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HomeMy WebLinkAboutAgenda Statement 1986/02/04 Item 12 COUNCIL AGENDA STATEMENT Item 12 / 6 Meeting Date 2/4/86 ITEM TITLE: Resolution Approving contracts with Data Phase Corporation to continue the automated library system and allow Chula Vista to provide automated library services to National City Public Library SUBMITTED BY: Library Director- (4/5ths Vote: Yes No x ) REVIEWED BY: City Manage r In May, 1979, DataPhase Systems, Inc., now called Uata Phase Corporation and hereinafter referred to as Data Phase, contracted with the City of Chula Vista to provide computer hardware and delivery of software to automate the library circulation system. This software, designated ALIS-I, has been superseded by new software called ALIS-II. Conditions of the original 1979 contract have been fulfilled and new contracts are now required. RECOMMENDATION: Adopt the resolution approving the contracts with Data Phase Corporation. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The new contracts will provide for licensing of ALIS-II software, maintenance of the ALIS-II software, and provide National City Public Library with automated library circulation services via a contract with Chula Vista. 1 . Computer Software License Agreement Since Chula Vista now has a different ALIS system than the one contracted for in May 1979, a new licensing agreement is required. Chula Vista started using the ALIS-II software on August 3, 1985. ALIS -II is the latest software Data Phase is currently marketing. ALIS-II offers improvements in efficiency, new funcions and most importantly, better support from Data Phase. Because of the 1979 contract between the City of Chula Vista and DataPhase Systems, Inc., this software package as well as a substantial effort by Uata Phase to accomplish Chula Vista's file conversion and training were accomplished without additional charge to Chula Vista. The Computer Software License Agreement credits Chula Vista with the $40,000 already paid for ALIS-I in 1979 and provides for no new charges for ALIS-II software. by the City Council of Chula Vista, California Dated 02 Form A- Bev. • Page 2, Item 12 Meeting Date 2/4/86 2. Computer Software Maintenance Agreement The Computer Software Maintenance Agreement details respective responsibilities of Chula Vista and Data Phase. Data Phase has more clearly set out what it will provide as to software error fixes, system updates and documentation. Library staff finds this document more tangible than the 1979 contract and as such, is satisfied with the agreement. Data Phase has also delineated fees for MIIS (Meditech Interpretive Information System) the computer language leased from Medical Information Technologies, Inc., the exclusive provider of the operating program. Chula Vista 's combined annual maintenance fee for ALIS II and MIIS is $6,U12. 3. Computer Software Joint License Agreement This is a new contract required as a result of Chula Vista's agreement with National City to run the National City Library 's circulation on our computer for a service charge. There are no fees for this joint license agreement. Approval of the software joint license agreement is required before service to National City can be implemented. The agreement of December 1982 to provide automated library circulation services to National City is attached. In 1983 National City paid one half the cost ($13,116) of the new central processing unit (Eclipse 5140) necessary to run ALIS II as ayreed. Implementation of service to National City was delayed until installation of ALIS II and the approval of these contracts. The origi nal amount charged per circulation (10 cents per item) will be re-calculated after the program is implemented and operated long enough to more accurately determine the costs to Chula Vista. FISCAL IMPACT Adequate funds are in the current budget to cover the remainder of the fiscal year under the new contract. The proposed contract annual maintenance fees will be $2,232 for the MIIS operating system and $5,28U for ALIS software. The total of $7,512 is an increase of $1 ,500 over the present maintenance fees of $6,U12. Approval of the contracts will allow the library to continue to operate the automated circulation system and proceed with the service agreement with National City. After Chula Vista loads the database and Data Phase trains the National City Library staff, the automated circulation of National City materi al s can begin. The estimated revenue to Chula Vista for the first ful 1 year of service is $14,000. • RESOLUTION NO. 11122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA' AND THE CITY OF NATIONAL CITY TO PROVIDE AUTOMATED LIBRARY CIRCULATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows : NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE CITY OF NATIONAL CITY, a municipal corporation , to provide automated library circulation services , dated the 21st day of Deremhnr , 19 82. 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 . 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 as to form by • e5r/i /s/ Rosemary Lane . Rosemary Lane , City George D. Lindberg, City Att ney Librarian Form 342 �' "- Rev. 7/82 • ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 21st day of Qecember 19 82 by the following vote, to—wit: AYES: Councilmen Scott' Cox, Malcolm, Moore, McCandliss NAPES: Councilmen None ABSTAIN: Councilmen None - ABSENT: Councilmen None /s/ Gregory R. Cox Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11122 ,and that the same has not been amended or repealed. DATED December 22, 1982 I • (seal) City Clerk CC-660 ■ RESOLUTION NO. 13 ,931 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, APPROVING AUTOMATED LIBRARY CIRCULATION SYSTEM AGREEMENT BETWEEN THE NATIONAL CITY AND CHULA VISTA PUBLIC LIBRARIES BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute that certain automated library circulation system agreement between the National City and Chula Vista Public Libraries. PASSED AND ADOPTED this 23rd day of November, 1982 . M•Y0= ATTEST: j CITY CL K _ a CITY OF NATIONAL CITY, CALIFORNIA 1243 NATIONAL CITY BOULEVARD • NATIONAL CITY, CALIFORNIA 92050 • 477-1181 MEMBER IONE CAMPBELL, CMG CITY CLERK November 29, 1982 Mrs. Jennie Fulasz, City Clerk City of Chula Vista _- �� 276 Fourth Avenue Chula Vista, California 92010 • r : r^ _ Dear Mrs. Fulasz: Enclosed is a certified copy of Resolution No. 13,931, ©' --; 1■D "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL C T.Y, CALIFORNIA, APPROVING AUTOMATED LIBRARY CIRCULATION SYSTEM b AGREEMENT BETWEEN THE NATIONAL CITY AND CHULA VISTA PUBLIC co LIBRARIES", adopted by the City Council at their meeting November 23, 1982. Also enclosed are two copies of the Automated Library Circulation System Agreement. When the agreement is fully executed please return one copy to me. Very truly yours, Ione Campbell By: ,/ Acting Deputy City Clerk PM/mw Enclosures { / �. 10/6/82 AUTOMATED LIBRARY CIRCULATION SYSTEM AGREEMENT THIS AGREEMENT, made and entered into as of the 21st day of December , 1982 , by and between THE CITY OF CHULA VISTA, a municipal corporation, herein referred to as "Supplier" , and THE CITY OF NATIONAL CITY, a municipal corporation , herein referred to as "Customer" ; W I T N E S S E T H A. This agreement involves a unique arrangement among and between municipalities. B. Supplier presently has an Automated Library Circulation System in operation. C. Customer desires to use the Supplier' s Automated Circulation System. D. Upon delivery of a new Eclipse S-140 Central Processing Unit (CPU) and Alis II Software, Supplier will possess the necessary facilities, equipment and personnel to add customer bibliographical records to Supplier' s data base and to perform the automated data processing functions required to support automated circulation system for the Customer through the use of terminals located in Customer' s facility. D. Supplier-is able to mesh and coordinate requisite services with Customer needs in an atmosphere of mutual cooperation without unduly jeopardizing rights nor increasing liabilities for either party. F. Supplier is willing to provide said Automated Circulation System services on the terms and conditions delineated herein. NOW, THEREFORE, in consideration of the mutual promises and obligations below set forth, the parties agree as follows : 1 . CUSTOMER WILL: a. Designate one person who shall have the duty of acting as liaison between Supplier personnel and Customer personnel to assure the expeditious execution of the work called for. This person shall be empowered to request modifications or alterations of the services performed by issuing project change orders, and shall also be the primary person to whom any change communications relating to this agreement or any project order or the performance thereunder may be directed. - 1 - f, d ^ .Z b. Customer shall provide data terminals and all ancillary equipment and communications connections required to connect Customer data terminals to the Supplier ' s computer which is located on the lower level of the Chula Vista Library. c. Customer shall limit the number of terminals to three during the initial contract period. d. Customer shall be responsible for input of all their circulation data. e. Customer will contract with Data Phase for training and other required installation assistance. 2 . SUPPLIER WILL: a. Cooperate with and assist Customer to install system so that it performs to Customer and Supplier ' s satisfaction . b. Process data for Customer according to mutually established specifications . c. Make all reasonable efforts to comply with schedule requirements. d. Exercise due care in the handling and processing of all input data supplied by Customer in order that it be preserved. If vandal-proof or fireproof data storage is required by Customer, Customer will provide appropriate containers. e. Create computer back-up files for Customer in the same manner and to the same extent that Supplier creates for its own system. 3. EFFECTIVE DATE AND TERMINATION The term of this contract shall commence thirty days after the installation and de-bugging of the new Eclipse S-140 • Central Processing Unit and the Alis II Software has been completed. This contract may be terminated by either party, without cause, by giving written notice to the other party at least sixty (60) days in advance thereof and specifying the termination date. Termination will conform to the stipulations within this contract . Customer shall pay charges for work performed up to the stated effective date designated in the notice, as set forth below. - 2 4 . CHARGES a. Customer shall make a one time payment to Supplier for one-half the cost of the Eclipse S-140 CPU and the necessary equipment cost required pp accommodate Customer ' s terminals . This cost is estimated to be J4- p0O b. Customer shall pay a prorated share for the cost of Supplier' s service for the Automated Circulation System. This cost will be $ .10 per Customer circulation unit . The rates of Charge may be recalculated by Supplier, at intervals of no more than one year, to adjust for changing conditions . A copy of such revision shall be served on the City Librarian of Customer at least sixty (60) days prior to the effective date of institution. By mutual agreement of the parties , however, the Rates of Charge may be adjusted at any interval with any effective date . Customer agrees to pay Supplier between the fifteenth (15th) day and the end of each month for the previous months service, a sum of money for services computed according to the Rates of Charge. c. Supplier will provide to Customer all reports and notices currently printed for its own library . Customer shall be billed by Supplier for additional programming and system service required to service Customer needs. These charges will be the direct cost for said supplies and services . Customer shall approve all --- additional programming and systems services prior to their being accomplished. 5 . EMPLOYMENT OF PERSONNEL Supplier shall provide experienced and qualified personnel to carry out the work to be performed by them under this contract and shall be responsible for, and in full control of, the work of such personnel . Customer shall be responsible for and in full control of all of their input data. .- 6. WORK SCHEDULES • Access to the computer system shall be established by mutual agreement between Customer and Supplier. 7. RELATIONSHIP BETWEEN PARTIES: WORK STANDARDS Customer is interested only in the results achieved by Supplier, and Supplier shall be in control of the means by which he achieves that result . Supplier will adhere to professional - 3 - • standards and will perform all services required under this agreement in a manner consistent with generally accepted procedures for data processing and allied services . It is the intent of Customer and Supplier that the catalog data base will be composed of full Marc records . In those instances where a full Marc record must be modified for Customer or Supplier, these modifications must be made only by mutual agreement between the parties. Customer and Supplier agree to use a shared catalog data base. Supplier intends to contract for the Online Computer Library Center's (OCLC) Cataloging Services . Upon institution of this added service, the necessary arrangements for Customer to share these services and the service cost shall be mutually arranged between the parties. There will be monthly meetings between the Customer and Supplier liaisons to evaluate progress and to agree upon target goals for the next month. An accounting of activity during the prior month will be made at that time. 8. CORRECTION OF ERRORS Supplier shall have the right to correct any material errors for which he -may be responsible in full satisfaction of all Customer 's claims, and/or Supplier discovered discrepancies . In the latter instance, Customer will be given reasonable opportunity to correct said discrepancies. 9. SPECIAL SUPPLIES In the event Customer desires the use of preprinted and/or unique forms, Customer will provide said forms at no cost to Supplier. Customer will be responsible for the purchase and selection of compatible forms, and maintaining an adequate inventory of forms. 10. PROPRIETARY RIGHTS • All programs, documentation and report formats provided by Supplier are the sole property of Supplier. Upon termination or completion of the contract, Customer is entitled only to available copies of master files on magnetic tape. All programs, documentation and report formats provided by Customer are the property of Customer. 11 . LIABILITY OF SUPPLIER Supplier shall be liable for loss, destruction or damage of Customer supplied materials due to negligence of Supplier. Sup- plier shall restore the lost , destroyed, or damaged materials, • - 4 - • provided such restoration can be reasonably performed by Supplier and Customer furnishes Supplier with machine readable source data necessary for such restoration. This data must be usable by the system as configured at the time of restoration . _ - Supplier shall not be liable for failure' to provide, or delays in providing, services herein , if due to any cause beyond Supplier' s reasonable control . Customer shall indemnify and hold Supplier harmless from all claims and demands of any description arising out of the per- formance of this agreement resulting in money damages and brought by or for the benefit of an employee or resident of Customer. Supplier 's liability to Customer for any default in failing to meet schedules under this agreement shall be limited to general money damages in an amount not to exceed one month 's average charge to Customer, based on actual monthly charges paid during the previous twelve months , or such lesser number of months in the event this agreement has not been in effect for twelve months. Under no circumstances shall Supplier be liable for any special , consequential or exemplary damages , such as , but not limited to , loss of anticipated revenues or other economic loss in connection with, or arising out of the existence of , the furnishing, functioning, or Customer's use of any item of equipment or services provided for in this agreement , or for specific performance. 12. RESPONSIBILITY OF CUSTOMER It is the responsibility of the Customer to promptly notify Supplier of any alteration or loss of data from the data base, including incomplete or inaccurate reports . Supplier will not be responsible for loss or alteration of data from the point processing stopped through the time of reporting. The Supplier will , however, assist in every reasonable way to restore data and to maintain integrity of the data base. 13. MONITORING DATA BASE. User and Supplier will be responsible-for continuously monitoring their individual data in the system data base. 14. TERMS TO BE EXCLUSIVE The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement . In the event Customer issues a purchase order , memorandum, specifica- tions, or other instrument covering the services herein provided, such purchase order, memorandum, specifications , or instrument is P --7) - 5 - f • for Customer 's internal purposes only and any/all terms and conditions contained therein , whether printed or written, shall be of no force or effect . Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties hereto solely and not for the benefit of any other person, persons , or legal entities . 15. REPRESENTATIONS AND WARRANTIES Customer acknowledges that he has not been induced to enter into this agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. Supplier makes no representations, warranties, or guarantees, express or implied, including without limitation any warranties of merchantability or fitness for intended use, other than the express representations, warranties, and guarantees contained in this agreement . 16 . WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration , or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of Supplier. 17. WRITTEN NOTICE All notices required by or sent under this agreement shall be in writing, shall be sent by- means of certified mail , return receipt requested, and shall be addressed as follows : SUPPLIER: • Library Director City of Chula Vista 276 Fourth Avenue Chula Vista, California 92010 CUSTOMER: City Librarian City of National City 200 East 12th Street National City, California 92050 Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address set forth above or such other address as may hereafter be specified by notice in writing. - 6 - 1 , 18. GOVERNING LAW This agreement shall be governed by the laws of the State of California. This agreement may not be assigned by either party hereto without the prior written consent of the other party . Time and the punctual performance of each and all of the terms, provisions and agreements hereof are of the essence of this agreement . 19. SEVERABILITY If any section of this contract , or any part thereof , is determined invalid or unconstitutional , such determination shall not invalidate the remaining terms and conditions of this contract . IN WITNESS THEREOF, the parties hereto have executed this agreement the day and year first above written. THE CITY OF CHULA VISTA THE CITY OF NATIONAL CITY(it. ., //' ' JAW Mayor of 17e I�, ty of C ula Vista Mayor of the ity of National City Lr �j / ATTE -�---- � ATTES & = % City Clerk City Clerk / • • Passed and adopted by the Council of the City of National City, California, on November 23, 1982 by the following vote, to-wit: Ayes: Councilmen Camachol Da11a1 Van Deventer, Waters, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE CAMPBELL City Clerk of the City of National City, California (Seal) By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 13,931 of the City of National City, Calif., passed and adopted by the Council of said City on November 231 1982 f � (Seal) City Cl rk of the City of Nation City, California By: Deputy