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Resolution No. 7144M r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO THE INFORMATION MANAGEMENT AND SOFTWARE MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND FLAIR DATA SERVICES, INC. WHEREAS, the City of Vernon previously executed an Information Management and Software Maintenance Agreement with Flair Data services, Inc. (Flair) pursuant to Resolution No. 5981, which was approved by the City Council on September 3, 1991; and WHEREAS, the City Council of the City of Vernon has approved amendments to said Agreement extending the term of the Agreement pursuant to Resolution Nos. 6135, 6273, and 6463, which were adoped on July 21, 1992, June 15, 1993, and June 21, 1994, respectively; and WHEREAS, the City of Vernon and Flair desire to renew said Agreement indefinitely, subject to termination by either party upon thirty (30) days' written notice to the other party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves Amendment No. 4 to the Information Management and Software Maintenance Agreement, 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. 1 2 3 4 5 6 7 81I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Amendment or, and on behalf of, the City of Vernon. SECTION 4: The City Clerk of the City of Vernon shall ertify to the passage of this resolution, and thereupon and hereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of June, 1998. EONIS C. MALB G, Mayo EST • ....-- �r CE V. MALKENHORST, City Clerk -2- 1 STATE OF CALIFORNIA ) 2 ) ss OUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, 4 o hereby certify that the foregoing Resolution, being Resolution 5 o. 7144, was duly adopted by the City Council of the City of 6 Vernon at a regular meeting of the City Council duly held on 7 uesday, June 2, 1998, and thereafter was duly signed by the Mayor 8 f the City of Vernon. 9 10 BRUCE V. MALKENHORST, City Clerk 11 (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- CITY COUNCIL LEONIS C. MALBURG \ Mayor 1 THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman �j I H. "LARRY" GONZALES t 1 Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST CITY TALL City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX: (213) 581-7924 TELEPHONE (213) 583-8811 June 10, 1998 Flair -Data Services, Inc. 8329 Ellsmore Drive South San Gabriel, CA 91770 ATT: Mr. Frank Nault, President DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 RE: Amendment No. 4 to the Information Management and Software Maintenance Agreement Dear Frank: DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Enclosed herewith is an executed duplicate original of the above - referenced agreement for your records. An original has also been retained by this office. If you have any questions pertaining to the agreement please contact Martha Valenzuela, Finance Office Manager, (213) 583-8811, ext. 226. Very truly yours, Z OF VERNON Gloria J. Or co OZ6�� Chief Deput City Clerk cc: D. Fonseca, Purchasing Martha Valenzuela, Finance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 AMENDMENT NO. 4 TO THE INFORMATION MANAGEMENT AND SOFTWARE MAINTENANCE AGREEMENT THIS AMENDMENT NO. 4 to the Information Management and Software Maintenance Agreement (hereinafter "AMENDMENT") is made and entered into this 2nd day of June, 1998, BY AND BETWEEN THE CITY OF VERNON, a Municipal Corporation (hereinafter referred to as "CITY") 4305 Santa Fe Avenue Vernon, California 90058-0805 AND FLAIR DATA SERVICES, INC., a corporation (hereinafter referred to as "FLAIR") 8329 Ellsmore Drive South San Gabriel, California 91770 RECITALS WHEREAS, CITY and FLAIR entered into the Information Management and Software Maintenance Agreement (hereinafter "AGREEMENT") on September 3, 1991, with an effective date of July 1, 1991, which provided for expiration on June 30, 1992; and WHEREAS, CITY and Flair entered into an Amendment No. 1 to the Information Management and Software Maintenance Agreement on July 21, 1992, which provided for an extension of said Agreement through and including June 30, 1993; and WHEREAS, CITY and Flair entered into an Amendment No. 2 to the Information Management and Software Maintenance Agreement on June 15, 1993, which provided for an extension of said Agreement through and including June 30, 1994; and WHEREAS, CITY and Flair entered into an Amendment No. 3 to the Information Management and Software Maintenance Agreement on June 21, 1994, which provided for an extension of said 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 Agreement through and including June 30, 1995; and WHEREAS, CITY and FLAIR now desire to extend said Agreement for an indefinite term, subject to termination by either party upon thirty (30) days' written notice to the other. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: SECTION 1: Paragraph 12.1 of the AGREEMENT shall be amended as follows: 12.1 This Agreement shall continue for an indefinite term, commencing on the effective date of this Amendment, subject to termination by either party upon thirty (30) days' written notice to the other. SECTION 2: Paragraphs 12.2, 12.3 and 12.4 of the Agreement are deleted. SECTION 3: Except as expressly modified herein, all provisions of the AGREEMENT remain in effect. 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 June 2, 1998. CITY OF VERNON B Y :t �- ratGzu EONIS C. MAL,URG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: A.2� VJ, DAVID B. BREARL Y, City t rney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FLAIR DATA SERVICES, INC. BY: -- NAME : FQ,�y YP V LI- TITLE: QQ P-suP—P—' BY: �Zy — NAME: re-Aj,4- jJ is V vT TITLE: Sk&kf"O —3—