HomeMy WebLinkAbout1979-198
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RESOLUTION NO. "7 9- /~J?
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH XEROX
3 CORPORATION RELATING TO THE PERFORMANCE OF ADDITIONAL DATA
PROCESSING SERVICES.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN B~RNARDINO AS FOLLOWS:
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SECTION-l. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
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a Second Amendment to Agreement with Xerox Corporation relating
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to the performance of additional data processing services, a copy
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of which is attached hereto, marked Exhibit "I" and incorporated
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herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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~ meeting thereof, held
day Of~ ~~~ , 1979, by the following
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Councilmen ~ t?~
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Bernardino at a
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on the d2- /
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vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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c:l.;<"J day!
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The foregoing resolution is
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of
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, 1979.
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26 Approved as to form:
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SECOND AMENDMENT TO AGREEMENT
2
(Facilities, Management and Data Processing Services)
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THIS SECOND AMENDMENT TO AGREEMENT is made and entered
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into this
, 1979, by and between
day of
5
the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
6
referred to as "City", and XEROX CORPORATION, a New York
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Corporation, acting through its XEROX COMPUTER SERVICES DIVISION,
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hereinafter referred to as "Contractor".
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W I T.N E SSE T H:
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WHEREAS, City and Contractor entered into an agreement
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on January 22, 1979, relating to facilities, management and data
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processing services; and
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WHEREAS, the parties now desire to amend said agreement
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to reinstate the traffic portion of the Police System,
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NOW, THEREFORE, the parties agree as follows:
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1. Paragraph 5.1 is amended to read as follows:
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"5.1 Contractor's charges will be invoiced monthly. Con-
18 tractor shall bill the City in the amount of $33,565.00 per month
19 from July 1, 1978, through October 31, 1978, $31,173.00 per month
20 from November 1, 1978, through February 28, 1979, and $31,803.00
21 per month from March 1, 1979, through the term of this agreement,
22 plus all terminal, terminal maintenance, terminal accessory,
23 phone line, supplies, modem, ancillary and CAP charges. Terminal,
24 terminal maintenance, terminal accessory, phone line, modem,
25 supplies, ancillary and CAP charges will be billed separately
26 each month at Contractor's published rates. These charges
27 are subject to the provisions of Paragraphs 5.4 and 11 and
28 exclusive of taxes."
EXHIBIT "I"
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2. Paragraph 10.3 is amended to read as follows:
2
"10.3 During the term of this Agreement, Contractor agrees
3 to advance the rebate against future revenues to the extent that
4 the net cost to the City for services described in Exhibit "A",
5 and at the volumes shown in Exhibit "B", and at the rate shown in
6 Paragraph 5.1, shall not exceed $30,565,00 per month from July 1,
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7 197B, through October 31, ~97~, $2B,173.00 per month from
8 November 1, 197B, through February 2B, 1979, and $2B,B03.00 per
9 month from March 1, 19.9, through the term of this agreement.
10 This does not include terminals,' lines, CAPS, terminal accessories,
II modem, terminal maintenance, supplies and anCillary services
12 covered separately under this Agreement. At ~he Contractor's
13 option all amounts advanced may 'bEl', applied, agains1;. future pro-
14 cessing rebates payable. Also, at Contractor's option all
15 amounts advanced may become payable within 120 days if a sub-
16 stantial reduction in City processing volumes occurs due to
17 an application discontinuance causing a reduction in processing
18 charges per paragraph 11.3."
19
3. Paragraph 11.2 is amended to read as follows:
20
"11.2 From July 1, 1978, through October 31, 1978, the
21 monthly processing charge will be $33,565.00 and the cost to the
22 City will be $30,565..00. From November 1, 1978, through February
23 2B, 1979, the monthly processing charge will be $31,173.00 and the
24 cost to the City will be $28,173.00. From March 1, 1979,
25 through the term of this agreement, the monthly processing rate
26 will be $31,B03.00 and the cost to the City will be $28,803.00.
27 These charges may not be increased during the first year of this
28 Agreement. However, effective July 1, 1979, these two rates may
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be increased upon one hundred eighty (180) days prior written
2 notice and based on rate changes announced by the Contractor.
3 The percentage increase in these two items may not exceed the
4 percentage increase in the extension of the volumes in Exhibit "B"
5 times the Contractor's rates. Additionally, the percentage in-
6 crease in the total of all rates at this time may not exceed the
7 percentage increase in the Bureau of Labor statistics Consumer
8 Price Index for Urban Wage Ea~ners and. Clerical Workers - U.s.
9 City Average - All items - series A measured be~ween July, 1978,
10 and July, 1979. Another billing adjustmen~ may be made effective
II July, 1980, upon one hundred eighty (180)."l1ays prior wJ;;itten
12 notice. The percentage increase in the to~al ~atea a~.this time
13 may not exceed the p~rc~nta9'e incr,ease in' the I\ul::ea.. of Labor
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14 Statistics Consumer Price Index for Urban Wage Earne~s and
15 Clerical Workers - U.s. City Average - All items - Series A
16 measured between July, 1979, and July, 1980. It is recognized
17 that the index referred to will not be published until some time
18 after the rate charges have gone into effect. The percentage
19 figures determined by reference to the index are intended to put
20 a ceiling on the amount of increase, and any increase in monthly
21 processing rates which is in excess of the permissible ceiling
22 will be adjusted retroactively when the appropriate index is
23 available. until such time the City will pay the increased
24 charges as invoiced."
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4. Exhibit "Au and Exhibit "B" are amended as set forth
26 in the attached Exhibits "A" and "B".
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5. All other terms, conditions and covenants of said
2 agreement shall remain the same and be in full force and effect.
3 IN WITNESS WHEREOF, the parties hereto have executed this
4 Second Amendment to Agreement on the date first hereinabove
5 written.
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ATTEST:
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XEROX
XEROX
CORPORATION
~OMPUTER SERVICES
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By
Title "
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to form:
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I EXHIBIT A
2 XEROX SERVICES
3 IAS APPLICATIONS
4 Finance
5 General Ledger (Fund Accounting)
6 Accounts Payable (Fund Accounting)
7 Payroll - Labor Distribution
8 Stores Inventory
9 Accounts Receivable
10 Fixed Assets
11 Dog License
12 Library
13 Water Department
14 Service Billing
15 General Ledger
16 Accounts Payable
17 Payroll
18 Inventory
19 Fire Department
20 Fire Statistics
21 Engineering Department
22 Traffic Statistics
23 Refuse Department
24 Service Billing
25 Treasurer's Office
26 Maintain Fund Balances
27 Maintain and Account for Investments
28 Comply with the 1911 Improvement Act
29 Maintain and Audit Time Deposits
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1 EXHIBIT B
2 MONTHLY VOLUMES
3 Storage
4
5
6
Public Safety
5700 (XM)
6000 (XM)
Other
7 Disk Access'Units
8 Print Lines
9 Print Line S.urcharge
10 Transaction Codes
11 Utility Billing Accounts
12 Report Set Ups
13 Reporter Processing ($)
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15
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17
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19
20
21
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23
24
25
26
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Extra Copies (standard and reduced) ($)
Service Billing - Ancillary Reports ($)
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11,700 (XM)
290 (C)
670 (M)
610 (M)
600 (C)
41,000
310
940
615
630
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