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Resolution No. 6135 1 RESOLUTION NO. 6135 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING 3 THE EXECUTION OF AN AMENDMENT NO. 1 TO THE INFORMATION MANAGEMENT AND SOFTWARE 4 MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND FLAIR DATA SERVICES, 5 INC. 6 WHEREAS, the City of Vernon previously executed an 7 agreement for information management services with computer 8 Management Services, Incorporated (CMSI) pursuant to Resolution 9 No. 5373, which was approved by the city Council on February 24, 10 1987; and 11 WHEREAS, CMSI was sold to Flair Data Services, Inc. 12 (Flair), which engages in the business of furnishing information 13 management and development services in the areas of accounting, 14 processing and dooketing of payroll, business licenses and other 15 applications; and 16 WHEREAS, the City of Vernon, to obtain information 17 management services from Flair and to continue to utilize 18 certain software under license from Flair, executed an 19 Information Management and Software Maintenance Agreement with 20 Flair pursuant to Resolution No. 5981, which was approved by the 21 City Council on September 3, 1991; and 22 WHEREAS, the City of Vernon desires to renew said 23 Agreement with Flair for an additional one-year term. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 25 THE CITY OF VERNON AS FOLLOWS: 26 SECTION 1: The city Council of the City of Vernon 27 hereby finds and determines that the recitals contained 28 hereinabove are true and correct. ". '" r- 1 SECTION 2: The City Council of the City of Vernon hereby approves Amendment No. 1 to the Information Management 2 3 and Software Maintenance Agreement by and between the City of 4 5 6 7 Vernon and Flair Data Services, Inc., a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Amendment to be received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said 8 9 10 11 12 13 Amendment for, and on behalf of, the City of Vernon. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. 14 APPROVED AND ADOPTED this 21st day of July, 1992. 15 16 17 v/Hf~ MALKENHORST, City Clerk 18 19 A~ BRUCE V. 20 21 22 23 24 25 26 27 28 -2- 17 18 19 20 21 22 23 24 25 26 27 28 1 STATE OF CALIFORNIA ) )ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 6135, was duly adopted by the City Council of the 6 City of Vernon at a regular meeting of the City Council duly 7 held on Tuesday, July 21. 1992, and thereafter was duly signed 8 by the Mayor of the City of Vernon. 9 /f' _/~ BRUCE V. MALKENHORST, City Clerk 10 11 12 (SEAL) 13 14 15 16 -3- 1 2 AMENDMENT NO. 1 TO THE INFORMATION MANAGEMENT 3 AND SOFTWARE MAINTENANCE AGREEMENT 4 5 THIS AMENDMENT NO. 1 to the Information Management and 6 Software Maintenance Agreement (hereinafter "AMENDMENT") is made 7 and entered into this 21st day of July, 1992 8 BY AND BETWEEN THE CITY OF VERNON, a Municipal corporation, hereinafter referred to as "CITY", 9 10 AND FLAIR DATA SERVICES, INC., a corporation, hereinafter referred to as "FLAIR". 11 12 RECITALS 13 14 WHEREAS, CITY and FLAIR entered into the Information 15 Management and Software Maintenance Agreement (hereinafter 16 "AGREEMENT") on September 3, 1991, with an effective date of 17 July 1, 1991, which provided for expiration on June 30, 1992; 18 and 19 WHEREAS, CITY and FLAIR desire to extend said Agreement 20 through and including June 30, 1993. 21 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL 22 PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS 23 MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE 24 AGREEMENT AS FOLLOWS: 25 SECTION 1: The parties agree to modify the existing 26 AGREEMENT by replacing Paragraph 12.1 of said AGREEMENT with the 27 following new Paragraph 12.1: 28 12.1 This Agreement shall continue for an additional .. .. 1 2 10 11 12 ~~. one-year term, from July 1, 1992 until June 30, 1993, unless otherwise terminated as provided herein, but shall be renewable 3 at the end of said additional one-year term for another one-year 4 term unless, prior to ninety (90) days before the end of the 5 6 term, either party gives written notice to the other that the Agreement shall not be renewed. 7 SECTION 2: Except as expressly modified herein, all provisions of the AGREEMENT remain in effect. 8 9 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the month, day and year first written above, with an effective date of July 1, 1992. CITY OF VERNON 13 14 BY: 15 AT~: 16 BRUCE V. MALKENHORST, city Clerk 17 18 APPROVED AS TO FORM: D~ Dr 0~ DAVID B. BREARLEY, city Att ney 19 20 21 FLAIR DATA SERVICES, INC. By:~4~ ;?~u-t.~dU~ SHIRO FURUKAWA, president 22 23 24 25 26 27 28 -2-