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HomeMy WebLinkAboutReso 1975-7683_ _ RESOLUTION NO. 7683 ~-~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACT BETWEEN THE CITY OF CHULA VISTA AND EDP MANAGEMENT, INC., FOR PROFESSIONAL ELECTRONIC DATA PROCESSING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THE BEFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that due to the particular familiarity of EDP Management, Inc., with the City's computer operations and the need for qualified personnel to program our operations immediately, that this contract need not be let for public bid. BE IT FURTHER RESOLVED that that certain contract between THE CITY OF CHULA VISTA, a municipal corporation, and EDP MANAGEMENT, INC., for professional electronic data processing services, dated the 25th day of March 1975, 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 contract for and on behalf of the City of. Chula Vista. Present d by ordon K. Grant, D ector o Finance Approved as to form by ,, - - _. George 'D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 25thday of March 1975, by the following vote, to-wit: -` AYES : Councilmen` Hobel, Hamilton, Hvde Egdahl Scott NAYES : Councilmen None ABSENT: Councilmen None ATTEST ~- ~~ ~"' /:' ~'~ -City Clerk r STATE OF CALIFORNIA ) COUi~~TY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) 3? l1 f .. ~ I ~., l t ~ _ Mayor of the City of Chula. Vista I ~ City Clerlc of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution P1o. and that the same has not been amended or repealed. DATED City Cler CONTRACT FOR PROFESSIONAL ELECTRONIC DATA PROCESSING SERVICES WHEREAS, the parties to the undersigned agreement, THE CITY OF CHULA VISTA, herein "CITY", and EDP MANAGEMENT, INCORPORATED, herein "EDP", in return for the mutual promises and conditions set forth below, have agreed to enter into a contract, and WHEREAS, said contract is to consist of the terms and conditions set forth below. NOW, THEREFORE, BE IT MUTUALLY AGREED by and between the parties to this agreement that the following terms be included to govern the relationship between the parties: 1. EDP offers to perform services on the terms and conditions set forth below, including but not limited to, systems analysis, design and computer programming for and on behalf of the City of Chula Vista. 2. The City, in return for the consideration advanced by EDP, hereby promises to pay EDP, in accordance with the rate schedule and minimum monthly billing set forth below, for such services as EDP may be from time to time directed to perform. 3. The term of this agreement as between City and EDP shall be FOUR (4) months from the date of execution of said agree- ment. The agreement shall continue thereafter in effect according to the terms and conditions set forth herein on a month to month basis, unless and until written notice of termination is furnis d by one party to the other providing for not less than THIRTY (30) days notice of said party's intent to terminate. Notice of the intent to terminate shall be given to either Mr. Gordon Grant, on behalf of the City of Chula Vista, or Mr. Charles E. Cox, on behalf of EDP. 4. EDP shall supply services as noted in the form of: (a) System analysis and design; (b) Computer programming; (c) Incidental observation of personnel and systems at the City's data processing center, in order to offer suggestions for change or improvement. EDP further agrees to provide to the City the services of Mr. Charles C. Cox, President of EDP, to consult with or advise the City on matters related to this proposal, or City's computer operations generally. Such services shall include periodic meetings with a group designated by the City to generally oversee City's data processing operations. 5. Service performed by EDP for the City hereunder shall conform to accepted standards and practices in the data processing field. EDP shall not be liable for errors, omissions, delays or other deficiencies unless the same shall have been caused by EDP's failure to conform to said standards and practices, and then in no event for an amount in excess of payments actually paid to and received by EDP from City. 6. City hereby agrees to pay EDP for the work that EDP has been directed to perform by the City's data processing committee in accordance with. the rate. schedule set forth below. The City shall designate an individual from the City's data processing committee to direct what work shall be performed by EDP in accord- ance with the terms and conditions of this agreement. City further shall designate a supervisor of operations familiar with and responsible for data preparation and computer operations who shall test, accept and execute the programs, systems and procedures developed for the City by EDP. 7. The City shall make available to EDP the use of the City's computer(s) for the purpose of developing and testing systems and procedures as may be required by EDP to perform its services hereunder. All of such computer usage by EDP shall be without cost or charge whatsoever to EDP. 8. The parties hereby agree that EDP shall be compensated for work done at the following hourly rates for each manhour reported by EDP: (a) System analysis and design; $25.00 per hour (b) Computer programming; $15.00 per hour (c) EDP's observation of personnel and systems at the City's data processing center for the purposes of making suggestions for changes or improvements thereto on an incidental basis shall be free of charge. Further, the services of Mr. Charles E. Cox, as noted hereinabove, shall be free of charge. 9. The City further hereby agrees to pay EDP not less than TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($2,750.00) during the term provided for herein and each monthly extension thereof, unless and until said agreement should be modified. The City shall be obligated to pay not less than the above sum regardless of the hours of service provided by EDP. 10. In the event EDP's services, on an hourly basis when multiplied times the rate schedule set forth in Item 8 exceed TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($2,750.00) during any monthly period, EDP shall cease further service to the City for that month, unless and until an authorized representative of the City shall direct EDP to exceed said minimum monthly fee. Such direction by the City shall be in writing. The City, in such an event, will designate who shall be authorized in writing to direct payment and performance in excess of the monthly minimum. 11. EDP agrees to provide City statement of the work performed pursuant statement shall be received by the City payment of any monthly obligation. - 2 - with a monthly itemized to this agreement. Said of Chula Vista prior to ~7E ~'3 12. EDP hereby agrees that any programs or materials developed for usage by the City of Chula Vista during the term of this agreement or any extension thereof shall become the property of the City of Chula Vista. Upon termination of the agreement, all such programs and materials may be used by the City without further cost. 13. Parties hereto agree that no assignment shall be made of this contract or any part thereof without the express written consent of the parties to this agreement. 14. Parties hereto agree that EDP and its personnel shall act as independent contractors in performing the services enumerated to the City of Chula Vista and shall not be employees of the City. IN WITNESS WHEREOF, the parties hereto have executed this contract the 25th day of March 1975. THE CITY OF CHULA VISTA L Mayor ~-f, the City of Chula Vi to -- r City Clerk 1" ,, ~'~~ Approved as to form by EDP MANAGEDZENT, INCORPORATED y: Charle s Cox t ~. Geor D. Lindberg, City Attorney ;~ ~6 L~~