HomeMy WebLinkAboutReso 1971-6177RESOLUTION N0. 6177
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND MAINSTEM, INC. FOR IMPLEMENTATION AND
OPERATION OF AN AUTOMOTIVE EQUIPMENT MANAGEMENT
SYSTEM, 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 agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and MAINSTEM,
INC. for the implementation and operation of an Automotive Equipment
Management System for 226 units, dated the 24th day of August ,
1971, 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 Approved as to form by
.--~ ,~ .~-r-7'~-~-~ ~ ~ ~1
Lane F. C le, Director of George Lindberg, City Att ey
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 24th day of August 1971, by
the following vote, to-wit:
AYES : Councilmen Scott, Hobel, Hamilton, Hyde
NAYES: Councilmen None
ABSENT: Councilmen Egdahl
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ATTEST . t~,E',/~ ,ir.~. `. . ,~ ~ J ~ _f ~;~°.<1. =;:~.
-'~ - City Clerk .~1
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
'~~~
Mayor of the 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been amended or repealed.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 Cler
CONTRACT
TEiIS CONTRACT, made this 24th day of August , 19 71 by and
between MAItISTi;M, INC., party of the first part, Hereinafter referred to as "Mainstem",
and City o f Chula Vista , CA ,party of tt~e second part , hereinafter referred to
as "C1 ntT'
W I T N E S S E T Iii
That for and in consideration of the mutual undertakings of the parties to this
contract, Mainstem and this Client covenant and agree each with the other as follows:
1. SERVICES PROVIDED.
That Painstem will pz~avide such services as outlined in the proposal to the
CJ.ient dated July 12 , , 1971 , to establish, implement and
operate an Automotive Equipment M,anapement System for 226 units owned
by the Client and I•iainstem will provide its Fleet Advisor sir iv ce 1/2 days
each ing~; ~~ring the terms of this contract.
2. MONTHLY CHARGES.
The monthly charge for this service, used an the number of units heretofore
mentioned shall be $4 OO.CO Should the fleet size increase
in excess of 5$ during the term of this agreement the excess shall be mult-
iplied by the rate per uni~ and the product shall be added to the total price,
If any increase shall be less than 5~ no adjustment shall be made. A reduction
in total number of units exceeding 5$ will result in a downwaz~d pricing, of
• the service charges.
3. ItISTALLATiON.
An installation fee (a one time charge) equal to one (1) months total billing
(exclusive of forms and supplies) for 'the implementation of the i•fainstem
Computerized Maintenance Mari~gement System, training of Clients persorniel
and establishing of the necessary Computer Library Files,
4. EXPENSES. i
Mainstem shall bc~ paid out o:F pocket living expenses incurred by the Fleet
Advisor for each day spent a71 the Clients business away from the home base
of Chu],, Vista,_,, ~'A •-~~^ In addition Painstem shall be
reimbursed fo~~ travel expensEa Yncurred~y the Fleet Advisor away from the
Clients office in Chula Vi:~ta~CA when such travel is requested by
the Client. `ihe Client further agrees to pay all postage charges for any
~ommur.ications incidental to r_his contract.
5. LENGTH OF COIiTP.AC•.f AND CANCELLATION.
This contract shawl commence ~~n , 19 and remain. in
effect for a period of two 2 Years Prices are not subject to
change during this perio~:. TTie Cla,ent has the option of cancellation after
being on service s i:c (6) months , provided that notice by registered
letter is sent to ~•1AIt1S'TCPi, It:C. , at `159 State Road, Princeton, New Jersey
Of3540. Such notice to be received thirty X30) days prior to cancellation.
6. PAYMENT.
Invoices will be rendered monthly and are due within ter. (10) days of date
rendered. In the event charges are not paid when and as due, in addition
to all other rights, Mai.nstcm ma_y, without notice, discontinue any work to
be performed under this agreement.
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1
~. Rt:coxns,
Mainstem will not release any Client's records to anyone other than persons
designated by the Client in writing.
8. SPECIAL DEPORTS. '
Special reports or projects (other than special studies within the t•~ainstem
program requested by the Client) will be charged foz~ at the current rates
in effect at that time.
9. PERFORt•1A11CE AZ; D ~~ARRANTY. '
Mainstem shall en<ieavor to perform all services called for hereunder in a
satisfactory and efficient manner. However, hTainstems liability shall be.
limited to redoing, any claimed failure on our part to perform, or claimed
defective work, of which Mainstem is notified promptly. Mainstem shall have
no liability or responsibility far incidental or consequential damages. There
are no warranties except as s+et forth above. Mainstem shall endeavor to per-
form all work as promptly as possible, but any time of a perfor•mar.ce is approxi-
mate only.
10. OSitdF.RSHIP OF PROGP.AMS.
All programs utilized in connection~wit'z t~iainsfiem furnishin& of services •
shall be and remain Mainstem property. All forms are copywritten.
11. GOVEF:IIIPIG LAFI.
This agreement shall be governed by the laws of the State of P7ew Jersey.
Accepted by:
I
M,SyOY - f
Submitted by:
MAINSTEM, INC.
Cliff r L. Hayden
Vice President
CITY OF CHUTA VISTA
Company
i
August 24, 1971
Date "'_"_"""'`
Accepted by: '
Clifford L. l{ayc:ei: ~-'-"""""
:President, 1tAINSTF:hi, INC. ~ .
Date ""~ "'----
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Form No. 301
UNANIMOUS CONSENT FORM
IT IS HEREBY REQUESTED by the undersigned that the following
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Section 1.16 of the Chula Vista City Code.
Resolution - Approving Agreement Between City of Chula Vista and
Mainstem for Automotive Equipment Management System
Signature
Unanimous Consent of the City Council, as indicated by the following
signatures:
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