HomeMy WebLinkAboutReso 1981-10691
RESOLUTION NO. 10691
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUIA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUIA
VISTA AND THE CITY OF SANTEE FOR THE PROVISION OF
DATA PROCESSING SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The Ci ty Council of the Ci ty of Chula Vista does here~
resolve as follows:
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 CHUIA VISTA, a municipal corporation, and THE CITY OF SANTEE,
for the provision of data processing services
dated the 17th day of November , 1981 , a copy of which
is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is here~ approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is here~ authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by
Approved as to form by
--L
~
/y-
im Thomson, Director of Policy George D. Lindberg, City Attorney
nalysis & Program Evaluation
CHUIA
19B 1
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this
, by the following vote,
by the CITY
17th day of
to-wi t:
COUNCIL of the CITY OF
November
AYES: Councilmen
McCand1iss, Scott, Cox, Gi110w
NAYES: Councilmen
None
ABSENT: Councilmen
None
ATT"r414t~
STATE m' CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHUIA VISTA)
Il~
ty of Chula Vista
I, , City Cleric 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and that the same has not been amended or repealed.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
THIS AGREEMENT, made and entered into as of the
November ,1981. by and between THE CITY OF CHUlA
corporation, herein referred to as "Supplier" and THE
municipal corporation, herein referred to as "Customer";
17th day of
VISTA, a municipal
CITY OF SANTEE, a
WIT N E SSE T H :
A. This agreement involves a unique arrangement among and between
municipalities.
financial
reports.
B.
and
Customer desires
other transactions
to
and
computer
receive
process
certain
various and
accounting and
sundry
other
C. Supplier possesses the necessary
personnel to perform the desired work, as well as
the initial implementation of this agreement.
facilities, equipment
the necessary programs
and
for
D. Supplier is able to mesh and coordinate requisite services with
Customer needs in an atmosphere of mutual cooperation without unduly
jeopardizing rights or increasing liabilities for either party.
E. Supplier is willing to provide said computer processing services
on the terms and conditions delineated herein.
NOW, THEREFORE, in
obligations below set forth, the
consideration of the mutual
parties agree as follows:
promises
and
1. CUSTOMER WILL:
A. Deliver all relevant input data to be used in the computers of
Supplier in processing of Customer's records, to the Data Processing Control
Desk of Supplier.
B. Pick up all relevant output at the Data Processing Control Desk.
c. Perform all manual processing required by the data processing
sy-:: t:em.s..
2. SUPPLIER WILL:
A. Computer process data for Customer according to mutually
established specifications. For the initial implementation of this agreement,
the systems provided to Customer shall be Payroll and Personnel with system
specifications the same as the Payroll and Personnel systems used internally by
Supplier. Programs, systems, and specifications may be added to or deleted
from this list by mutual agreement of Supplier's and Customer's City Managers.
B. Make all reasonable efforts to comply with production schedule
requirements. Finished reports will normally be available two (2) working days
from receipt of necessary source material. If data entry and processing call
for more than eight (8) hours, the production schedule will be adjusted by
mutual agreement.
If- jtJbf/
C Exercise due care in the handling and processing of all input
data supplied by Customer in order that it be preserved. If vandal-proof or
fireproof data storage is required by Customer, Customer will provide
appropriate containers.
D. Create computer back-up files for Customer in the same manner
and to the same extent that Supplier creates for its own system.
E. Provide maintenance and minor modifications for programs in a
production status. Such maintenance and minor modifications shall be limited
to one (l) hour per month of programming time for all Customer programs. In
the event that one hour of programming time is not utilized during any month,
Customer shall have no right to accumulate the unused time.
3. EFFECTIVE DATE AND TERMINATION
and shall co~ti~~~ u~til terminated as h8rei~
....~_ . ~ ..J~~
1-''' .~ ......ucu..
January 1 , 1982,
The term of this agreement shall commence on
This agreement may be terminated by either party, without 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. Customer shall pay charges for work
performed up to the stated effective date designated in the notice, as set
forth below.
4. SERVICE CHARGES
A. Supplier's service charges to Customer for computer time will be
billed at a rate of $99 per hour as shown on the "Total Time" column on the
Burroughs computer time logging system "TABS".
B. Data entry services charges will be billed at a rate of $10 per
hour.
C. Monthly charges for both computer time and data entry used
during the first year for Payroll/Personnel will be $100 per month and at a
minimum of $100 per month thereafter.
D. There will be an initial one time $300 set up charge for the
Payroll/system in addition to the monthly charge in 4C, above.
rate of
Custoraer
E.
$24
will
Addi tional programming or sys terns work will be charged at the
per hour for programming and $32 per hour for system work.
approve all estimates before work begins and charges are accrued.
5. TAX PAY~ffiNTS
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 taxes.
f(-/{Jb9/
6. EMPLOYMENT OF PERSONNEL
Supplier shall provide experienced and qualified personnel to carry
out the work to be performed by it under this agreement and shall be
responsible for, and in full control of, the work of such personnel.
7. PRODUCTION SCHEDULES
Production schedules for the above-"",ntioned data processing
services may be revised from time to time by mutual agreement of the parties in
writing, submitted at least ten (10) days prior to implementation to the
respective representatives designated in Section 17. Customer will alter
relevant manual schedule to meet Supplier's computer schedule requirements.
8. RELATIONSHIP BETWEEN PARTIES: WORK STANDARDS
Customer is interested only in the results ~chieved by Supplier, and
Supplier shall be in control of the means by T':lid: it achieves that. l-esult.
Supplier will adhere to professional standards 'mo FilI perform ~.Il services
required under this agreement in a manner consistent with generally accepted
procedures for data processing and allied services. Supplier shall reprocess
at its expense all work necessary to correct errors directly caused by
malfunction of Supplier's machines or mistakes of Supplier's personnel.
Supplier will strive for maximum accuracy in the results obtained
from its services, and will normally key verify and manually check control
figures provided by Customer. If either of these is not provided, however, by
reasons of Customer, Customer shall accept the results furnished by Supplier as
co~plete and satisfactory performance.
9. CUSTOMER REVIEW OF WORK
Customer shall review all reports and data submitted by Supplier
within thirty (30) days following delivery and notify Supplier in writing of
any discrepancies or deficiencies contained in such material. All services
furnished hereunder are deemed acceptable to Customer unless proper notice and
proof of claim are made.
10. CORRECTION OF ERRORS
Supplier shall have the right to reprocess Customer materials to
COl"i..ect any mc.tsrial e.rrcrG for whi-:..'t~ it ~&y t2. l"'2'1ponsi1::1c :!.u. fu.ll
satisfaction of all Customer's claims, and/or Supplier discovered
discrepancies. In the latter instance, Customer will be given reasonable
opportunity to correct said discrepancies before continuance of processing.
Any corresponding delay by Customer in responding may result in significant
lengthening of production schedules.
11. SPECIAL SUPPLIES
In the event Customer desires the use of preprinted and/or unique
forms, including checks, Customer will provide said forms at no cost to
Supplier. Customer will be responsible for the purchase and selection of
compatible forms, and maintaining an adequate inventory of forms.
If-IOM/
12. PROPRIETARY RIGHTS
All programs, documentation and report formats provided by Supplier
are the sole property of Supplier. Upon termination or completion of the
agreement, Customer is entitled only to available copies of master files on
magnetic tape excluding object programs, source programs and program listings.
All programs, documentation and report formats provided by Customer are the
property of Customer.
13. LIABILITY OF SUPPLIER
Supplier shall be liable for loss, destruction or damage of Customer
supplied materials due to negligence of Supplier. Supplier shall restore the
lost, destroyed, or damaged materials, provided such restoration can be
reasonably performed by Supplier and Customer furnishes Supplier with all
source data necessary for such restoration.
S"~plier shall not be liable for fail.ure to provide, or delays in
providing, services herein, if due to any cause beyond Supplier's reasonable
control.
Cus tomer shall indemnify and hor"d Supplier harmless from all claims
and demands if any description arising out of the performance of this agreement
resulting in money damages.
Supplier's liability to Customer for any default in failing to meet
schedules under this agreement shall be limited to general money damages in an
amount not to exceed one month t s average charge to Cus tomer, based on actual
monthly charges paid during the previous twelve months, or such lesser number
of months in the event this agreement has not been in effect for twelve months.
Under no circumstances shall Supplier be liable for any special, consequential
or exemplary damages, such as, but not limited to, loss of anticipated revenues
or other economic loss in connection with, or arising out of the existence of ,
the furnishing, functioning, or Customer's use of any item of equipment or
services provided for in this agreement, or for specific performance.
14. TE~IS TO BE EXCLUSIVE
The entire agreement between the parties with respect to the subject
matter hereunder is contained in this agreement. In the event Customer issues
a purchase order, memorandum, specifications, or other instrument covering the
services herein provided, such purchase order, memorandum, specifications, or
instrument is for Customer'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 solely and not for
the benefit of any other person, persons, or legal entities.
15. REPRESENTATIONS AND WARRANTIES
Customer acknowledges that it has not been induced
this agreement by any representation or statements, oral or
expressly incorporated by reference.
to enter
written,
into
not
1l-/J69/
Supplier makes 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 agreement.
16. 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 Supplier.
17. WRITTEN NOTICE
All notices required by or sent under .:his agreement pha,ll be in
writing, shall be sent by means of certified maLe,. return receipt requested,
and shall be addressed as follows:
SUPPLIER:
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
CUSTOMER:
City Manager
City of Santee
P. O. Box 40
Santee, California 92071
Any written notice hereunder shall become effective as of the date
of mailing by registered or certified mail and shall be deemed suffic.iently
gi ven if sent to the addressee at the address set forth above or such other
address as may hereafter be specified by notice in writing.
18. GOVERNING LAW
This agreement shall be governed by the laws of the State of
California.
This agreement may not be assigned by either party hereto wtihout
the prior written consent of the other party.
!?-/tJ691
Time and the punctual performance of each and all of the terms,
provisions and agreements hereof are of the essence of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first above written.
THE CI Y OF CHULA VISTA
THE CITY OF SANTEE
~ R. AINSWO~
Mayor of the City_o~tee
ATTEST ~dfRrER ~
City Clerk
Approved as to form by
~~()J~~~~
City Attorney 7
Approved as to form by
'" 7 S;
.- I ,
l f _ -. i 1 ~
'--, C'-' 7'-c~ f t L,
City Attorney
j
Ii - / () 691