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Home My WebLink AboutReso 1981-10658 RESOLUTION NO. 10658 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA VISTA AND INTER-CONTINENTAL COMPUTING, INCORPORATED FOR MUTUAL COMPUTER BACKUP SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follONS: NON, THEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and INTER-CONTINENTAL COMPUTING, INCORPORATED for mutual computer backup services dated the 13th day of October , 19 81, 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 ~~,- George D. Lindberg, City Attorney Thomson, Director of POlicy & Program Evaluation CHULA 198 1 ADOPTED AND APPROVED VISTA, CALIFORNIA, this , by the follaving vote, by the CITY COUNCIL of 13th day of October to-wi t: the CITY OF AYES: CouncilIren Gi11ow, Cox, Scott, Hyde NAYES: CouncilIren None ABSENT: CouncilIren McCand1iss [VJ..Q ~(M ~ . ~ ~2 ~ Mayor of the City of Chula ATTE _~..,./. _ _~~ Cit Cl rk ~ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Form No. 342 Rev. 7/81 DATA PROCESSING SERVICES AGREEMENT October corporation, INCORPORATED, THIS AGREEMENT, made and entered , 1981, by and between THE herein referred to as "City" herein referred to as ICCI; into as of the 13th CITY OF CHUIA VISTA, a and INTER CONTINENTAL day of municipal COMPUTING NOW, THEREFORE, in consideration of the mutual promises and !obligations below set forth, the parties agree as follows: 1. SERVICES A. City and ICCI agree to provide mutual computer backup in the ievent of computer failure or work overflow. B. Computer time will be furnished to the requesting party on a time and equipment available basis. C. Supplies and operator will be furnished by the requesting party land will be subject to the approval of the other party. D. Each party is willing to provide said computer processing !services on the terms and conditions delineated herein. 2. EFFECTIVE DATE AND TERMINATION The term of this agreement shall commence on October 6, 1981, and shall continue until terminated as herein provided. , This agreement may be terminated by ei ther party, wi thou t cause, by !giving written notice to the other party at least sixty (60) days in advance !thereof and specifying the termination date. Termination shall conform to the !stipulations within this agreement. Each party shall pay charges for work !performed up to the stated effective date designated in the notice, as set iforth below. ,3. SERVICE CHARGES A. Printing of tapes will be charged at $20 per hour clock time, with the first five hours of each quarter free. B. Processing time will be charged at $100 per hour as shown on the "Total Time" column on the Burroughs computer time logging systems "TABS". The first one hour of each quarter would be free. C. Unused time for A and B, above, shall not be accumulated for la ter use. 4. TAX PAYMENTS There shall be added to all charges under this agreement amounts equal to any applicable taxes, however designated or levied or based on such charges or on this agreement, including state and local privilege, excise or sales tax. 72' -/0 6 ">-3 -1- 5. LIABILITY OF PARTIES The parties shall not be liable for failure to provide, or delays in I providing, services herein, if due to any cause beyond the parties' reasonable , control. ICCI shall indemnify and hold City hannless from all claims and demands of any description arising out of the performance of this agreement resulting in money damages as a result of wrongful or negligent actions of it or its employees. City shall indemnify and hold ICCI hannless from all claims and demands of any description arising out of the performance of this agreement resulting in money damages as a result of wrongful or negligent actions of it or its employees. Under no circumstances shall either party be liable for any special, consequential or exemplary damages, such as, but not limited to, loss of anticipated revenues or other econcmic loss in connection with, or arising out of the existence of, the furnishing, functioning, or use of any item of equipment or services provided for in this agreement, or for specific performance. 6. TERMS TO BE EXCLUSIVE The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. In the event either party issues a purchase order, memorandum, specifications, or instrument, it is for that party's internal purposes only and any/all terms and conditions contained therein, whether printed or written, shall be of no force or effect. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties hereto soley and not for the benefit of any lother person, persons, or legal entities. 7. REPRESENTATIONS AND WARRANTIES Both parties acknowledge that they have not been induced to enter into this agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. The parties make no representations, warranties, or guarantees, express or implied, including without limitation any warranties of merchantability or fitness for intended use, other than the express representations, warranties and guaranties contained in this ~greement. 8. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the parties. Ii -jC65/ -2- 9. WRITTEN NOTICE All notices required by or sent under this agreement shall be in Iwriting, shall be sent by means of certified mail, return receipt requested, 'and shall be addressed as follows: i City of Chula Vista City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Inter Continental Computing Incorporated (ICCI) Jerry Scates, Vice President ICCI 7847 Convoy Court, Suite 105 San Diego, CA 92111 Any written notice hereunder shall become effective as of the date jof mailing by registered or certified mail and shall be deemed sufficiently ,given if sent to the addressee at the address as may hereafter be specified by Inotice in writing. 110. GOVERNING LAW This agreement shall be governed by the laws of the State of !California. Time and the punctual performance of each and all of the terms, Iprovisions and agreements hereof are of the essence of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement jthe day and year first above written. rrHE CITI OF CHUIA VISTA , , INTER CONTINENTAL COMPUTING INCORPORATED \JY~f- ~ayor of the City of Ch ~..~,;,m City Clerk , 1\pproved as to fOI1P--) . '. / \ ~. r/ I \- i - ,- /___ '''----_I.. '. ~--',-_..,"~. - .._._e::T /f'::'-/ City Attoc.'1\ey r%L,~ L /'/'1 .'- --' " /" -</'-~ ;--:~/ /? (>/ If -! {J/J sf -3-