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HomeMy WebLinkAboutReso 1989-14137 RESOLUTION NO. 14137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPUTER FACILITIES MANAGEMENT CONTRACT WITH EDP MANAGEMENTt INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City has contracted with EDP Management, Inc. since 1975 for the supervision and operation of the City's computer center, and WHEREAS, the current one-year contract with EDP Management expires June 30, 1989, and WHEREAS, since the firm's performance under the contract has been very satisfactory, a new one-year agreement has been negotiated with EDP Management to become effective July 1, 1989. WHEREAS, it would be infeasible to go to bid on this service due to the dislocation that would be caused while a new firm familiarized itself with City procedures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Computer Facilities Management Contract between THE CITY OF CHULA VISTA, a municipal corporation, and EDP MANAGEMENT, INC. dated the 20th day of June , 1989, 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. vw~ 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 s to form by ames R. Thomson, Deputy City ' torney r 5812a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF iULA VISTA, CALIFORNIA, this 20th do) of June 19 F~9 , by the following vote, to-wit: AYES: Councilmembers Cox, Moore, Malcolm, McCandliss, Nader NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None ~Chulo Visto ATTEST~'/'y2jry~'' ~ ~ City Clerk ,TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION N0. 14137 ,ond thor the some hos not been omended or repeoled DATED City Clerk CC-660 /~//~? COI~UTER FACILITIES I~NAGEREkrr CONTRACT THIS AGREEIt'ItT entered tnto thts - '20th day of .... a~r ..... , 1 989, by 11 cofpo ~en here1 nafter and between EDP Hanagement, Inc., a referred to as "EDP" and THE CITY OF CHULA VISTA, a charter city organized pursuant to the constitution and laws of the State of California, here nafter referred to as "CITY"; WITNESSETH: HEREAS, the City of Chula Vista destres to contract for the management and operation of its data processing 'facility, as well as the development of new systems and programs to meet Ctty requirements, and WHEREAS° EDP ts in the busthess of supplying such data processing services and systems development, and WHEREAS, the City of Chula Vista requires an independent contractor to supervise City personnel in the operation of said data processing equipment and further, to assist in the obtaining 6rid fulfilling of contractual obligations entered into by the City of Chula Vtsta, and WHEREAS, the City of Chula Vista desires to more fully uttltze t'ts existing data processing equipment to the end that more efficient servtce ts provtded to the public and to various City departments. NOW, THEREFORE, the City of Chula Vista and EDP Hanagement, Inc. agree as fol 1 ows: ]. TERR The term of this agreement shall be for a period of one (1) year, commencing July 1, 1989, unless terminated by etther party in the manner set forth t n Paragraph 23 below. 2. DATA PROCESSING SERVICES, EQUIPRENT, SYSTEMS DEVELOPRENT A. On the effective date of this agreement and thereafter, throughout its term, including any periods of extension thereto, EDP will assume the operational control, supervision of maintenance and supervision for all personnel utilizing the data processing and peripheral equipment described in Exhibit "A", attached hereto, and will provide qualified personnel for such functions, (except for those personnel herein designated below, to be provided by City), necessary to provide City the data processing services described in Exhibit "B". · . ... '-~T B. The specific services, system development and prices, terms and conditions for such services and system development, to be supplied by EDP, are set forth tn Exhibit "B" and the remainder of this contract. Exhibit "B" is attached hereto and incorporated herein by reference, as if set forth fully. C. The equipment set forth in Exhibit "A" shall be located within the facilities of the City of Chula Vista. The City agrees to permit EDP's authorized personnel and third parties, as may be mutually agreed upon, access to the equipment set' forth in Exhibit "A" for the purpose of operating, maintaining, repairing, and testing of said equipment. D. All EDP personnel haviQg access to said equipment or data processing facilities shall be agreed to, in writing, by the Contract Administrator of Chula Vista, or his designated agent, and further shall be bound by the terms of this provision regarding access and supervision of EDP personnel. / E. The. City further agrees to provide, without charge to EDP, all electrical power, air-conditioning and other requirements necessary to allow the equipment in the Ctty's facility to conform with the manufacturer's operating specifications. The City further provides that it will bear all costs of maintenance and/or repel r of sat d equipment t n the normal usage of the facility, absent such repair or maintenance being required due to negl t gence of EDP' s personnel. , 3. PERSONNEL A. Ctty hereby agrees to employ at Ctty' s expense the fol 1 owtng personnel to work with EDP, under EDP's supervision, in the fulfillment of their contractual obl i gati ons: 1. One Computer Programmer (as defined by Chula Vista Class Specification 7-9-80) or one Programmer/Analyst. 2. One Computer Operator (as defined by Chula Vista Class Specification 7-9-80). 3. One Data Entry Operator (as defined by Chula Vista Class Specification 7-9-80). 4. Any additional personnel mutually deemed necessary for the fulfillment of EDP'.~ contractual obl tgaUons. B. EDP hereby agrees to assist the City in screening appitcants for the various positions set forth above, at no additional cost. It i; understood by the par~tes, however, that any position filled within the work force of the City of Chula Vista, will be fmlled in accordance with the applicable Civil Service Rules and Procedures and that all dec!~ions regarding employment shall be the sole responsibility of the City. -2- C,-;.. EDP hereby 'agrees to provide no more, nor less, than one full ttme employee who shalt.be designated as the Data Processing Manager, and who shall have the overall ~responsibiltty of the operations of Ctty's data processing factltty.-and perromance'of the tasks set forth in Exhibit "B". ' :":~u~ther,',~;adrees that setd Data Processing Manager shall be , person mutually agreeable to both EDP and City, For the tnttial implementation of.this contract. said Data Processing Manager shall be Mr. dohn Pavlicek.,..ln the event of the replacement of any Data Processing Manager during the'performance of this agreement. or any extensions. it is understood that the City has the right to reject any substitution of personnel offered by. EDP,-'provided. however. that such rejection of a substituted Data Processing Manager shall be upon reasonable grounds. the written request...; of, the Contract Administrator. one or more full-time computer programmers to.~assist in performing.the tasks set forth in Exhibit ~I h employees "B". Such programmers.'..; working full-time under the supervision of the Data Processing Manager. The programer(s) selected," and their salaries, shall be mutually agreeable to both EDP and City., City: may terminate its request for such proQrammers upon 30 day's written nottce,'provided. however. that such progranner(s) shall be provided for a minimum of 90 days. During any period when EDP is providing such programmer(s). City'may insist upon the replacement of a programmer or reject any substitution, of personnel offered by EDP. provided. however. that such replacement or rejection,of 'a programmer shall be upon reasonable grounds. If Ctty~ terminates its request for a programmer or insists on the replacement of..a':, programmer, '.; that again to the City":during the remainder of the contract per od. tng"an~:"' ~'~'~'~;";~Whe~t EDP shall such programmer(s). EDP shall be compensated at a rate equal to the total salary and benefit cost of such programmer(s) plus 10% of their salary. City hereby agrees to make payment for such services in the same fashion that payment would be made for EDP ' s basic services. r, , :F.- in addition to the personnel 'enumerated above. EDP shall from ttme to time. upon the,,, request,-of the Contract Administrator. provide such supplemental personnel ~s may be necessary to comply with current operational requirements. Such personnel. however. shall not be provided should there be a position in the classified service for such work functions. unless personnel are provided on a temporary basis necessary only to fill current commitments. EDP. in compensation for providing such personnel. shall be compensated at an hourly rate set forth below, for each type of service provided: 0 Programmer/Operator at $27.50 per hour. i Programmer at $37.50 per hour. ':' Systems Anaiyst at $47.50 per hour. -:',.': EDP shall bill, on a"'Sepa~ate statement, for individuals provided according to ' this provision. City hereby agrees to make payment in the same fashion that payment would be made for EDP's basic service. 4. PAYMENT FOR SERVICES' ' A. The City hereby agrees to pay EDP for the basic services set forth in Exhibit "B"', $5,951.78 per month during the term of this agreement. B. In addition, City shall pay EDP such additional sums as may be due by virtue of EDP's providing staff to City's computer facilities, in addition to the Data Processing Manager, in accordance with provision No.'s 3E or 3F. C. In addition, City shall provide the following incentive system based on the gross revenues, from outside agencies. earned by City' s Data Processtn.o Division. For the one-year period beginning ~luly 1, 1989. City will pay EDP ..,.. ll~. of all revenues earned in excess of $100,000. provided. however. that such ,'~, incentive payments t6 EDP shall not exceed $8.000 for the year. City shall ps) EDP a pro-rated incentive payment, if earned, after the first six months of the year, with an adjustment for the entire year's incentive payment at the I~i'i end of the year. -. ~'i=l O. From time to time, the monthly amount owing to EDP from the City may be reduced by the amount EDP owes to the City for EDP's usage of the City's computer facilities, as set forth below. Sa~d total monthly hours of computer .~, time. consumed by EDP, shall be multiplied times the hourly rate of One Hundred and Twenty ($120) dollars per hour. It is understood and a,qreed ,, however that the first forty-one (41) hours of computer time consumed per :,. month, or any accumulated computer time consumed, shall be free of charge. . .~i. For any month in which EDP's computer time usage exceeds the amount of free ' time available to EDP, as defined above, EDP will submit a credit invoice reflecting the computer time consumed by EDP, E. The payment to EDP shall be made within thirty days from receipt of the invoices covering the previous month's service, and the City retains the right to deduct any amount shown to be owing to the City from EDP, pursuant to a credit invoice submitted by EDP for the use of City's computer facility, In the eYent, during any thirty day period, thu ~tzm owing to City from EDP exceeds tt~,'-~c o,~ed from City to EDP, payment by ~DP to the City shall be made within thirty d~ys from receipt of the invoice covering the previous month' s operations. ! , :., F..,.The::~CttY'/'!!'.~:i'i'i;'~:."reimburse the Data Processing Hanager, or any programmers provided by.EDP tn accordance'with provision No, 3E, for expenses when traveling for City:'bustness, provided that such reimbursement is subject to t · approval of.:'the Contract Administrator. A, City I~r:;t~/'~:;('~;'i"'.~.:~allow EDP'*"the usage of City's computer facilities during the term of.this.agreement as specified below. EDP ~111 be allowed forty-one'~(411 hours per ;'.' month of',l.'cmputer' time without charge. Sa~d "computer'time"'is deftned in "B" below. All credit invoices issued to City, shall be in accordance with tile' definition of computer time, as set forth below. EDP 'shall-have+ ..the usage,"of Ctty's computer facilities during any. period 'where the usage of the computer. facilities does not conflict with the processing of City :,information, or'..,tnformatton the City ts providing, due to: contractual 'commitments;~!;i~Zn any:;event;,~<City's' processing requirements have priority over, all p~O;JeCts' oPerated; by EDP for private customers. In the event that 41 hours are not'utilized during any month. EDP may accumulate a maximum of one hundred sixty-three (163) hours computer time, to be consumed, as scheduling permits.-~.:,EOP shall have no right to utilize or accumulate any computer time in excess "'.. 'of 163 hours.?.;~ EDP, shall not be entitled to compensation for such computer time as may be accumulated if such accumulated computer:' time '--is not ,, utilized during the term of this agreement. Notwithstanding the above ~testrtctton, if the end of the term of one agreement between the parties is immediately followed by the beginning of the term of a new agreement between the parties, any unused computer time accumulated during the previous agreement will be carried forward. ~:,.. ,·~- EDP shall: insure and warrant' that all employees of EDP shall exercise due care in utilizing Ctty's computer facilities. EDP shall further take such steps as are necessary,.to determine that such personnel. as may utilize Ctty's computer facilities; are competent to operate the equipment in accordance with the manufacturer's specifications. B. "Computer Time" fop the purposes of this agreement shall mean that time figure listed'on Burrough's software proCram LGAD03, identified with the name "Program Execution Report, as calculated in the following manner: (1)'The-total computer time in hours shall be equal to the (2) For purposes of the execution of this agreement, EDP hereby ~arrants and agrees that it shall not uti! i2q any charge number 0 account except No. 100,0 0 through No. 199,999 ~or work perfG,~,:ed by EDP, other than in conjunction with systems and programs for the City as described in Exhibit "B". ::e' shall be made to said LGAD03 Burrough's software program labeled ' .'Program Execution Report". without the express written consent ~F~ ,~, . of the C tty C. EDP's usage of"Ctty's computer facilities is further restricted to -.': the use by EDP,,,of..:~.said..faciltties for the development. testing and .;iii experimental operati on ,' of programs and systems developed by EDP for private clients.-,. EDP..agrees that City's computer facilities shall not be used to run operational 'systems or programs for EDP's private clients. and may be used only for developmental and testing purposes. O. '. Fo~':'~an~t'~nth~'~:':',~w~*~'h EOP's usage of Ctt~'s ~computer facilities, exceeds the amunt of time'available to EDP free of cha~e. E~ shall provtdo City. with a'cmdtt tnvotce-'to sh~ the c~puter hours .utilized pursuant to thts,agreemnt."~,Satd credit. invoice shall provide the City with a credit of $120 per hour of usage of cmputer time by EDP personnel. Co~uter tt~ shall mean the deft nition of .,,., "computer time" set forth above. EDP shal 1. additionally at their o~"expense. maintain.. the;:following records to show 1. A copy' of the monthly prtnt~ut Repart described above., 2. A-'We'~'~I~'-rec'ord'~of the.-EOP personnel (absent those specified in this agreement) who have utilized the City's computer factlities. ' ~' . ref~renc~ the time of day .~'.." 3 The aphroxtmate hours. wtth those said personnel utilized the City's computer facilities.' - ~'-" 4. Said records tn No. 1 through No."3 above shall be open to ,.;;,,.;'~. inspection by the Contract Administrator or his/her designees. on no more than one week's notice. A. City shall retain "title to its proprieta~ programs in operation' at ,'.~. the time of this agreement and developed during its tern. Additionally, such .' other programs as have been contracted fop by the City and EDP shall r~ain the property of the City. With respect to such programs and systems ~t forth :.': above. EDP shall have no right. title or interest therein. ~" including the right to market or convey said programs. except as expressly set ~, forth by separate written royalty agreements between the parties. .- . routines, subroutines; techniques, ideas or formulas developed by EDP B, th respect" to programs or systems developed by EDP for its cltents, other than the City of Chula .Vtsta, all specifications, applications, regardless of whether they were developed before, during or after the term of thts agreement, and Irrespective of whether such applications, routines, subroutines, etc., were developed whtle utilizing Ctty's computer facilities, shall be and rematn the property of EDP, 7. PROPRIETARY INFORMA'TION AND SECURITY A. All written tnformat~O~ submitted by City to EDP in connection with services performed by EDP under this agreement which is identified as .., proprietary information.' shall be safeguarded by EDP to at least the same extent as EDP safeguards like information relating to its own business.If such '-:' proprietary data must be .publicly disclosed, EDP shall bear no responsibility for its disclosure. tnadvertent or otherwise. provided. that EDP notifies Contract Administrator: for.~,the City:of all requests for the disclosure of information, not less than'::2~ hours prior to the release thereof, In the --..'.~..' event of an emergency. necessitating the; immediate release of Information. EDP ": shall provide such notice to,.the Contract Administrator. or his destgnee. as soon as practical EDP 'fUrther agrees to abide by all federal and state laws regarding the confidenttality,of public records. B. EDP will. from time,to time. meet with representatives of the City to "2""' assist in the formulation.and review of plans and schedules for the rotation of critical files to another offsite location, in order to insure recovery assumes no liability' for losses resulting from Ctty's decisions relating to i";" the implementation of various rotation plans. If said records shall be in ,.: EDP's custody. EDP shall' exercise due .care in the handling. storage and ., transference of said files'~.;',.~: ,':,-. : ": J'' "" ':" ' '" ' : " ': ' ': C. Unless specifically approved .in writing by the City, :all data. processin effort covered by this a~reement 1hall be performed on equipment .. and factllttes located in .the City o Chula Vista, provided, however, that in ' the event of an emergency where prior written consent cannot be obtained, data '- processing work pursuant to this contract may be performed offsite Do EDP shall establish and maintain reasonable safeguards against the - destruction or loss of Ctty's data programs in the possession of EDP or EDP's 8 STANDARDS A~ID GUARANTIES EDP sh.il utilize its best efforts to guar;nty the following at no .-. additional cost to City: ',' - 7 - , .! -.'v?,~ ", A. The continuous operation of the data processing department by EDP and Ctty personnel, Including the operation of all those systems currently tn operation and those systems set forth .in Exhibit "B". B. To furntsh such s~rvtces, Information and reports as are required by this agreement on a timetable and tn a fomat as mutually agreeable. operators p~ogramming personnel systems analysts (except ~hen such personnel shall b; furnished by the City)' and the necessary electronic data .processing programs as set forth tn the bastc servtce D. To operate all s~'st~m~ developed during the tern of th~s ag~ement, upon their compleUon and acceptance by the C~ty, ,.~ E To provide sufficient maintenance of effort to ~nsure an operaUonal status fo~ all current operaUonal programs and those contemplated ~n Exhibit F. To ma~ntatn and, w~th the concurrence of the C~ty, enhance the current level of ~nternal control and documentaUon standards for operaUon and maintenance, ~nclbdtng, but not l~mtted to, user manuals, systems manuals, operaUn manuals, and programtng manuals. Sa~d docu~ntaUon shall, upon. tem~n~t?on of th~s ag~emnt~ become the property of. the C~ty. G. To establish general s~andards for all ne~ systems that are to be developed and submit them to the C~ty for approval, H. To ~nsure that ali systems currently operaUonal and all 'ne~ systems developed durtng the tem of thts agreement have adequate doc~entaUon to' allow revts~on by EDP personnel or operaUon by a ne~ Data Processing Nanager, , 9. FORCE ~ EURE '- If EDP ts p~vented from perreining any task hereunder ~n whole or tn part as a result of an Act of God, or civil disturbance, labor dispute, or other cause beyond its reasonable control such perfoBance shall not be a ground for temtnatton or default, EDP sh~ll use its best efforts to provide directly, or indirectly, alternate and, to the extent practical, comparable perfomance. Compensation shall*be equitably adjusted up or down, as the case may be, Other than any such equitable adjustment, EOP shall not be liable the City for any non-perfomance on the account of any of the above, In the event a cou~t of competent ~urtsd~ctton should rendeP"a f~nal order oP final Judgment en~otn~ng o~ restraining perfomance of thts agreement by etther oP both parties hereto, oP ~n the event such a court should ¢ec~are this agreement void or illeOal, then each party ts relieved and dissolved of all of the obligations hereunder, subject, however, to the provision of Paragraph r prior to such adjudication. 10. RISK OF LOSS City shall be responsible for the protection of all work, including data, following tts delivery to City's users. Prior to such time, EDP shall be responsible for the protection of all data including, but not limited to, I programs which have: been · developed, systems and documentation of all operational programs in existence, to the extent that-they are under the 11. C0~CT ADH~Ni ST~TOR , CSty heroin shall appoint a contract administrator, ~hose funcUon ~t ts to see that all provisions of this agreement are met, Any required discussions or negotiations, as se~ forth (n th~s agreement, shall be tnfUally'. conducted with. the contract administrator. Said contract adm~ntstratoP shall be the .Deputy Ctty BanegaP, oP 'hts/he~ designated representative, unless the City Managep expressly designates a different individual as Contract Administrator. EDP shall designate additional individuals who spea~. on behalf of EDP for the pu~ose of conveying tnfomation, requ red reports, and such other contracts with the .City as may be required from time to time.. 12. DATA PROCESSING CO~ITTEE There may be fomed~ pursuant to.,th~s agreement, a data processing comettee ~htch shall constst of the contract administrator. representative of EDP, a rep~sentative of the City Manager's Office, and such department heads as, from time to time, shall be users or potential users of data processing services. Said co~tttee shall meet from time to time, but City retains the aptton to require a meeting no more than once per. month unless mutually agreed o~he~ise. The purpose of,. such body shall be to assign work goals.to EDP for systems development and/or' programing. Additionally,-said comittee may make recomendattons regarding speed, efficiency and quality of service rendered on existing programs, It shall be the duty of City to note and record all discussions taking place at said comittee meetings, 13, SUPPLIES City shall supply all paper, reproduction facilities and other fungible supplies as may be-needed by EDP in perreining their c,,tractual obligations, The City, however, does not pledge to make ~vallable software programs or technical ananuals. City further pledges to provide, through a contractual maintenance agreement, an on t program of maintenance, as go ng required to insure the continued operation of the data processing facility during nomal working hours. It shall, ho~vever, be the responsibility of the Data Processing Manager to contac~ Clty's maintenance contractor to insure -9- two weeks;'Ctty shall.be alleviated of thetr obligation to provide computer ttme to EOP,'durtng .such time as the equipment is non-functional, City shall not be alleviated from its obligation to provide EOP with its accumulated usage rights unde~ thts agreement, to the extent that EDP may accumulate computer usage 14. AVAZLABLE EQUZP~ EDP shall have available to ~t, fop for ~ts own funcUons, the equipment l~sted ~n Exhibit "A". ?~- , ",.-, 15. ACCESS EDP hereby agrees 'that no EDP personnel, other than those approved by the contract administrator or his designated representative, shall be given access to Ctty's data ~mcesstng facilities. EDP further agrees that a log shall be kept of all persons entering and utilizing said facilities. EDP's designated Data Processing tianager shall be exempted from this requirement. City pledges in retur~ to take all necessa~ steps to clear such personnel through City's police department, in order that access may be given 16. PATENT AND COPYRIGHT INDE~I~ EDP agrees to indemnify and hold the City, its agents, and employees, hamless from any loss, damage or liability States patent right or copyright with respect to the use of any item delivered hereunder; providing, EDP ts promptly notified tn writing of any suit or claim against the City. Provided further, that the City permit EDP to defend,., ~ompromtse or ~ettle the same and gives EDP all available 4nfomation, assistance and authority'. to enable EDP to do so, EOP's indemnity as to use shall not apply to any infringement arising out of use by the City, tn nation with. other items, where such infringement would not have occurred tn the nomal use for ~hich the item or items were designed. 17, INDEPENDENT CO~ff~CTOR Neither the.,C~ty nor any of its agents shall have control over the conduct of EDP Management, Inc., as contractor, except as heroin set forth, and EDP exp~ssly warrants not to, at any time, or in any man~;er, topresent that It or any of its agents, serfants or employees, are in any manner agents, servants or employees of the City, it being distinctly understood that td EDP Management is, and shall be at all times tn the perromance of this agreement, a wholly independent contractor and EOP's obligations to City are solely such as are prescribed by this contract. 18. 'DISCRIMINATION EDP agnes~ that 'no person shall be excluded from employment by EDP Management tn the performance of this agreement on the grounds of race. creed. color. sex. age, or nattonal ortgtn. Zn thts connection. E:DP agrees to comply with al1 State and Federal ..'laws relating to equal employment opportunity rtghts. ; ".-' 19. .. WORKER' S C~PDISATZON AND OCCUPATZOUAL HEALTH AND SAFETY EDP . agrees ,,~ to ,,. .. ,. compensation tnsuranCe.".~to ,'-cover its employees applicable provisions or ;.,the' Cal~fOrn~a La or Code." In this connection agnes that although ~ts"~mployees used tn connection: ~tth th~s contract ~t'11 be on Ctty prope~y;:*satd employees are not City', e~lOyees'~for the pu~ose of ~orker's compensaUon..:.~. EDP ' further agrees.'--that contract tt wtll c~ply wtth all-provisions of the'. State and Federal Occupational Health and Safety Act. EDP shall further endeavor, pursuant to the Occupational Health and Safety Act, to make recomendations to the City should changes tn facilt.ties be necessitated by cmpltance with said Act or 20. C~.~LIANCE WITH CIVIL SERVICE RULES · "' ~n the~P'.'supe~v~s~on of C~ty e~loyees, hereby pledges to grant and utilize all procedures set forth by City tn its Civil Service Rules tn-EOP's dealings with City e~loyees. EDP Management shall have no right to suspend or othe~tse deprive a. City employee of substantial dest gnee. .-. ,:,;,. '.~' ~,,-. ,. ~ -' 21. LIABILI~ :""'~ ..... ~ '" ' ' ' A. EDP and City each agree to indemnify and hold ha.less the other fr~ any loss. damage. cost or expense which the other may sustain or incur by ~ason of. or arising from. any accident or (nju~ to personnel or employees- of the other. as well as any loss. damage. cost or expense which the other.may incur by reason of injuries or damage to third parties or property caused by the acts of the other. occurring tn the course of this agreerant. B.' EDP exp~ssly warrants that, ~n the event of an error or omission due to activities of EDP's personnel. programs. systems or equipment. without limiting the right of City :o damages. EDP will correct such error. or omission at no additional cost to tj~e City; provided prompt notice to error or omt ssl on i s gt yen to EDP. -ll- . C, EmPloyee Ftdeltt~y Bond. City hereby reserves the right to require any and all personnel of EDP Management having access to Ctty's computer facilities to be bonded with a fidelity bond or a faithful performance fideltty bond~ at City's option, tn the form and manner acceptable to City. The face amount of satd bond shall be $100,000 for the Data Processing Manager and $25,000 for_other EDP employees, and such bond shall be destgned to gtve protection to Ctty,agatnst,,dishonesty and loss occurring during the term of the bond.: Should.'the City'require any EDP employee to be bonded, City shall give EDP '~to., less than 30-days. notice of/Ctty's exercise of its option to require such bond.',.,, The cost of all such addlUonal bonding shall be borne equally by the parties 'to this agreement, 22, PUBLIC LZABILZTY. 'ZNSURANCE., ~n addttt(m;t~"';~e"'P~ovtstons Of No. 21 above, EDP shall be requtred to take out and.maintain Comprehensive. General LIability insurance for bodily injury and broad property. damagel and Personal Injury Liability coverage with a minimum of $1,000,000 combined single unit,:./City shall be provided with appropriate Certiftcates".of Insurance on the 'above stated coverages. Said Certificates must verify'coverage, state the policy term, and assure that City will receive a mtnimuni 'of 30 days notice prior to cancellation of, material changes in, or intent not to renew said insurances. 23. TERMIHATI 0|i .... A. Either party shall have the right to terminate this agreement subject to the provisions herein. City may terminate their agreement. with EDP for the services provided upon 90 days written notice served to EDP at the location provided in Paragraph 28 below. Upon notification of terndnation, EDP shall waive any right to utilize City's computer facilities beyond 41 hours, per month, and without prejudice to EDP's accurnulated usage rights, subject to the provisions of Paragraph 5,A, B. EDP hereby has 'a r~ght to terminate this agreement upon 90 days written notice .to the Contract Administrator at the location provided in Paragraph 28 below. in.the event EDP notifies City of its intention to terminate, City hereby reserves the right to wind down services provided below, C. Upon notification of EDP's intent to terminate, City may utilize EDP's services to do any or all of the following things: 1, Assist City ~n locating and screening a new Data Processing Manager ~nd/or permanent City staff for the position 2.Review of the do:t~mentatton provided for above to assist City to assume control of City's computer facilities with City personnel, 3. Such other activities as City may direct, This provls~on is ~ntended to a.iloW City the option of the above performances or the performance pledged by EDP in Exhibit "B", · ,- . . :, .~. ,,:,',,+. :... 24 EXISTING CONTRACTS A. ~t is hefebj/~-';~j~pUiated by the parties that this agreement is Independent and separate from all other written agreements between EDP and C tty. ... .. B. The City sttpUia~es that it has no interest or rights in and to programs developed by EDP-utilizing Ctty's computer or other facilities for clients of EDP other than City.', Proprietary items belonging to EDP prior to this agreement ,- and developed for clients other than City shall remain the property of EDP, unless hereafter sold or~ieased to the City, in which event~ City's rights are determined by: the.terms/'af such sale or lease. ' reb)/agree not to employ or otherwise utilize the A. C tty and EDP, h~ services of the other :party's employees durtng the term of this agreement or for a period of two (2) years thereafter, except as may Otherwise be agreed to between the ',:~ ~. B NotN~thst'andtng programmer(s) provided by EDP, in accordance with provision Ho. 3E, only for the first six months of their working at Ctty's computer facilities. After six months, 'City may hire 'such programmer( placement fee equal to a percentage of 'said programmer's annual salary, That percentage shall be equal to the number of-thousands of dollars that the annual salary would be if tt were raised to the next highest $1,000, up to a maximum of 30%. 26. SEVERABILITY Each paragraph and provision of thts agreement is severable from the contract and if one provision or part hereof is declared invalid, the remaining provisions shall, nevertheless. remain in full force and effect. A. This agreement is subject to the terms and conditions set forth in tts provisions, tncludtn.~ Exhibits "A" and "B", and any other exhibits or appendices-which may be appended hereto. The full terms of Exhibits "A" and "B', and appendices are incorporated heroin by reference, with t';e'same effect 8. It is expressly agreed that this aOreement embodies the entire agreement of the parties tn relaUon to the subject matter hereof, and that no other agreement or understanding, verbal or .otherwise, relaUve to the subject matter hereof, exists between the parties at the time of execution. Where the agreement provides that certain specific terms are to be negotiated and agreed on by and between the parties, said terms at such point as are mutualiy agreeable shall be added to this agreement and constitute e portion thereof. C. This agreement t s intended by both parties to revoke any prior and/or extsttng agreements between the parties. O. This agreement' shall be construed tn accordance with the laws of the State of Ca1 t fornt a. 28. NOTICE All notices required by EDP Management, Inc; shall be mailed to Mr. Charles Cox, 5465 Lake Murray Blvd., La Mesa, California 92041. All notices required by City of Chula Vista, pursuant to the performance of the terms of this agreement herein, shall be mailed to Mr. J. R. Thomson, Deputy City Manager, 276 Fourth Avenue, Chula Vista, CA 92010; IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first heretnabove set forth. THE CITY OF CHULA VISTA EDP MANAGEMENT, INC. clty Clerk y Approved s-  Attorney ~C 09821 : ....... The City will provide and 'maintain the following equipment' for the use of EDP .-. (n fulfilling its contractual obligations to the City of Chula Vista, as ~ell- . as for EDP's use fop sys~ms and program development ~ork: · - ' ~e Burroughs' B3955 syStm and related equfp~nt. that was ~X mutual consent of EDP and the C]W,. - .,..~. ".t . ..... ~:.~, .. . ;, .,: . .~ ~,: · - .::.'.. BASIC SERVICE REQUIREMENTS ' General ReqUirements*,~ ~"' "" EDP he~eby"pledges to provide the services described tn Exhibit "B" o e City of Chula Vista each month. EDP's Data Processing Manager shall supervise '. the City personnel ..-. listed in Paragraph 3A of the basic contract. The :. Data Processtng Manager. shal 1 have the overal 1 ~sponsibtltty of.the City'~.data processing facility, including, but not limited to.".data :ent~, operations. systems development and programtrig, and coordination :with 'other agencies having. data processing service .agreements with the .City. EDP shall prepare such manage~nt reports on Opera~ion'ai.Re~ui~,'n~'s~ .-- EOP"'.:;~a'~=' sU~v~Se~i'~he"running ,nd-'Operatton of the City's computer systems-and programs and, further, will provide such supervision as necessa~ to insure~.the data base ts properly maintained. EDP will additionally coo~inate with all users of data outputs, be they panics City has contracted with or the various depa~ments of the City of Chula Vista, to determine that their needs have been ful filled by the operations of the programs and systems herein listed on Pages B-3 through B-6 or of additional programs and systems that may be developed during the tem . . . .~';~, .~: .-. '~.'.~ ~. ~.:..~. , ,, ~.'.~?~ ,.,'...~.,, .... The' Oat~ P~ocess~ng Manag~ sh'all::~SS~st' the Contract A~ntstrator ~n markeUng the use of C~ty's computer to public and ~uas~-publ~c agencies. .... w~th the ~ntent of the matke'~tng being to establish a contract between. such agerides and C~%y for the,use of Ctty's co~uteP. Systems ,,velO~;~ "~d' Programtng Requirements A. In addttion"..t~"'.:':~roviding for the supervision of data ent~ and development of Ctty's data processing capabilities. Said services shall be provided on such projects as may be directed undertaken from time to time by the City's Contract A~!ntstrator. In this regard, records shall be kept by the Clty's Contract Administrator, or' h~s/her designee, indicating such work as ts to be perfomed. City reserves the right to require record keeping to detail the expenditures of said progrs.ming or systems development efforts by EDP staff. [DP hereby.": pl'edgeS:.'that;~ the Data Proci~sStng e4anager. or such other persons as may be offered by EDP to provide the servtces contemplated tn the Ctty's,jright to'I computer programming. systems analysts and general :~ development . of Ctty's data processing capabilities. shall be competent.and experienced to supply ,satd services as are needed by ; the',':"eve'~t 'ciW-:"'~Ue'~t~'-.~;~'~'~S~e~;<'a~:~l~s1'~'~"pP~gramlng than sa~d serWces ~may:~be~~ a~thoP~ zed. ~y,. the Contract A~n~ strator. · shall ~thereupon pPov~de.~ such additional '.hours of~ syst~s developrant "and/or,'pro~ramtng:aS requested., tn accordance:.tth the b]ll~ng rates ~ set.forth.. n Paragraphs~ 3E,,or 3F of the basic contract.-.; .',,. :- .. ,. 'Data'PPocess~ng"Nanager:,~tll~;:,on'an'~ as-needed ba~f~;.;,.;P~V(de technical consultat~on:"~ and ,~ asststance~ to '.: Ctty,, staff~ responstble~:-for sys~ms?other",~,:than~the~'Data.'~.ProCesstng DIvision. such':'as.~the Automated Ltbra~' System""and the .,~ord. Processing Cluster. Contract" A~i'ntSt~atoP~a~'d"EDP:"Shall 4otntl a';t~n; allocatton:.'of..the~'s. Data"':.-,Processtng Manager's time among EOP's various responstb(l Ittes for' the :Ctty's data process(n..~-,; - :~.~.:~.~,,~:,~ , ,,~ ',.,,~ ~.. ,-. - ~ ,,~ '. ,. ~ . ..~e % .. ;;: ..... ,. "' '~''' , ' '~;..:~ . CITY OF CHULA VISTA DATA PROCESSING SYSTEMS AUTOMATED ACCOUNTING -' ts""run weekly, with special monthly and annual reports. ' Serves al l'departments. - BIKE LICENSES - is run aS required by the Police Department. BOARDS' AND 'COMMISSIONS .~."~.;'!Thi~'*.system .provides a roster of all members and BU~ET- p~duces VartOUs'suma~ and'detail reportt'ng throughout the budget cycle. BUILDING '& HOUSING- Statistical. reports are sumartzed'monthly from butldtng BUSINESS LICENSES - are run btweekly with quarterly and annual renewal notices and licenses ~sSUed. - .... CWNCXL REFER~L AND PR~ECT MANAGEENT SY~EM - records, monitors and reports m~jor itemS"of interest to th~ Mayor, City council and City Manager, DATA 'SY~Et~ PR~ECT ACCOUNTING - is run on demand with input from tin sheets, O~ LICENSES - are run btweekly with renewal notices printed annually tn December, . , FIXED ASSETS- are a quarterly run with reports showing activity and current location of the tnvento~ of the City. LABELS- are printed on demand from requesting departmentS; Once a name and ~s label_ ts prtn~ed,..tt ~.s saved tn a mailing list for later reuse. LEGI~ATIVE HI~ORY~'- there are two of these systems. One Council's actions'and the other ts for tracking status of items of interest within other legislative bodies, .. PAYROLL AND PERSONNEL '- system ts a combined system which furnishes all of ~t~ee~lY, quarterly and annual reports, It includes checks, Journals, accounting, retirement and personnel reports, PLANNIIIG AND LA)!D USE I~ENTORY - ts run on demand. It identifies each - .. asseSsOrtS pa~'cel within the City and from that dat& base various reports (both su~a~ ~,n,i detail) can be printed. The system also updates the County PLANtlING PRgJ. ECT.A~Cp~NTIN~- furnishes labor and cost reports on their ~ttvittes. ~: .'.~...'., .'..',. -,~, G - 3 POLICE DISPATCH' O%~ATCH--.*a.,system which aids ~n tracktrig and recording police activity lda~s'per..week. 24 hours-per day. POLICE INFORMATION SYSTEM P~%CE"~ZN~OR~T~bN:"~E~"~'~<;'~' ~n ~eekly ,.' and provtde. both ..ttsttcal and -~eta41 repo~s of called ~or' services. POLICE RESERVES P'~tCE'RES~'<'E~:~:~'~",~:~R"'~T~'~iy'and'p~Vtde~"'a deta11 report of .cttv,W ~'~ a rese~e ~os~;';;~:~*,'::~':(~'~:~.~,.~,.~-,· '.::' .':.~. ~,,.~-,,h; ,. .'.: ::,,... . REDEVELOPMENT PROJECT ACCOUNTING REDE ~0 {~L;P~ET<:A~¢OO~YHG '~:{s='rUn-"btweekly and provtdes analysts of STREET DEFICIENCY 1denrifleS those"~eaS'~where':stdewalks and 'Streets rest be. traproved. TAX ASSESSOR'S SYSTEM 'TAX" ASSESSO~'~;~"'Sg~H'?'~'~?~;~'~"~'S"'-'~abel~'~"~nd vsr~U~:" ~'repo~s Eoptes of' the Count~'~ S~ tax,.ftles. , .:. ;,, ~,~,...,, ~.,;<~,,~;.;:~:... , ,- ~ ~. . · ~,~.~....' ~ ~:: :~ ~::, .....r,, h.C~:;~R3~,~:,;' ~%'~.:d;::', :" ~;.': '.:"~ ~'.~','~:~:;:<'TY~:~: ,%~>,,,~.'c ~<~'.L~ . ',:, :""':' .'~'. SPECIAL ASSESSMENT DISTRICTS SYSTEM SPECIAL'-'~':ASSE~SHE~'DI~'RZ'TS"~YSTEH '.~'furn'ishe~"the COunty.. wtth 8 magnettc /tape contalnlng ]atest'lnform~tlan'~ga~tng spectal assessments. ..... t: ....... .... , ....... · ..... TRAFFIC INVENTORY AND CONTROL FIRE DISPATCH SYSTEM Fl~:'.Dl~+CH:l:SY~fH',,~l:/i=~s?l~f~re;'d' spat~In~':~personnel: tn selecting proper PARKING TICKET SYSTEM ~"="~A~'%NG"T~CKET SY~EM on-ltne processing parktng ttckets wtth a .monthly. batch update .f~om VEHICLE MAINTENANCE SYTEM STORES INVENTORY TAPE LIBRARY SYSTEM SECURITY SYSTEM VEHICLE: ~NTEfiANCE SYSTEM o~.ltne me 'i nance systffi wtth- ~nterface ~'accOun~t~g and ]nventoW system. " STORE'~ TNV~TORY"r~~: ;~:'~"~";~"':;~"'~'~:'~""' 'TAPE LZB~RY SY~H~'~l:;?l'~:{'~m~ted l(bra'~ of computer tapeS; SEC~T~ SY~EM- syste~ tO~'~estNct access to Computer systems and data, . , ,. ., ,., ., , ..... - ~ DATA PROCESSING SYSTEMS ~ -.:.. , OUTSIDE USERS ";:~'; CITY OF EL CAJON ~ .-';":: Automated ACCoUnting - :.. 1911 Acts Btlltng.: · '.:-. ~ - . . .' ',:':,':~'.:.~..'.-Pro4ect Accounting .-" ":~::':,>~.:, Business Licenses ,,:!..:,,,,,::.'.'., · .': ~i'i!":::; ,.,~ Dog Licenses .... ' -'.';"~ CITY OF IMPERIAL BEACH .  :ii 2,;Automated Acc~)'~nttng ~ ,, Btll "'and'~'~'aunts R.e~Vable CHULA VISTA SANITARY SERVICE ~, ,, ~;: · .,~ ~,: CITY OF CORONADO Land Use Znvento~ ', · ~'~ p~Z,Otl O~,,PAN-AS~AN C0~N~TZES (UPAC) '~ Automated ~ccountfng ' ": L , ,. ,; ~, ~.,, . ,. ~,'; UNION OF PAN-ASIAN COMMUNITIES (UPAC) : ..: '~::'~ I . · · ,;,.. , CITY OF CHULA VISTA * ~ ' DISCLOSURE STATEMENT =,~-~ ~PLI~NT'5 STATEMENT OF DISCLOSURE O~ CERTAIN O~ERSHIP INTERESTS ON ALL ~PLICATION~":'~. ..... ~ICH WILL REQUIRE DISCRETIONARY ACTION' ON THE PART OF THE CITY COUNCIL. ':~,, CO~ISSION AND ALL OTHER OFFICIAL BOOIES. , , , ~ ,~,~ ~'~ )e follgwing' tnfomattOh""~st. be dlsclosed: · ":' ,, .,. .... ,: · ,":~ 1. List the n~es O~ all persons having a financial interest tn the ~~. ,~b I ~ r. , ~,~,. · " ..... v - ~ ...... ' - ' ............. ' '-" :- - LIst ~e n~es of 811 persons havtng any o~nershfp triterest in the propert~ f'nvolved. ,'~, -. ;.?,~ , ,, , "~ 2.' If any person identified pursuant {0' ) above Is a corporation or partnership, list :;~ :, the names of all tnd~duals owntn~ more than 10~ of the shares tn the corporation:~. .~~ or ownlng any partnership triterest n the partnership. . '. t~ ~X - . "' · .... . ...... ~ . __ --. - _ - ..... _ 3: ._ -~ ---- ..... .L; · 3. If any person identified pursuant tO (1) above Is a non-profit organization or a ~;~ trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ,,L;' 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Co~isslons, Co~ittees and Council within the past twelve months? ~*' Yes No ~ Zf yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnershfp, Jotn~ venture, association,::: bocial club, fraternal organization, Corporation, estate, trust, receiver, this and any other county, city and county. city, municipality, district or other : political subdivision, or any other group or combin. ~on acting as a unit." ,,.-:':,~:, f' (.OT~: Attach additional pages as nece s y ) ~ ~ . Sar '