Resolution No. 85887
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RESOLUTION NO. 8588
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO SOFTWARE SOURCE CODE AND
SUPPORT SERVICES AGREEMENT BY AND BETWEEN THE CITY
OF VERNON AND DAVID J. ROUPE, DBA D.J. ROUPE &
ASSOCIATES
- WHEREAS, on July 7, 1998, the City Council of the City of
Vernon adopted Resolution No. 7179 approving a Software Source Code
and Support Services Agreement (the "Agreement") with David J. Roupe,
dba D.J. Roupe & Associates ("Roupe") for the licensing and
maintenance of the City's utility billing system; and
WHEREAS, on November 3, 2004, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, the Director of
Finance, dated October 28, 2004, that an amendment to the Agreement
with Roupe to modify the software support service fees and term be
approved and executed; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an amendment to the Agreement with Roupe.
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 the Amendment No. One to Software Source Code and Support
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Services Agreement with David J. Roupe, dba D.J. Roupe & Associates,
in substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Amendment to:
David J. Roupe, dba D.J. Roupe & Associates
P.O. Box 3253
Crestline, CA 92325
SECTION 5: 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.
APPROVED AND ADOPTED this 3rd day of November, 2004.
ATTEST:
7 ;
BRUCE V. MALKENHORST, City Clerk
;LEONIS C. MALftURG, M yor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8588, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, November 3,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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DRAFT AMENDMENT NO. ONE TO SOFTWARE SOURCE
CODE AND SUPPORT SERVICES AGREEMENT
THIS AMENDMENT NO. ONE TO SOFTWARE SOURCE CODE AND SUPPORT
SERVICES AGREEMENT (this "Amendment") is made, entered into and
executed in duplicate originals, either copy of which may be
considered and used as the original hereof for all purposes, as of
this 3rd day of November, 2004, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
AND
RECITALS
THE CITY OF VERNON
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
DAVID J. ROUPE, dba D.J. ROUPE
& ASSOCIATES
(hereinafter referred to as
"Roupe")
25044 Grandview Drive
P.O. Box 3253
Crestline, CA 92325
WHEREAS, the City and Roupe are parties to a Software Source
Code and Support Services Agreement (the "Agreement") dated July 30,
1998, wherein Roupe has licensed and maintained the City's utility
billing system known as the Municipal Utility Information System; (the
"System"); and
WHEREAS, the City and Roupe desire to amend the
Agreement to increase the software support service fee and modify
the time of performance; and
WHEREAS, Section 11.1 of the Agreement provides for
modifications to the Agreement by written consent of both parties.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
1 SECTION 1: Commencing November 3, 2004, Section 3.3 in the
2 Agreement is amended to read as follows:
3 "3.3 The term of the software support services covered by
4 this Agreement shall be twelve (12) months from November 3, 2004,
5 subject to termination by either party on thirty (30) days written
6 notice to the other."
7 SECTION 2: Commencing November 3, 2004, Section 3.1 of
8 Exhibit A in the Agreement is amended to read as follows:
9 "3.1. Consulting Time Hourly Rate. $125.00
10 SECTION 3: Approval by City. This Amendment shall be
11 executed by a duly authorized representative of City following
12 approval of the terms of this Amendment by City in accordance with
13 City policies and procedures.
14 SECTION 4: Remainder of Agreement. Except as specifically
15 modified herein, all terms and conditions of the Agreement are.
16 unmodified and remain in full force and effect, and are hereby
17 ratified by the parties.
18 SECTION 5: Entire Agreement. The provisions of this
19 Amendment shall constitute the entire agreement of the parties hereto
20 with respect to the subject matter included in this Amendment and
21 shall supercede any other agreement, understanding or arrangement,
22 whether written or oral, between the parties with respect to the
23 subject matter of this Amendment.
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IN WITNESS WHEREOF, the parties have caused this Amendment
No. One to be executed by and through their authorized officers on the
date, month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City,Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
DAVID J. ROUPE, dba D.J. ROUPE &
ASSOCIATES
Um
David J. Roupe
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