, City Clerk of the City
of Chula Vista., California, DO Y.EREBY CERTIFY that the above is a full,
true and correct cony of Resolution No. and that the same has
not been amended nr repealed. DATED
City Clerk
TELE PHONE -924-0700
AREA CODE - 609
--.~F MAINSTEM CORP.
V<
„~.~ *~->~.~;y POST OFFICE BOX 2, PRINCETON, NEW JERSEY 08540
RENEWAL CONTRACT
THIS CONTRACT, made this S day of August 1975 by
and between MAINSTEM CORPORATION, P. 0. Box 2, Princeton, New Jersey,
party of the first part, hereinafter referred to as "MAINSTEM", and
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 Fleet Maintenance Management System under a contract dated
September 10, 1974; and
WHEREAS, Client desires to continue to utilize those services in the
management of its fleet maintenance;
NOW, THEREFORE, in consideration of the mutual undertakings of the
parties, Mainstem and Client agree each with the other as follows:
I. SERVICES PROVIDED:
A. Mainstem will provide such services as outlined in its
proposal to Client dated August 24, 1971, and as amended
in attachments appended thereto, 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.
~~~
RENEWAL CONTRACT
The City of Chula Vista
Page 3
III. FEES FOR SERVICE:
B. (Cont'd)
1. Postage and shipping charges as incurred which will
be added to the billing for the monthly service
charge;
2. Input forms and supplies which will be separately
invoiced based upon prices in effect at the time of
the order for the quantity ordered, plus freight;
3. Additional charges as outlined below.
IV. ADDITIONAL CHARGES:
A. Vehicles maintained or operated by Client which are not
part of Client's vehicle inventory will be billed for at
the rate of twenty-five cents (25¢) per vehicle, per
period.
B. Expansion of Client's operation during the contract
period will be cause for additional monthly billing as
follows:
1. Additional Facilities or Reporting Locations:
$50 each, per period.
2. Additional Vehicles:
a. Powered Vehicles: $ 2.25 Each per Period
b. Non-Powered Vehicles: $ 0.25 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 (other than special studies
within the Mainstem Service) 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.
~ i15
RENEWAL CONTRACT
The City of Chula Vista
Page 2
II. LENGTH OF CONTRACT:
A. The services to be provided under this contract are a
continuation of services already under contract for the
period through June 30, 1975, and are extended, hereby,
through June 30, 1976, or for a minimum of twelve (12)
reporting periods.
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 (30) days of
termination.
D. This contract may be renewed, expanded and extended by
mutual agreement for additional terms of twelve (12) months,
subject to revision of the monthly service charges to
reflect Mainstem pricing in effect at time of the renewal,
expansion or extension.
I,,,I-IY FEES FOR SERVICE:
~Wl~ A. The fee for Mainstem Services for the contract term will
~~ (,~.~,r.,~~ per period, based upon the following Client
supplied parameters:
1. Client's 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 ( 1 ) mainte-
nance facilities or reporting locations.
3. Client owns, rents, leases or otherwise operates
285 powered vehicles and 13 non-powered
ve i~-
4. Client currently utilizes 1 Mainstem Repair
Order Imprinters and 3 Mainstem Fuel and Oil
Imprinters.
B. Mainstem monthly service fees quoted above are exclusive
of the following, which will be separately invoiced:
%~~ t
..~
RENEWAL CONTRACT
The City of Chula Vista
Page 4
IV. ADDITIONAL CHARGES: (Cont'd)
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.
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 (15) days. In the event that
invoices are not paid when and as due, in addition to
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 defec-
tive work, of which Mainstem is notified promptly.
Mainstem 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 third parties without express,
written consent of Client. Original input documents
supplied by Client will be disposed of in normal Mainstem
fashion.
_~
7~~ "
RENEWAL CONTRACT
The City of Chula Vista
Page 5
VII. OWNERSHIP OF DATA: (Cont'd)
B. Data 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.
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.
IX. GOVERNING LAW:
A. This contract shall be governed by the Laws of the
State of Indiana.
Submitted for
MAINSTEM CORPORATION:
~ ..
,cycepte~ o in em Corp.
ccepte or Client
___
,r ~
e Title -
Date ;~
Date
7 4%S
orn t3o. P-229
12/'3
CEFiTZFICAT:.' OF CITY/DIRFCTOF. OF FINF,t3C.^'.
Certification of tinapprcr:ri.ated Valance
I HERTiBY CE_^.TIFY that tl-.e money recuirec for the
appropriation of funds for the purpose set forty, in the attac'reci
resolution is aaailahle in the Treasury, or is anticipated to
come into the Treasury, and is otherwise caappropriatcari.
Amount $
Pu2~?OSE3
Bidder
Funa
Director o1 Fin2n=c~ ---
T'tlt: City cf Chula Vista
irate
~.~
Ce.rtifi cuticn :,i J':en wruerEd Hsiance
71-3290-5201
I i1ERE'3Y CE&TIrY that the in:ie~^t'.~cine~s ..nd cr,li.c_ation
to be incurred bq the ::oats a._ _..,. .: r~^.erncnt suthe.._. ~' ;>y the
attached resciutiol: can ~s =:C•a?:rCC: .,_::n~~?_ tha vioi.;r_ioa of am,~
Of the ~rCViEilO:'IS G~ ~:cii C:1Sr%E" .__ tf,F.. City Ot OL'I ii_a vYa~ ,v.
ti?e Constitatia'I or th;: _~o. ; o~° _.s talc of Califo_na :`at
sufficient monies hay-. barn . ,:-ncr~z-~ew, ~'or th^_ _~4rpose of said
COntraCt, that ~,:ffiC';. t'.:;4 .. _.,.:__., t^ r:ee`.. ti1C UIJi 1~~"tiCn~ C'~ t}:e
contract are actually is": *h= `.:ea:~-ltry; Oz aye ant:;~pated to com-~
into the Treaslrp to ._he c_^e-r_ic. o` the r~~~~:cc-i.>tinn ~.._.a w_:ich
the same are to be aruw::, o.n3 thr.*. a'..ci monies ao:r a_~naliv in
the Treasury, ~oyethec •d:.t'.: ,ic.: :ones e.-lticipatea ~o ccr,'.e into
the Treaeury, tc the credit :.: .-..:~a acpr^.~riEli.lt)~ drE'. ^therW iSe
unencumbezed.
Amount riot to Excead $ 644.60
Date July 31, 1975 Fy
Fund Central Garage tept./Activi",; Public Works
purpose Approving renewal contract with Mainstem, Inc.
Bidder N/A
_.._._: ~:......._ .-. - 12
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