HomeMy WebLinkAbout19816 ORD - 06/23/1987A RESOLUTION
APPROVING AND AUTHORIZING THE EXECUTION OF _TELE INTEGRATED
LIBRARY SYSTEM AGREEMENT AND THE MAITENANCE AGREEMENT WITH
DYNIX, INCT—FOR TETE— PURCHASE OF AN—AUTOMATED, _INTEGRATED
=
LIBRARY�SYSTEM AND—MAINTENANCE SERVICES _FOR THE CORPUS
CHRISTIPUBLIC LIBRARIES; AND APPROPRIATING $509,726.
WHEREAS, the integrated library system will automate the acquisition
of library materials, cataloging, circulation, computation of fines, etc.; and
WHEREAS, all card catalogs throughout the library system will be
replaced with computer terminals; and
WHEREAS, patrons will be able to access the entire collections of the
library system from any terminal in the system; and
WHEREAS, the maintenance agreement provides for annual maintenance
beginning in the second year of the system operations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS
SECTION 1. That there is hereby approved the Integrated Library
System Agreement and the Maintenance Agreement with DYNIX, Inc. for the purchase
of an automated, integrated library system and maintenance services for the
Corpus Christi Public Libraries, copies of said agreements are attached hereto
as Exhibits A and B respectively.
SECTION 2. That there is hereby appropriated $509,726 out of the
Central Library Trust Account.
SECTION 3. That the City Manager, or his designee, is authorized to
execute and enter into the Integrated Library System Agreement and the
Maintenance Agreement on behalf of the City of Corpus Christi.
ATTEST:
City Secretary
APPROVED: 23 r✓DAY OF �,, ,e_ , 198''
HAL GEORGE, CITY ATTORNEY
ByAssistant Attorney
05P.157.01
THE TY OF CORPUS CHRISTI, TEXAS
19816 MICROFILMED
INTEGRATED LIBRARY SYSTEM AGREEMENT
THIS INTEGRATED LIBRARY AGREEMENT is made -as of
, at by and between the City of Corpus
Christi, a municipal corporation with home rule powers (the
"City"), and DYNIX, Inc., a Utah corporation ("DYNIX"):
RECITALS
A. On January 27, 1987, DYNIX responded to a REQUEST FOR
PROPOSALS for an Integrated Library System for the
Corpus Christi Public Library (the "Library"), a
department of the City, proposing to provide, certain
equipment, software, and services to the Library. Said
REQUEST FOR PROPOSALS and DYNIX's responses (DYNIX's
responses collectively referred to as the "PROPOSAL")
a;e on file in the office of the Director of Libraries.
B. The City now desires to contract with DYNIX to obtain
the equipment, services, and the license to the
software described in the PROPOSAL, and DYNIX desires
to contract with the City to provide such equipment,
services and license described in the PROPOSAL.
NOW, THEREFORE, IN CONSIDERATION of the mutual benefits
to be derived from this Agreement, and the
representations, warranties, covenants and conditions,
hereinafter set forth, the City and DYNIX agree as
follows.
1. Furnishing of EQUIPMENT and SOFTWARE
Subject to the terms and conditions set forth herein,
DYNIX shall furnish and install at sites designated by
the City in the County of Nueces, State of Texas, and
sell to the City, the equipment listed on Rider B
(collectively referred to herein as the "EQUIPMENT")
and grant a license for use of the computer programs
(collectively referred to herein as the "SOFTWARE") and
related documentation listed on Rider C, pursuant to
the schedule of activities set forth on Rider A and in
compliance -with the PROPOSAL dated January 27, 1987 and
all of the contract documents. The contract price does
not include supplies. Supplies used by the City shall
conform to DYNIX's specifications or equivalent as set
forth in DYNIX's manuals.
f ..
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2. Purchase of EQUIPMENT and License of SOFTWARE
The City hereby agrees to purchase the EQUIPMENT at the
price listed on Rider B. If DYNIX announces new
products similar to those listed on Rider B before
delivery of EQUIPMENT to the City, the City reserves
the right to examine and acquire the new EQUIPMENT at
the announced price. DYNIX will inform the City of any
new product within ten (10) days of such announcement
and the City will have thirty (30) days to inform DYNIX
that it wishes to acquire the new product.
The City hereby agrees to purchase a license for the
use of the SOFTWARE, at the price specified on Rider C.
The EQUIPMENT and SOFTWARE are sometimes collectively
referred to herein as the "SYSTEM".
The City hereby agrees to purchase the DYNIX services
listed on Rider D at the prices specified on Rider D.
3. Contract Documents
The Contract Documents shall consist of:
A. The City's REQUEST FOR PROPOSALS dated November,
1986;
B. DYNIX's PROPOSAL dated January 27, 1987;
C. Written request for additional information and
clarification from the Library to DYNIX and the
DYNIX response dated April 18, 1987 (hereinafter
referred to as the "CLARIFICATION");
D. The MAINTENANCE AGREEMENT dated
1987; and
E. This Agreement, including the following Riders
attached hereto:
RIDER A: Schedule for Activities
RIDER B: EQUIPMENT List and Prices
RIDER C: SOFTWARE List and Prices
RIDER D: DYNIX Services and Prices
RIDER E: Performance Standards
RIDER F: Testing Procedures
RIDER G: Functional Acceptance Test
Each of these documents is incorporated herein by this
reference as if set forth in full, and shall constitute
a part of this Agreement. In the event of any conflict
between the obligations undertaken by DYNIX pursuant to
the PROPOSAL and the obligations listed by the City in
the REQUEST FOR PROPOSALS, the PROPOSAL shall control.
In the event of any conflict between obligations
undertaken by DYNIX pursuant to the
Page"3'.
PROPOSAL and the obligations undertaken by DYNIX
pursuant to the CLARIFICATION, the CLARIFICATION shall
control. In the event of any conflict between the
obligations undertaken by DYNIX AND the City pursuant
to this Agreement and the obligations undertaken by
DYNIX and the City pursuant to either the PROPOSAL, the
REQUEST FOR PROPOSALS, or the CLARIFICATION, this
Agreement shall control. The failure of this Agreement
to include reference to any matter contained in any
other Contract Document shall not be deemed to
constitute a conflict.
The term of the Agreement shall be clearly identified
in the contract, but shall not be for less than five
(5) years from the effective date. Thereafter, the
Agreement shall automatically be extended for one (1)
year unless the City notifies DYNIX in writing with 90
days notice, that the automatic extension is not
desired. At that time, the contract shall expire.
Termination of this Agreement shall not terminate the
City's license as granted herein.
4. Site Preparation
The City shall modify the current site or sites for the
installation of the EQUIPMENT at its premises,
according to the specifications furnished by DYNIX.
DYNIX shall provide to the City a set of site
requirements specific to the configuration described in
Rider B within ten (10) days of the signing of this
Agreement. Electrical, generating and/or regulating
equipment shall be provided by the City. In the event
subsequent alterations or modifications are necessary
which are attributable to incomplete or erroneous
specifications provided by DYNIX, DYNIX shall be liable
to the City for any cost incurred by the City in making
such alteration or modification.
The City shall advise DYNIX in writing on a DYNIX
provided form when all required preparations are
complete, and shall provide DYNIX with sufficient
notice thereof to permit DYNIX the option of having a
representative make the required inspection of said
installation location(s) prior to the scheduled date
for installation of the EQUIPMENT and to notify the
City in writing of exceptions as to DYNIX's site
specifications.
Page .e
5. Transportation and Installation of Equipment
A. Transportation
A11 shipping and insurance costs to and from the
site are the responsibility of DYNIX. All pay-
ments to shipping agents and for insurance fees
shall be made directly by DYNIX and the City shall
make no payments to any firm concerning the
shipment or delivery of EQUIPMENT. DYNIX shall
ship EQUIPMENT by commercial carrier and by padded
van properly constructed for shipment of
electronic equipment. All EQUIPMENT shall be
preserved, packed and marked in accordance with
DYNIX's standard practice. All computer room
EQUIPMENT shall be delivered to the computer room
at the Library at 805 Comanche, Corpus Christi,
Texas and shall be held there until DYNIX
installs. All other shipments shall be delivered
to the Library at 805 Comanche, Corpus Christi,
Texas. DYNIX shall also be responsible for
removal of all debris and packing materials from
the library site resulting from the installation
of the EQUIPMENT or the SOFTWARE/documentation.
DYNIX shall bear the cost of transportation
whenever the EQUIPMENT is shipped for warranty or
performance replacement purposes, unless the
replacement was due to the sole negligence of the
City, and for all temporary substitute products.
When EQUIPMENT is moved for warranty or
performance replacement purposes, DYNIX shall pay
all rigging and drayage costs, unless the
replacement was due to the sole negligence of the
City.
B. Installation
1. DYNIX shall furnish all necessary labor,
materials, and other services to accomplish
installation at the site(s) as specified in the
PROPOSAL. DYNIX shall be responsible for the
installation of the EQUIPMENT and SOFTWARE and
shall connect EQUIPMENT to the power sources which
are installed by the City pursuant to Paragraph 4
above. DYNIX's proceeding with the installation
shall constitute DYNIX's acceptance of the site
preparation and certification that the site meets
all DYNIX specifications at the time of
installation.
Page' 5 .
DYNIX shall also install all cabling at the
central library. This includes running all cables
through conduits and connecting all terminals and
other EQUIPMENT to computer room EQUIPMENT.
Installation shall be performed during normal
business hours, and the City shall make all the
necessary arrangements to allow DYNIX personnel
sufficient work space and access to the
installation location(s) during normal business
hours or at such other times as may be mutually
agreed upon. All debris generated in the
performance of work during installation shall be
removed by DYNIX at no additional cost to the
City. Where applicable, DYNIX shall connect the
appropriate EQUIPMENT to telephone company and/or
the City supplied lines.
2. When DYNIX determines that the SYSTEM is ready for
use, that is, the EQUIPMENT and SOFTWARE have been
installed at the site(s) specified by the City and
the HARDWARE Functionality Test outlined in Rider
F has been successfully completed. DYNIX shall
certify in writing to the City that the SYSTEM is
installed and ready for use.
C. Relocation
Following prior written approval by DYNIX, the City may
move or relocate all or part of the computer room
EQUIPMENT from one location to another location within
the City of Corpus Christi.
DYNIX shall supervise the de -installation, packing,
unpacking, relocation, and re -installation of any
computer room EQUIPMENT relocated hereunder. All
computer room EQUIPMENT so relocated shall be packed
and transported in accordance with industry standards.
Responsibilities of the City and DYNIX for relocation
site preparation are those stated in Section 4 hereof.
DYNIX shall furnish all necessary labor, materials, and
other services required to accomplish installation at
the relocation site. All debris generated in the
performance of work during relocation installation
shall be removed by DYNIX at no additional cost to the
City. Installation shall be performed during normal
business hours, and the City shall make all the
necessary arrangements to allow DYNIX personnel
sufficient work space and access to the installation
locations during normal business hours or at such other
times as may be mutually agreed upon.
Page . 6 '
When DYNIX determines that the SYSTEM is ready for use,
that is, the computer room EQUIPMENT and SOFTWARE have
been installed at site(s) specified by the City and
the HARDWARE Functionality Test outlined in Rider F has
been successfully completed, DYNIX shall certify in
writing to the City that the SYSTEM is installed and
ready for use.
The City shall pay for DYNIX's service in connection
with relocation at DYNIX's then published rates
thereof.
Notwithstanding any of these provisions, the City may
relocate terminals, light pens, laser readers, terminal
printers or like peripherals to any location.
6. Delivery Schedule
The estimated delivery dates are set forth in Rider A
hereto.
7. Risk of Loss
Delivery shall be made in accordance with the
implementation schedule referenced as part of this
Agreement. It will be possible to allow for minor
variances from this implementation schedule as mutually
agreed upon by both parties and confirmed by prior
written notice. Before delivery, DYNIX shall be
responsible for the EQUIPMENT and relieve the City of
responsibility for all risk or loss or damage to the
EQUIPMENT. In addition, DYNIX shall hold the City
harmless from damage arising out of the installation of
the EQUIPMENT and SOFTWARE.
8. Title
Title to the EQUIPMENT shall pass from DYNIX to the
City upon delivery of the EQUIPMENT inside the computer
room at the Library.
9. SOFTWARE License
A. General
Subject to the terms and conditions herein set
forth, DYNIX hereby grants to the City a
non -transferable, non-exclusive and royalty -free
license (the "LICENSE") for as long as the City
owns and operates the SYSTEM to use the SOFTWARE,
as well as any additions and/or supplements
thereto, solely in the conduct of the City's
business. SOFTWARE will be provided by DYNIX to
Page 7 '
The City, pursuant to the terms of this Agreement,
only in machine-readable object code. The
foregoing shall not be construed to preclude
City's accomplishing service for other libraries
or groups of libraries. The City acknowledges
that by virtue of this LICENSE, the City acquires
only the right to use the original and permitted
duplicate copies of the SOFTWARE, as well as any
additions and/or supplements thereto, as described
herein and does not acquire any rights of
ownership in the SOFTWARE, which rights shall
remain exclusively with DYNIX. The term of the
LICENSE shall commence upon delivery of the first
module of SOFTWARE.
B. Protection of Proprietary SOFTWARE
The City agrees that the SOFTWARE, together with
all materials and knowledge related thereto
obtained by the City, shall be held in confidence
and shall not at any time, either during the term
of the LICENSE or thereafter, be made available in
any form to any person or entity other than to
employees of the City or consultants or
contractors retained by or responsible to the City
to the extent that such disclosure is reasonably
necessary to the City's use of the SOFTWARE
authorized hereunder, without the express written
consent of DYNIX. The City agrees that in the
event of its employing any consultants or
contractors who would have access to the SOFTWARE,
it will make all reasonable efforts to insure that
such consultants or contractors execute agreements
whereby they recognize, accept and agree to
observe the protection agreements afforded to
DYNIX by this paragraph.
C. Right to Copy
The City agrees that it will not copy or in any
way duplicate SOFTWARE or any materials related
thereto, in whole or in part, except as expressly
authorized to.do so by this LICENSE or by written
consent of DYNIX. DYNIX hereby expressly
authorizes the City to copy SOFTWARE for its own
use, solely for archive or emergency restart
purposes or to replace worn copy.
Page r8.
D. Materials Developed by DYNIX or the City
The City agrees that all training and procedural
materials developed by DYNIX in•conjunction with
the SOFTWARE shall be the property of DYNIX. The
City further agrees that additions and supplements
to the SOFTWARE which may be developed for the
City through the reimbursed or unreimbursed
efforts of DYNIX employees or agents, whether or
not in conjunction with the City's employees or
agents, shall be the exclusive property of DYNIX.
All training and procedural materials developed by
the City acting without DYNIX shall be the
exclusive property of the City.
E. Proprietary Rights
DYNIX retains for itself, and the City
acknowledges that DYNIX so retains, all
proprietary rights in and to all designs,
engineering details, and other data pertaining to
the SYSTEM, and retains for itself the sole right
to manufacture, lease, license, and sell any and
all such systems. The SOFTWARE and the
configuration of the EQUIPMENT shall be deemed to
be trade secrets of DYNIX.
F. SOFTWARE Availability
DYNIX shall place and maintain in escrow for the
City's protection and benefit the source code
(including flowcharts and instructions) for all
SOFTWARE (including enhancements and
improvements). In the event that DYNIX withdraws
support and maintenance, either voluntarily or
involuntarily, of the SOFTWARE licensed under this
Agreement, the the escrow agent shall deliver to
the City within forty-five (45) days prior to the
expiration of support and maintenance the source
code (including flowcharts and instructions).
DYNIX shall submit to the City as part of this
Agreement between the City and DYNIX a copy of the
legally executed Agreement between DYNIX and the
escrow agent. If DYNIX changes the escrow agent,
DYNIX shall notify the City in writing within ten
(10) days of such action and shall provide a copy
of the legally executed Agreement between DYNIX
and the new escrow agent.
Page 9
G. Ownership of Data
All bibliographic, item, fine, patron, and other
records entered into the database and all related
indexes of the City or supplied to DYNIX by the
City or agents of the City are and shall remain
the sole property of the City. DYNIX shall not,
without the City's written consent, copy or use
such records, except to carry out contracted work,
will not transfer such records, except to carry
out contract work; will not transfer such records
to any other party not involved in the performance
of this Agreement; and will return submitted
records to the City upon completion of the work
hereunder. The City shall have the right and be
able to, without the consent of DYNIX, extract as
the City's property such data using standard DYNIX
utilities including MARC output formats and at no
cost to the City. DYNIX agrees to assist the
City, if requested, in making such extracts at the
published rates.
10. Patent and Copyright Protection
DYNIX, at is own expense, shall completely and entirely
defend the City from any claim or suit brought against
the City arising from claims of violation of United
States patents or copyrights resulting from DYNIX or
the City's use of any equipment, software,
documentation, and/or data developed in connection with
the services and products described in this Agreement,
provided that the infringement claimed shall have
arisen solely because of DYNIX's selection as to the
design or composition of the LICENSED SOFTWARE or the
EQUIPMENT and the LICENSED SOFTWARE or the EQUIPMENT is
used by the City in the form, state or condition as
delivered by DYNIX. The City will provide DYNIX with
a written notice of any such claim or suit. The City
will also assist DYNIX, in all reasonable ways, in the
preparation of information to DYNIX in defending the
City against this suit at DYNIX's expense. In the
event that the City is required to pay monies, in
defending such claims or in the event that the City is
ordered to pay damages as a result of a judgement
arising out of an infringement of patents and/or
copyrights, DYNIX agrees to fully reimburse the City
for all monies expended in connection with these
matters. City retains the right to offset against any
amounts owed DYNIX any such monies expended by the City
in defending itself against such claims.
Should a court order be issued against the City
restricting the City's use of any product of a claim,
and should DYNIX determine not to further appeal the
claim issue, at the City's sole option, DYNIX shall
provide the following:
Page 10'
(1) Purchase for the City the rights to continue using
the contested product(s), or
(2) Provide substitute products to the City which are,
in the City's sole opinion, of equal or greater
quality, or
(3) Refund all monies paid to DYNIX for the product(s)
subject to the court action. DYNIX shall also pay
to the City all reasonable related losses related
to the product(s) and for all reasonable expenses
related to the installation and conversion to the
new product(s).
11. Training
DYNIX shall provide without additional charge training
sessions on the operations and use of the SYSTEM for
the City's personnel as set forth in DYNIX's PROPOSAL
at times and locations to be agreed upon by DYNIX and
the City. Any additional training required by the City
shall be provided by DYNIX at DYNIX's prevailing rate
for such services. Any additional training required as
a result of the EQUIPMENT and/or SOFTWARE upgrades to
the SYSTEM purchased under this Agreement will be
provided as determined by DYNIX and the City. Nothing
in this provision shall be construed to obligate the
City to purchase any additional training or periodic
review sessions. The City reserves the right to
videotape DYNIX's training sessions for later re -use
within the City. DYNIX shall provide orientation
training for two (2) Library representatives in Provo,
Utah as part of this Agreement.
12. Documentation
Complete documentation as defined in this Paragraph
shall be delivered to the City upon shipment of
EQUIPMENT.
All documentation shall be amended to indicate any
changes in EQUIPMENT and SOFTWARE made after the SYSTEM
is certified ready for use and all such documentation
shall be delivered to the City in proper form prior to
final payment.
DYNIX agrees to provide the City, without additional
charge, (a) two (2) copies of the DYNIX User's Manual,
(b) one (1) copy of the operator's manual for each
terminal purchased, (c) two (2) copies of the EQUIPMENT
manual for each type of peripheral EQUIPMENT purchased,
and (d) one (1) copy of the EQUIPMENT manuals for each
type of computer room EQUIPMENT.
Page '11.
All revisions and upgrades to documentation and manuals
must be supplied by DYNIX at no additional cost, so
long as a maintenance agreement is in effect between
the City and DYNIX.
DYNIX grants to the City the right to copy or otherwise
reproduce portions of DYNIX-produced documentation and
manuals furnished pursuant to this provision for
internal use at no additional charge. The DYNIX
statement of copyright must appear on each copy.
13. Maintenance Agreement
All maintenance of the SYSTEM described herein,
covering parts, labor, and travel expenses for
corrective,=emedial, and preventive maintenance is
covered under the MAINTENANCE AGREEMENT between the
City and DYNIX. Replacement parts for the EQUIPMENT
shall be available for a period of at least five (5)
years from the date of final system acceptance or as
long as the MAINTENANCE AGREEMENT is in effect.
14. Functional Acceptance Test
A. All functions in DYNIX's PROPOSAL shall be tested
in accordance with Rider G as soon as a training
database of at least two -hundred (200) Corpus
Christi bibliographic records with associated
items have been successfully loaded and DYNIX has
conducted the prerequisite training.
The City shall notify DYNIX in writing when the
Functional Acceptance Test is completed,
indicating those functions which have not
performed correctly. DYNIX shall have thirty (30)
days from receipt of notice to make the necessary
corrections. The test will be repeated within
thirty (30) days of receipt by the City of
corrections from DYNIX. The payment associated
with the Functional Acceptance Test in Section 17
of this Agreement shall be made when all functions
are operational.
B. If the City fails to schedule performance of this
Functional Acceptance Test within the allotted
time, provided the DYNIX has conducted the
Page 12
prerequisite training and the training database of
at least two -hundred (200) Corpus Christi
bibliographic records and associated items have
been successfully loaded, the test will be deemed
to have been successfully completed and all
associated payments will be due and payable to
DYNIX. Payment made to DYNIX under these
conditions does not relieve DYNIX of the
responsibility for meeting the functional
requirements of the test.
C. If successful completion is not attained, either
as a result the Functional Acceptance Test not
being passed or the training database not being
successfully loaded, the City shall have the right
to terminate the Agreement or to continue the
test. If, not withstanding its right under this
subparagraph to terminate the test, the City has
permitted the test to be continued, such
permission by the City shall not constitute an
abrogation of its right or a waiver of its right
to terminate the Agreement; and such right shall
remain in effect until such time as either a
successful completion of the test is accomplished,
or the City formally terminates the Agreement by
notice to DYNIX. Upon such termination, DYNIX
shall refund to the City all payments made to
DYNIX under this Agreement and the City shall
return all SOFTWARE and EQUIPMENT to DYNIX at
DYNIX's expense.
15. SYSTEM Reliability Performance Tests.
A. As soon as the HARDWARE Functionality Test for
Phase I EQUIPMENT has been successfully completed
the SYSTEM Reliability Performance Test Phase I as
outlined in Rider F shall commence and shall
continue for sixty (60) days. Maintenance charges
for Phase I EQUIPMENT and SOFTWARE will not begin
until one year after the successful completion of
the SYSTEM Reliability Performance Test Phase I.
DYNIX must successfully complete the SYSTEM
Reliability Performance Test Phase I within one
hundred -eighty (180) days of commencement of
testing. If the test fails, the City shall
automatically re -start the test after the problem
has been resolved.
B. The City may, at its option, stop and resume the
test, and such time during which the test was
stopped at the City's option, shall count neither
as downtime nor as part of the successful sixty
Page '13.
(60) day performance period nor as part of the one
hundred -eighty (180) day total test period. At no
event shall such interruption(s) of the test
extend beyond a total of five (5) days per test.
The City shall notify DYNIX in advance of stops
and resumption of testing.
C. As soon as the HARDWARE Functionality Test for
Phase II EQUIPMENT has been successfully
completed, the SYSTEM Reliability Performance Test
Phase II as outlined in Rider F shall commence and
shall continue for sixty (60) days. Maintenance
charges for Phase II purchases will not begin
until one (1) year after the successful completion
of the SYSTEM Reliability Performance Test Phase
II
DYNIX must successfully complete the SYSTEM
Reliability Performance Test Phase II within one
hundred -eighty (180) days of commencement of
testing. If the test fails, the City will
automatically re -start the test after the problem
is resolved.
D. The City may, at its option, stop and resume the
test, and such time during which the test was
stopped at the City's option shall count neither
as downtime nor as part of the successful sixty
(60) day performance period nor as part of the one
hundred -eighty (180) day total test period. At no
event shall such interruption(s) of the test
extend beyond a total of five (5) days per test.
The City shall notify DYNIX in advance of stops
and resumption of testing.
E. The City shall notify DYNIX in writing when the
SYSTEM Reliability Performance Tests are
completed.
F. If the City fails to commence performance of the
SYSTEM Reliability Performance Test Phase I after
the prerequisite items listed in 14A have been
met, and if the City fails to commence performance
of SYSTEM Reliability Performance Test Phase II
as soon as the HARDWARE Functionality Test for
Phase II EQUIPMENT has been successfully completed,
provided that DYNIX has conducted the prerequisite
training, the test will be deemed to have been
successfully completed and all associated payments
will be due and payable to DYNIX. Payment made to
DYNIX under these circumstances does not relieve
DYNIX of the responsibility for meeting the
criteria of this test.
Page.14•
G. If successful completion of the SYSTEM Reliability
Performance Tests are not attained within one
hundred -eighty (180) days of the date of (Phase I
and Phase II) commencement of the tests, excluding
any time during which testing was stopped at the
City's request, the City shall have the right to
terminate the Agreement or to continue the test.
If, not withstanding its right under this
subparagraph to terminate the test, the City has
permitted the test to be continued, such
permission by the City shall not constitute an
abrogation of its right or a waiver of its right
to terminate the Agreement; and such right shall
remain in effect until such time as either a
successful completion of the test is accomplished,
or the City formally terminates the Agreement by
notice to DYNIX. Upon such termination, DYNIX
shall refund to the City all payments made to
DYNIX under this Agreement and the City shall
return all SOFTWARE and EQUIPMENT to DYNIX at
DYNIX's expense.
16. Final Acceptance Test
A. No later than forty-five (45) days after the
commencement of online use of the Public Access
Catalog, the Final Acceptance Test outlined in
Rider F shall be performed.
B. The City will notify DYNIX in writing when the
Final Acceptance Test is completed.
C. If the City fails to commence performance of the
Final Acceptance Test after commencement of online
use of the Public Access Catalog, the test will be
deemed to have been successfully completed and all
associated payments will be due and payable to
DYNIX. Payment made to DYNIX under these
conditions does not relieve DYNIX of the
responsibility for meeting the criteria of this
test.
D. If successful completion is not attained, the City
shall have the right to terminate the Agreement or
to continue the test. If, not withstanding its
right under this subparagraph to terminate the
test, the City has permitted the test to be
continued, such permission by the City shall not
Page ' 15.
constitute an abrogation of its right or a waiver of
its right to terminate the Agreement; and such right
shall remain in effect until such time as either a
successful completion of the test is•accomplished, or
the City formally terminates the Agreement by notice to
DYNIX. Upon such termination, DYNIX shall refund to
the City all payments made to DYNIX under this
Agreement and the City shall return all SOFTWARE and
EQUIPMENT to DYNIX at DYNIX's expense.
17. Schedule of Payments
The total amount to be paid under this Agreement shall
not exceed $ 509,726.00. Payment is due no later than
thirty (30) days after each of the following milestones
in the percentage of the Purchase Price specified.
Purchase Price shall be defined to include all
EQUIPMENT and SOFTWARE listed in Riders B, C and D,
excluding cabling and the barcode label costs as quoted
in Rider D. Barcode label costs will be billed
separately and shall be payable by the City upon
receipt of an invoice from DYNIX. Cabling will be
billed separately and shall be payable by the City upon
receipt of an invoice from DYNIX.
20% - Delivery of SYSTEM
20% - Installation of SYSTEM, as evidenced by
successful completion of the HARDWARE
Functionality Test outlined in Rider F.
20% - Load and Testing of Title and Copy Database,
Installation and Proper Functioning of
Online OCLC Interface
10% - Functional Acceptance Test per Rider G
10% - System Reliability Performance Test Phase I
per Rider F
10% - System Reliability Performance Test Phase II
per Rider F
10% - Final Acceptance Test per Rider F
Invoices shall be submitted in triplicate to:
Mr. Herbert G. Canales
Director of Libraries
Corpus Christi Public Libraries
805 Comanche
Corpus Christi, Texas 78401
Page '16.
The City may withhold any payments due DYNIX which may
be necessary due to:
(1) Defective work not remedied.
(2) Third party claims filed or reasonable
evidence indicating probable filing of such
claims
(3) Failure of DYNIX to make payments properly to
any subcontractors or suppliers of labor,
materials, or equipment.
(4) Damage to the City.
(5) Reasonable evidence that the remaining work
cannot be completed for the unpaid balance of
the Agreement.
(6) Reasonable evidence that the work will not be
completed within the periods of time as
allocated in Rider A to this Agreement where
the delays are the cause of DYNIX.
(7) Persistent failure to carry out the work in
accordance with this Agreement.
Payments shall be made for amounts withheld only
after the above grounds have been removed.
18. Conversion of Data
DYNIX assumes responsibility for the conversion of all
bibliographic data currently on OCLC tapes into a
format usable by the DYNIX SYSTEM being purchased. All
bibliographic data must be stored in the MARC II
Standard Communications Format and must be capable of
being maintained and output in that format.
An online interface to the OCLC bibliographic utility
will be provided by DYNIX for online transfer of
bibliographic and copy information into the DYNIX
SYSTEM.
An online interface to the Bibliofile Cataloging System
will be provided by DYNIX for online transfer of
bibliographic and copy information into the DYNIX
system.
DYNIX will provide custom labels. Custom labeling is a
method of computer -assigning copy -specific information
to the City's machine-readable bibliographic records
and printing barcode labels which contain enough
bibliographic information to identify matching items.
The major steps and costs involved in the custom
labeling process are set forth on Rider D.
Page ' 17.
DYNIX shall build name and subject authority records
based on the Library's bibliographic records and shall
make cross-references ("see" and "see also") for all
subject headings.
19. Warranty
For purpose of this Agreement, a commitment by DYNIX
includes any warranty or representation made by DYNIX
in the PROPOSAL and/or CLARIFICATIONS as to EQUIPMENT
or SOFTWARE performance, total SYSTEM performance, or
any other physical, design, or functional
characteristics of a machine, SOFTWARE, or a SYSTEM.
A. Performance levels
DYNIX expressly warrants that the configuration
provided pursuant to this Agreement will meet or
exceed the performance standards specified in
Rider E at the activity levels and data storage
capacity described in Rider E, performing the
functions outlined in DYNIX's PROPOSAL.
In the event that the SYSTEM fails to perform at
these levels any time within five (5) years after
the final acceptance of the SYSTEM and if this is
due to an inadequate configuration (as opposed to
EQUIPMENT and SOFTWARE failure which shall be
repaired immediately and for which there are
separate liquidated damages), DYNIX will provide
at no additional cost whatsoever to the City,
additional EQUIPMENT and SOFTWARE necessary to
bring the SYSTEM into compliance with these
requirements within ninety (90) days after written
notification to DYNIX by the City of such failure.
From the time of such notice, the City may assess
liquidated damages at the rate of S100 per day for
days 31-60, $200 for days 61-90, and $300 for
every day thereafter, and shall withhold such
amounts from any payments which may be due under
the Maintenance Agreement between DYNIX and the
City. If the SYSTEM is brought into compliance
within ninety (90) days, no liquidated damages
will be due the City and the amounts withheld
shall be paid. If the SYSTEM is not brought into
compliance within ninety (90) days, the City may
exercise its rights pursuant to the provisions of
the Performance Bond.
B. Other Warranties
DYNIX warrants that the City shall acquire good
and clear title to the EQUIPMENT being purchased
by the City hereunder, free and clear of all liens
and encumbrances. All EQUIPMENT shall be new and
unused. •
Page 18.
DYNIX further warrants that at the point and item
of installation the EQUIPMENT shall be free from
defects in design, workmanship, and materials
under normal use and service are fit and
sufficient for their intended purpose. This
warranty will continue until one (1) year after
completion of each of the SYSTEM Reliability
Performance Tests (Phase I and Phase II) or after
one (1) year after equipment is delivered and
installed, whichever is later. If, during such
warranty period, the City provides written notice
of the discovery of any defects in the EQUIPMENT,
DYNIX will, at its option, and expense, repair all
defects or replace portions of the EQUIPMENT,
where appropriate, provided DYNIX's inspection at
the site of the EQUIPMENT demonstrates the
existence of the defects asserted by the City.
Portions of the EQUIPMENT which are of an
expendable nature, both mechanical and electrical,
including, but not limited to, ribbons, brushes,
and paper, are excluded from the warranty provided
in this paragraph.
In addition to the defects listed here, DYNIX
further warrants to provide such equivalent
maintenance service as described in the
MAINTENANCE Agreement during the extended warranty
periods.
20. Foreign Component Interface
The City is hereby authorized to attach to the SYSTEM
equipment supplied by a vendor other than DYNIX,
provided said equipment consists of peripheral devices
which, in the sole discretion of the City, will not
adversely affect the operation and performance of the
SYSTEM.
21. Indemnification
DYNIX hereby agrees to, and shall hold the City, its
elective and appointive boards, officers, agents, and
employees (the "INDEMNITEES"), harmless from any
liability for damages or claims for damages for bodily
injury including death, and from claims for property
damage which may arise from DYNIX's or any
subcontractors' misconduct or negligent operations
under this Agreement, whether such operations by DYNIX
or any subcontractor, or subcontractors, or by any one
or more persons directly or indirectly employed by, or
acting as agent for, DYNIX or any subcontractor or
subcontractors. DYNIX agrees to, and shall, defend the
INDEMNITEES from any suits or actions at law or in
equity for damages caused, or alleged to have been
caused, by reason of any of the aforesaid operations.
Page 1g-
22. Insurance
DYNIX shall secure at DYNIX's expense and keep in
effect until the satisfactory completion and acceptance
by the City of the work to be accomplished under this
Agreement a Comprehensive General Liability policy
covering bodily injury and property damage and to
include endorsements for Contractual Liability for all
contracts involving the work under this Agreement and
an endorsement for Completed Operations from an
insurance company acceptable to the City. Coverage
limits shall be not less than $100,000 per person for
bodily injury or death, $300,000 per occurrence for
bodily injury or death, and $50,000 per occurrence for
property damage.
DYNIX shall provide Workers' Compensation coverage in
accordance with state and federal regulations.
Before activities can begin under this Agreement a
Certificate of Insurance as proof of the required
insurance coverages must be sent to Mr. Herbert G.
Canales, Director of Libraries, Corpus Christi Public
Libraries, 805 Comanche, Corpus Christi, Texas 78401.
Additionally, the Certificate must state that the City
will be given at least thirty (30) days notice of
cancellation, material change in the coverages, or
intent not to renew any of the policies. The City may
also ask for copies of the insurance policies.
Insurance carried by DYNIX under this Agreement is
primary coverage in the case of loss or damage.
23. Independent Contractor
DYNIX shall perform the services hereunder as an
independent contractor and shall furnish such services
in its own manner and method, and under no
circumstances or conditions shall any agent, servant,
or employee of DYNIX be considered as an employee of
the City.
24. Equal Opportunity Clause
DYNIX shall not discriminate in its recruiting, hiring,
promotion, demotion, or termination practices on the
basis of race, religious creed, color, national origin,
ancestry, sex, marital status, age or physical handicap
in the performance of this Agreement and shall comply
with the provisions of the Federal Civil Rights Act of
1964, as set forth in the Public Law 88-352 and all
amendments thereto; Executive Order 11246; and all
administrative rules and regulations issued pursuant to
such acts and orders.
Page '20.
25. Non -Assignability
No assignment of this Agreement or any right or
interest therein by DYNIX shall be effective unless
the City shall first give its written consent to such
assignment which consent may be withheld by the
discretion of the City on any ground whatsoever. The
performance of the contract by DYNIX and the City is of
the essence of this contract.
The City shall not assign any of its rights or
obligations under this Agreement unless DYNIX shall
give its written consent to such assignment, which
consent shall not be unreasonably withheld.
26. Publicity
DYNIX agrees to submit to the City all press releases,
advertising, sales promotion, and other publicity
matters relating to any product furnished by DYNIX to
the City wherein the City's name is mentioned,
excluding DYNIX customer list. DYNIX shall not publish
or knowingly permit to be published any such material
without the prior written consent of the City.
27. SYSTEM Modification
DYNIX grants to the City ninety (90) days following
completion of installation of system install options to
request modification of such options at no additional
charge to the City. Such install options include but
are not limited to creating or adding index points,
adding fields to records, and changing screen displays
as disk storage space permits.
DYNIX may provide to the City from time to time
modifications of the construction and/or the design of
the EQUIPMENT and/or the SOFTWARE. If the City elects
to install such modifications, the City will install
such SOFTWARE modifications within sixty (60) days of
their receipt from DYNIX, and will permit DYNIX to
install such EQUIPMENT modifications. If necessary,
the City shall allow DYNIX personnel access to the
SYSTEM during normal business hours, or at such other
times as may be mutually agreed upon, for the purpose
of installing such modifications. In the event that
DYNIX provides such modifications to the City. DYNIX
shall supply documentation and training which shall be
sufficient for the use and operation of the SYSTEM by
the City.
Page 21.
If the City does not elect to install enhancements or
improvements, then such enhancements or improvements
will not be required and DYNIX will continue to provide
HARDWARE and SOFTWARE maintenance as prescribed in this
Agreement for a period of at least two (2) years.
After such time the City, at its option, may elect to
continue maintenance under an agreement with new rates
to be negotiated at that time. The City understands
that all releases must be installed separately and that
enhancements, and some bug fixes, are not available
without accepting such releases.
28. Purchase of Additional Equipment
The City shall have an option to purchase additional
EQUIPMENT and SOFTWARE upon the terms and conditions,
including prices, set forth in DYNIX's PROPOSAL and
CLARIFICATIONS for a period of twenty-four (24) months
from the date of execution of this Agreement. Any
price reductions that occur before delivery of said
additional EQUIPMENT and SOFTWARE will be made
available to the City, which at its option may use this
reduction in lieu of proposed prices.
29. The City's Responsibilities
A. The City will provide adequate and timely support
or information with regard to its administrative,
operational, and management procedures, and any
data necessary to effectively complete
implementation or installation of the SYSTEM.
B. The City agrees to provide DYNIX with certain data
that will be incorporated into the building of
various data files and which are essential to the
implementation of the SYSTEM. DYNIX will provide
the City with the necessary specifications for
such data. DYNIX will not assume liability for
incorrect SYSTEM performance resulting from
failure of the City to submit appropriate data,
from the submission of erroneous data, or the
City's sole negligence.
30. Performance Bond
DYNIX shall provide the City with a performance bond
for one hundred (100) percent of the EQUIPMENT and
SOFTWARE purchase price as outlined in Riders B and C.
This bond must be drawn by a company acceptable to the
City, and must be delivered to the City within fifteen
(15) days of contract ratification. The bond will not
be discharged until after the successful completion of
the Final Acceptance Test. The City will pay DYNIX for
the performance bond.
Page 22'
31. Non -Appropriation of Funds
This Agreement shall commence upon the day first
provided herein and continue in full force and effect
until termination in accordance with its provisions.
All parties will recognize that the continuation of any
contract after the close of any fiscal year of the City
of Corpus Christi, which fiscal year ends on July 31 of
each year, shall be subject to budget approval
providing for or covering such contract item as an
expenditure in said budget. The City does not
represent that said budget item will be actually
adopted, said determination being the determination of
the City Council of the City of Corpus Christi at the
time of the adoption of the budget herein.
32. No Waiver
No Waiver of any breach of any term or condition of
this Agreement shall be construed to waive any
subsequent breach of the same or any other term or
condition of this Agreement.
33. Force Majeure
The parties shall not be liable for delays resulting
from force majeure or other causes beyond their
reasonable control, including, but not limited to,
compliance with any Government law or regulation, acts
of God, acts or omissions of the other party,
Government acts or omissions, fires, strikes, national
disasters, wars, riots, transportation problems and/or
any other cause whatsoever beyond the reasonable
control of the parties. Any such cause will extend the
performance of the delayed obligation to the extent of
the day so incurred.
34. Notices
All notices given hereunder will be sent certified
mail, return receipt requested, addressed to the other
party at the following address or such other address as
either party may specify in writing.
The City:
Mr. Herbert G. Canales
Director of Libraries
Corpus Christi Public Libraries
805 Comanche
Corpus Christi, Texas 78401
DYNIX:
Paul Sybrowsky, President
DYNIX, Inc.
1455 West 820 North
Provo, Utah 84601
Page 23.
A notice shall be deemed given when placed in the U. S.
Mail as specified above.
35. Governing Law
This Agreement shall be subject to all laws of the
Federal Government of the United States of America and
to the laws of the State of Texas. A11 duties of
either party shall be legally performable in City of
Corpus Christi, Texas. The applicable law for any
legal disputes arising out of this contract shall be
the law of (and all actions hereunder shall be brought
in) the State of Texas an the form and venue for such
disputes shall be of the appropriate district, county
or justice court in and for Nueces County, Texas.
36. Survival Clause
All duties and responsibilities of any party, which
either expressly or by their nature extend into the
future, shall extend beyond and survive the end of the
contract term or cancellation of this Agreement.
37. Subcontractors
DYNIX may use subcontractors in connection with the
work performed under this Agreement. when using
subcontractors, however, DYNIX must obtain written
prior approval from the City for activities or duties
to take place at the library site or with library data
or indexes. In using subcontractors, DYNIX agrees to
be responsible for all their acts and omissions to the
same extent as if the subcontractors were employees of
DYNIX.
38. Non -Waiver of Agreement Rights
It is the option of any party to the Agreement to grant
extensions or provide flexibilities to the other party
in meeting scheduled tasks or responsibilities defined
in the Agreement. Under no circumstances, however,
shall any parties to the Agreement forfeit or cancel
any right presented in the Agreement by delaying or
failing to exercise the right or by not immediately and
promptly notifying the other party in the event of a
default.
Page 24'
In the event that a party to the Agreement waives a
right, this does not indicate a waiver of the ability
of the party to, at a subsequent time, enforce the
right. The payment of funds to DYNIX by the City
should in no way be interpreted as acceptance of the
SYSTEM or the waiver of performance requirements.
39. Entire Agreement
The Agreement may be modified or extended by formal
amendment of the Agreement signed by the parties and
made a permanent part of the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement to be effective for all purposes as of July
1, 1987.
ATTEST: CITY OF CORPUS CHRISTI,
"City"
By By
Armando Chapa, City Secretary Craig A. McDowell, City Manager
Approved this day of, 1987
By HAL GEORGE, City Attorney
By
Assistant City Attorney
DYNIX, Inc.,
"DYNIX"
By
, its
Rider A: Schedule for Activities
Rider B: EQUIPMENT List and Prices
Rider C: SOFTWARE List and Prices
Rider D: DYNIX Services and Prices
Rider E: Performance Standards
Rider F: Testing Procedures
Rider G: Functional Acceptance Test
.3
RIDER A
SCHEDULE OF ACTIVITIES
Party
Date to Finish Responsible Tasks
July 1, 1987 Joint Finalize contract
July 1, 1987 DYNIX Send central site and branch
site specifications to Library
July 1, 1987 DYNIX Send pre -installation guide to
Library
July 1, 1987 Library Send central site blueprints
to DYNIX
July 1, 1987 Library Order bibliographic master
file and supplement from
AMIGOS
July 2, 1987 DYNIX
July 15, 1987 DYNIX
July 15, 1987 DYNIX
July 15, 1987 Library
August 1, 1987 Library
August 1, 1987 Joint
August 10-11, 1987 Joint
Review and approve central
site layout
Provide diagram for
telecommunications line order
Order generic item and patron
barcode labels
Prepare and submit
telecommunications order to
Southwestern Bell
Order patron cards and
registration forms
Prepare purchase order for
supplies
Initial meeting between DYNIX
and Library project leaders
to:
a) define files and screen
layout
b) discuss selection of
local parameters
..2
c) define how to access the
database, access points,
and which fields are
.indexed and combined
d) decide which fields are
to be authority files
e) map bibliographic
database
f) discuss and prepare plans
for registration
g) discuss custom label
process
September 1, 1987 Library Begin patron registration
September 1, 1987 DYNIX DYNIX receives bibliographic
master file
September 15, 1987 DYNIX Process AMIGOS bibliographic
tapes and provide sample run
of sorting to Library.
Resolve problems with Library
concerning custom label
process.
September 15, 1987 Library Complete central and library
site preparations
October 1, 1987 DYNIX Delivery of central site
equipment and technical
services and training
terminals
October 9, 1987
DYNIX Inspection and certification
of central site
October 9, 1987 DYNIX Install central site
equipment, software and
technical services and
training terminals
October 10, 1987 Library
October 23, 1987 DYNIX
October 26, 1987 DYNIX
October 26, 1987 Library
October 30, 1987 DYNIX
Start System Performance
Reliability Test Phase I
Load bibliographic master file
tape
Install online OCLC interface
Test online OCLC interface
Train system operations and
technical services group
October 30, 1987 DYNIX Establish training file
October 30, 1987 Library Start Functional Acceptance
Test.
November 6, 1987 Joint Load supplement tape from
AMIGOS and interim OCLC
diskettes
November 13, 1987 DYNIX Deliver master file for custom
labels to label vendor
November 30, 1987 DYNIX Acquisitions training
December 1, 1987 Library Begin online acquisitions
January 1, 1988 Library/ Installation of telecommunica-
Southwestern tions lines
Bell
January 1, 1988 Library
January 8, 1988 DYNIX
January 8, 1988 DYNIX
January 8, 1988 DYNIX
January 16, 1987 Library
January 18,1987 Library/
DYNIX
Max 2, 1988 DYNIX
May 3, 1988 Library
May 9, 1988 DYNIX
May 16, 1988
Complete branch site
modifications
Deliver and install remaining
Phase I terminals
Deliver custom barcode labels
Train circulation group
Finish labeling at Central
Library
Begin online circulation at
Central Library
Deliver and install Phase II
equipment
Start System Performance
Reliability Test Phase II
PAC training
Library Begin online catalog at
Central Library
July 1, 1988 Library Start Final Acceptance Test
for SYSTEM
4••
RIDER B
EQUIPMENT LIST AND PRICES
QTY COMPONENT UNIT COST TOTAL PRICE
PHASE I
1 ULTIMATE 6800 Computer System 116,055.00
Includes:
PICK Operating System
Ultimate 7X co -Processor
4K Words Cache Memory
Honeywell Model 70 I/O Processor
1MB EDAC Main Memory
20 Slot Megabus
Full Control Panel
5 1/4" Diagnostic Diskette Drive
Disk Drive Controller (max 4 drives)
Tape Drive Controller (max 2 drives)
Parallel Printer Controller
Dual 60" System Cabinets
30 amp, 208 VAC Power Dist. Unit
Battery Backup Unit
Power Conditioning Unit
2 515 MB Fixed Media Disk Drive 22,500.00 45,000.00
1 6250/1600 bpi 75 ips Tape Drive 27,000.00 27,000.00
3 16 -Port Serial I/O Controller 9,500.00 28,500.00
1 Printronix 300 LPM Printer 7,500.00 7,500.00
18 Wyse 50 CRT Terminals1 480.00 8,640.00
17 DYNIX Circulation Terminalsi 545.00 9,265.00
1 DYNIX Circulation Terminal1 N/C N/C
11 Intermec 9510 Light Pen 650.00 7,150.00
10 SymbolTec 6000 Laser Readers 2,075.00 20,750.00
3 Rixon 2121 Executive Modem 500.00 1,500.00
2 ComDesign T5004S 4 -ch Mux 1,800.00 3,600.00
2 ComDesign T5008L 8 -ch Mux 3,200.00 6,400.00
2 ComDesign T5012L 12 -ch Mux 3,200.00 6,400.00
2 ComDesign T5016L 16 -ch Mux 4,300.00 8,600.00
1 Amber Monitors
4 ComDesign 4800 bps Modem 995.00
4 ComDesign 9600 bps Modem 1,250.00
1 Black Box A/B Switch 150.00
14 HP ThinkJet Printers 500.00
2 Spine Label Printers 525.00
PHASE II
1 Ultimate 6800 System Upgrade 12,00.00
includes:
1 MB EDAC Main Memory (2MB total)
3,980.00
5,000.00
150.00
7,000.00
1,050.00
12,000.00
2 16 -Port Serial I/O Controller 9,590.00 19,180.00
38 DYNIX Patron Access Terminall 570.00 21,660.00
2 Spare DYNIX Patron Access Terminal1 N/C N/C
10 HP ThinkJet Printers 500.00 5,000.00
SUBTOTAL $371,380.00
LESS DISCOUNT 43,000.00
TOTAL OF RIDER B $328,380.00
1 Amber Monitors
RIDER C
SOFTWARE LIST AND PRICES
211 COMPONENT TOTAL PRICE
PHASE I
1 Cataloging Module $18,000
1 Circulation Module 15,000
1 Microcomputer Patron Registration Module 800
1 OCLC Interface Module 4,000
1 Bibliofile Interface 4,000
1 Acquisitions Module 15,000
PHASE II
1 Public Access Catalog Module 8,000
TOTAL OF RIDER C $64,800
7'
RIDER D
DYNIX SERVICES AND PRICES
SERVICES UNIT CHARGE TOTAL CHARGE
PHASE I
Shipping and Insurance $2,700
Hardware Installation 4,400
Software Installation 2,000
Training - 11 Days/5 Trips 11,000
Training in Provo - 1 additional person 750
Branch Software Profiling 1,000 4,000
Database Preparation and Loading 3;500
Item Record Creation 3,000
First Year Extended Warranty 26,387
Custom Barcode Tape Creation 2,000
100,000 Single Patron Laminated barcodes $29/1000 2,900
100,000 Item Laminated Barcodes $29/1000 2,900
300,000 Custom Laminated Barcodes $48/1000 14,400
Performance Bond 5,780
Cabling for Central Library (Estimate - Final amount
-to be based on bid received by Dynix) 11,700
PHASE II
Shipping and Insurance 600
Hardware Installation 2,900
Software Installation 2,000
Authority Load 2,000
1 Training Day (1 Trip) 1,000
11 -Month Extended Warranty 10,629
TOTAL OF RIDER D $116,546
8'.
RIDER E
PERFORMANCE STANDARDS
1. TRANSACTION MIX TABLE - YEAR 5 (1993)
PER HOUR PER HOUR
TRANSACTION TYPE (AVERAGE) (PEAK)
Charges 440 1,750
Discharges 440 875
Titles Added 6 6
Titles Changed 14 34
Items Added or Changed 60 100
Patrons Added or Changed 30 60
Acquisitions Records Added or Changed 20 24
Simple Catalog Searches (List or Authority) 930 1,395
Complex Catalog Searches (Boolean or Keyword) 240 480
FILE
Bibliographic Records
Copy/Item Records
Patron Records
2. FILE SIZES
YEAR 1
170,000
300,000
80,000
In addition, the following indexes are included:
Patron Name Title/Series Keyword
Patron Barcode Title Alphabetical
Item Barcode Author Authority
ISBN/ISSN Subject Keyword
LCCN Subject Authority
OCLC Series Authority
Dewey Call Number
YEAR 2
247,000
524,700
117,000
"9
3. RESPONSE TIME TABLES
Charges 2.0 seconds 5.0 seconds
Discharges 3.0 seconds 5.0 seconds
New Titles Added or Changed 4.0 seconds 8.0 seconds
New Items Added or Changed 4.0 seconds 8.0 seconds
New Patrons Added or Changed 4.0 seconds 8.0 seconds
Acquisitions Records Added or
Changed 4.0 seconds 8.0 seconds
Reserves Entered 3.0 seconds 8.0 seconds
Inter -Branch Loans 2.0 seconds 5.0 seconds
Fine Processing 3.0 seconds 6.0 seconds
Patron Queries 5.0 seconds 8.0 seconds
Exact Key Searches (Item Barcode, 2.0 seconds 4.0 seconds
Bibliographic ID Number)
Number or Indirect Searches 3.0 seconds 6.0 seconds
(LCCN, OCLC #, ISBN/ISSN)
Simple Catalog Searches 5.0 seconds 8.0 seconds
(List or Authority)
Complex Catalog Searches 10.0 seconds 20.0 seconds
(Boolean or Keyword)
Renewals 2.0 seconds 5.0 seconds
Response Time Between Types 3.0 seconds 5.0 seconds
. of Functions
10 •
RIDER F
TESTING PROCEDURES
A. HARDWARE FUNCTIONALITY TEST
The Hardware Functionality Test will be performed immediately
after installation of the computer HARDWARE sufficient to load The
City's data and commence initial on-site training. Library personnel
may be present at the test. Upon completion of this test, DYNIX shall
provide written notice that the test has been successfully completed.
This examination will include the following tests as a minimum:
(a) Central processing unit(s) diagnostic test.
(b) Memory unit(s) diagnostic test
(c) Disk storage/controller unit(s) diagnostic test.
[Including the writing of a disk file, the reading of a
disk file, and the erasure of a disk file.]
(d) Magnetic tape drive unit(s) diagnostic test.
[Including the writing of a file to tape, the reading
of a file from tape, and the erasure of a tape file.]
(e) Terminal unit(s) diagnostic test.
(f) Printer unit(s) diagnostic test.
(g) Telecommunications unit(s) diagnostic test.
(h) Power loss/failure test.
B. FUNCTIONAL ACCEPTANCE TEST
All functions in DYNIX's PROPOSAL shall be tested as soon as a
training database of at least 200 Corpus Christi bibliographic records
with associated items have been successfully loaded and DYNIX has
conducted the prerequisite training. All functions will be tested in
accordance with the user documentation provided by DYNIX. A
representative from The Library shall initial the space provided
beside each item to indicate that (s)he witnessed and accepted the
performance of that item.
C. SYSTEM RELIABLITY PERFORMANCE TEST
This test will be run in two phases, once for each hardware and
software delivery phase.
The SYSTEM is to be run in a normal operating environment for a
period of sixty (60) consecutive library work days, not calendar days,
with a performance reliability level of a least ninety-eight percent
(98%). Reliability shall be determined by deducting downtime from the
total number of hours the computer is in operation. Downtime is
defined as that period of time when it is not possible to perform
scheduled activities due: to equipment or software malfunction, the
system being released to DYNIX for remedial maintenance, or electrical
power failure. Downtime shall be calculated to the nearest one-tenth
hour and calculated as a percentage of the Library's total computer
operating hours.
The following table of coefficients shall be used to compute downtime
(In no case will the coefficient ever exceed 1.0 per hour):
Loss of critical hardware
- CPU
-Disk drives
- Central data communications unit
- Disk controller
- Operations console
1.0
Loss of major hardware 0.5 per device
- Peripheral data communications (multiplexor, modem)
-Tape drive
Loss of other hardware .10 per device
- Terminal
- System printer
-Optical scanning device
- Terminal printer
- Portable optical reader
Loss of critical function
- Charge
-Discharge
- Renewal
- Holds
- Public access catalog inquiry
- Patron file inquiry
- Item file inquiry
-Fine payment
- Cataloging data entry
-OCLC interface
- Bibliofile interface
Loss of noncritical function
- File updates
-Report generation
- Acquisitions functions
1.0 per function
0.5 per function
"12
During these tests, the response time in excess of stated
maximums in Rider E shall have a coefficient of 1.0 to be added to
downtime calculations.
D. FINAL ACCEPTANCE TEST
The Final Acceptance Test is run over several one hour periods,
at some time when the libraries are closed and the operating
environment can be controlled. During these hours, library staff
(using all currently installed terminals in all currently installed
locations) will process sufficient transactions to meet or exceed the
average transaction mix loads, and later the peak transaction mix
loads contained in Rider E.
The transaction mix will be tested and the response time
measured. The full range of functions listed in Rider G will be
tested including all types of transactions in the Year 5 Transaction
Level Tables contained in Rider E.
The Library shall provide terminal operators and people acting as
data recorders. The operators shall perform the terminal functions
and tally the number of transactions completed. The recorders will
clock and record the response time for each transaction at selected
terminals.
During the test ten (10) terminals will perform charge
transactions, three (3) terminals will perform discharge transactions,
two (2) terminals will perform acquisitions inputs/updates, three (3)
terminals will perform bibliographic inputs/updates, three (3)
terminals will perform item input/update transactions, four (4)
terminals will perform patron file inputs/updates, thirty-one (31)
terminals will perform simple searches (list or authority), and
sixteen (16) terminals will perform complex searches (boolean or
keyword).
Both DYNIX and the Library may provide inspectors to verify the
-accuracy of the activities of the operators and the recorders.
Prior to the commencement of the test, DYNIX shall provide, with
the assistance of the Library personnel, such training as shall be
necessary for the terminal operators and the recorders to perform the
activities herein described.
Response time shall be the interval of time between the moment
when the operator at a terminal completes the input of a command or
data by pushing the <return> key or by completing a label scan, as
applicable, and the commencement of meaningful response from the
terminal indicating either the result of the transaction or the
readiness of the terminal to accept further data or the next
transaction.
'13.
The duration of each test shall be one hour. All records and
logs made during the test shall be available for inspection by
representatives of DYNIX and the Library during and after the test.
At the end of the test, all records and logs are to be collected.
RIDER G
FUNCTIONAL ACCEPTANCE TEST
ITEM SPECIFIC INFORMATION
LIBRARY NAME
ADDRESS
CITY STATE ZIP
Authorized CITY Representative
.14
Authorized DYNIX Representative
The following test is designed to demonstrate the operation of the
DYNIX Item Specific Information Module. Representatives from the CITY
and from DYNIX should initial the space provided beside each function to
indicate that they have witnessed the satisfactory performance of the
function.
Functions which do not operate properly should be listed in the space
provided at the end of this document. DYNIX will then rectify each
failure and notify the CITY when the demonstration of the failed
function shall occur.
1. Each physical piece will have an item
record.
2. System can link item record to the
appropriate bibliographic record.
3. Changes to item records will not destroy
the link between the bibliographic and
item records.
4. System can create item records as part of
bibliographic record update.
5. System can create item level records
automatically from DYNIX specified
OCLC/MARC fields and subfields.
6. Item records will automatically link
to the appropriate bibliographic records
as they are loaded.
7. System allows for the addition of
item records through keyboard or scan
ning at the terminal.
Accepted Accepted
by CITY by DYNIX
8. System accepts up to 999 items linked
to a single bibliographic record and
allows for various locations of these items.
9. System distinguishes the item records
of each library branch.
10. System will allow and distinguish at least
99 collection codes, including,but not
limited to:
REF YA FILMSTRIP
TXREF JW REF MAP
CCTX JUV JUV RECORD
Geol.REF TAPE TX FILMSTRIP
LP JW TAPE CCTX MICROFICHE
11. System allows collection codes to
be changed, added, or deleted without
programmer intervention.
12. System allows for at least, but not
limited to, the following elements to
be found in the item record:
unique bar code or OCR #
acquisition date
acquisition price
Purchase order #
inventory date
date, volume, or issue #, if item is
part of a serial or monograph series.
call
branch library owning the item
collection code (Juv. Tape, Local History)
date charged out
loan period
date due
date renewed
last circulation date
cumulative circulation since acquisi
tion date
status:(one of the following)
on shelf
on in-house reserve
on hold '
missing
lost in circulation
claims returned
at bindery
in display case
15'
in storage
in mending
on order
on order - claimed
received
in processing
checked out
checked out - overdue
checked out - renewed
in transit
item to be shelved
13. The following information is maintained
by the system at the title level:
# of outstanding hold requests
resettable use count by branch
cumulative use count by branch
. 16
'I7
We , the undersigned, representing DYNIX, and the CITY OF CORPUS CHRISTI,
respectively, represent and witness that we have performed together the
preceding system functional demonstration and that all functions operate
according to the standards of this document except. as noted below.
Variances to the preceding functional demonstration:
Function No.
Functional Description
Remarks
CITY OF CORPUS CHRISTI Representative
DYNIX Representative
Date
RIDER G
LIBRARY NAME
ADDRESS
' 18
FUNCTIONAL ACCEPTANCE TEST
CIRCULATION CONTROL
CITY STATE ZIP
Authorized CITY Representative
Authorized DYNIX Representative
The following test is designed to demonstrate the operation of the
DYNIX Circulation Control Application. Representatives from the CITY
and from DYNIX should initial the space provided beside each function to
indicate that they have witnessed the satisfactory performance of the
function.
Functions which do not operate properly should be listed in the space
provided at the end of this document. DYNIX will then rectify each
failure and notify the CITY when the demonstration of the failed
function shall occur.
CHARGE
1. System permits easy access to and from
the various functions within the
circulation subsystem.
2. System can employ a light pen or laser
scanner for item or patron barcode entries.
3. Keyboard to be used for barcode
entry.
4. Patron barcode numbers have check digits.
5. Check digits are used to verify data
entered.
6. System utilizes check digits on
patron and item barcode labels.
7. System alerts with audible and/or
visual signals if the entry is in
correct or incomplete.
8. System detects restricted borrowers and
issues audible and/or visual alarm.
Accepted Accepted
by CITY by DYNIX
9. System displays online,in detail reason
for restriction.
10. System allows only approved operators to
override patron blocks.
11. System allows informational alerts to be
attached to a patron record for a CCPL
defined purpose.
12. System charges and/or transfers material
to special statuses i.e. bindery, Inter
library Loan and show status of the item in
online catalog.
13. Outstanding Holds can be overridden.
14. System alerts operator if item being
charged is already charged out and will
provide for discharge of item and clears
of any delinquency based on previous charge
condition.
15. System "times out" after a library defined
interval of seconds to prevent items being
charged to a previous patron.
16. System alerts with audible and/or visual
alert if patron is not on file.
17. System allows full or minimal registra
tion within the charge function.
18. Patrons can check out materials on first
visit.
19. System charges multiple items on a single
patron validation.
20. System provides audible and/or visual
alert if patron has more than a specified
number of items checked out.
21. System has the ability to override block
on check-outs for excessive materials.
22. System provides audible and/or visual
alert if item being charged is in any non
standard status.(missing, lost in circulation,
in transit,belongs to another library)
23. System allows statuses to be overridden
by an authorized operator.
'15.
24. System alerts with audible and/or visual
alert if item is not on file.
25. System allows use of temporary record
to permit circulation of item.
26. System automatically alerts operator on
material with a temporary record to be
sent to technical services for a complete
record.
27. Date due is automatically calculated and
displayed on the screen.
28. System alerts with a visual signal if loan
period of item is non-standard.
29. Authorized operator is able to change
loan period via keyboard.
30. System alerts operator if item is non
circulating.
31. System allows loan periods of any length
of time to be adjusted without programmer
intervention.
32. Each branch shall be able to input calendar of
exception dates when no items will be due
or fines charged without programmer inter
vention.
33. Each branch shall be able to to input calendar
retroactively when no fines shall be charged.
34. System provides method of circulating.
other libraries' materials when obtained
through Interlibrary Loan.
35. System updates files for materials and
patrons immediately after each transaction.
36. System automatically changes status of an
overdue item to "missing" after a CCPL
specified period and post the amount of the
lost item on the patron record.
37. System can renew an item on loan via light
pen, laser scanner or keyboard.
38. Renewals do not require machine readable
data, data can be obtained by search of
patron record by name or ID number.
. 20
39. System provides for renewal at any branch
library regardless of where materials were
charged.
40. System allows renewal without the presence
of the patron or the item.
41. System automatically calculates new due
date.
42. System blocks renewal if item is on hold
or in-house reserve.
43. System blocks renewal if borrower is
delinquent.
44. System allows CCPL to be able to set
or change number of renewals without program
mer intervention.
45. System alerts operator if patron has
exceeded the CCPL defined limit on
renewals.
46. System allows all renewal blocks to be
overridden by authorized operator.
47. System allows files for materials and
patrons to be updated immediately after
each renewal transaction.
DISCHARGE
48. System allows discharge of materials to
disassociate the patron and the item if all
delinquencies are cleared.
49. System does not leave a record of the
patron's reading habits.
50. System discharges materials via light
pen,laser scanner, or keyboard.
51. System provides audible and/or visual signal
if entry is incomplete or incorrect.
52. System prevents operator from continuing
renewal procedure until signal is
acknowledged.
53. System alerts operator of non-
standard condition in the renewal with
an audible and/ or visual signal which
must be acknowledged before continuing.
23
54. System prompts operator as to the action
to be taken for non-standard conditions,
such as transit holds,lost books, and in
complete cataloging.
55. System alerts operator if a hold exists
on the item being discharged.
56. System displays the patron for whom the
item is being held.
57. System displays the pickup location for
the item being held.
58. System alerts operator if item belongs
to another library.
59. System identifies the library for routings
and automatically changes the item's status
to "in transit.
60. System identifies any discharged item which
has a temporary record.
61. System alerts operator to send the item to
Technical Services, as described in # 61.
62. System alerts operator if item being
discharged has any outstanding status attached,
i.e.,lost or claimed returned, and will auto
matically update files for both materials and
patrons.
63. System changes status of discharged item
to read "item to be shelved" which will auto-
matically change to "on shelf" after CCPL
specified time period without a programmer.
HOLDS -
64. System reserves desired items for re-
questing patron.
65. Reserves remain in hold status until
item is charged out to requesting patron,
or until library defined expiration date
is reached.
66. System allows an authorized staff
operator to place a hold on any title for
routing to any location within the
CCPL system.
72•
67. System allows staff to scan patron ID
number or keying patron number or name
for placing a hold.
68. System automatically verifies patron,
and blocks if necessary.
69. System allows CCPL to set maximum
number of holds per patron.
70. System allows hold blocks to be
overridden.
71. System allows a hold on any copy
of a title owned by CCPL or any
copy owned by branch.
72. System allows a hold on a specific
copy owned by the CCPL.
73. System prioritizes holds by the date
and time the hold is entered.
74. System allows authorized operator
to cancel holds.
75. Authorized operator is able to retrieve
hold information by patron or title and
determine patron's position in hold queue.
76. System allows authorized operator to
modify the order of holds queue.
77. System shows the number of outstanding holds
against a title indicating any copy specific.
78. System allows a CCPL defined threshold
for a purchase alert based on the number of
holds.
79. System traps any requested item at dis-
charge at any terminal connected to the
system.
80. Authorized staff can display the name, address,
telephone number, pickup location of reserving
patron.
81. If pickup location is different from trapping
location, item is automatically placed "in
transit" status until discharged at pickup
location, where it will be placed in "hold"
status.
23
82. Reserving patron and pickup location informa-
tion remains available for consultation
while in transit and on hold, until item is
charged to the patron,or until hold pickup
expires.
83. System generates hold notices for those patrons
who prefer to be notified by mail.
84. System allows holds to be placed on items
which are on order.
85. System automatically cancels holds based
upon cancellation date supplied by patron and
or according to CCPL defined parameters.
86. System produces hold cancellation
notice giving reason for cancellation.
87. System allows hold files to be checked at
charge so that only the appropriate borrower
will charge the item: This function will be
able to be overridden.
88. System allows up to 999 borrowers in a
hold queue for a single title.
89. Items which are missing, lost, cancelled or
checked -out overdue for a CCPL defined
period of time, will be considered
unavailable for hold request.
90. Holds automatically cancel when all copies
are unavailable as defined above.
91. Hold cancellation notice are produced for
the patron giving reason for cancellation,
and produces a list of all holds cancelled.
92. Files for materials and patrons are
updated immediately after each transaction.
93. CCPL will be able to define the number of
days items will remain on hold shelf before
item appears on a shelf clearance report.
FINES AND FEES
94. System allows CCPL to assigned fine rates
based on item category and patron type.
95. System allows a CCPL defined grace period
before fines accrue.
'24
96. System automatically calculates any fines
due and posts any unpaid amounts to patron's
record.
97. System allows CCPL to exempt certain
categories of borrowers from fines and fees.
98. CCPL is able to set a maximum amount
of fines and fees due (including lost book
charges and processing fees) before a patron
is blocked.
99. Authorized operator is able to process
and/ or clear all fines and fees for a
single item with one operation.
100. System is able to record full and
partial payments of a fine or fee against
a borrower's account.
101. System retains dates, amounts paid, and
outstanding balance until all fines and fees
have been cleared.
102. System can issue a receipt for payment on
printer attached to the terminal.
103. System maintains a file of all monies
taken each day by branch.
104. Authorized operator is able to assess a
fine or fee and place it on a patron's
record.
105. System provides a field for inputting
reason for the assessment.
106. CCPL is able to set a maximum fine
_due per item.
107. System automatically adds to patron's
record, after a CCPL specified period
of time, the price of the item (taken from
item record) plus a CCPL specified process-
ing fee. System will give grand total of
all monies owed.
108. If an item which has been billed as a lost
item is returned to CCPL, the system
automatically cancels the lost item
bill and status and will assess an a over
due fine without operator intervention.
'25
NOTICES
109 CCPL is able to set parameters
and alter without programmer intervention:
a. number and frequency of notices
b. rates of fines
c. grace days
e. delinquency thresholds
110 System generates the following notices:
a. overdue notices
b. bills for lost items, including
processing fee, all taken from
item record.
c. overdue fine notices
d. billing notices for damaged items
e. billing notices for fees
f. hold notices
g. hold cancellation notices
111. Overdue notices will include at least the
following information:
a. name, address, phone the lending library
b. item number
c. title
d. call number
e. due date
f. date of notice
g. total amount due for items previously billed
h. name, address delinquent borrower
i. borrower barcode number
112. A single notice summarizes all overdue items
charged to a patron regardless of previous
notification.
113. All notices are produced on postcard and/
or preprinted mailers; preprinted mailers will
not require folding and stuffing into envelopes.
114. System produces a bill for item's replace-
ment cost based on item record or default
value set by CCPL.
115. System can reprint a run of bills, notices,
etc, prior to next Day End.
116. CCPL can modify message text of all notices and
print each type of notice without
programmer intervention.
117. Unpaid balance for fine and fees will be in-
cluded on all patron notices as a separate
line item.
'26
118. All notices can be printed in order by
digit patron zipcode.
PATRON DELINQUENCY TRAPPING
119. System automatically declares a patron
delinquent if certain thresholds are crossed,
as defined by CCPL.
a. certain number of overdue items
b. total dollar amount in fines or fees
c. expired, stolen or lost library card
d. number and type of items already
charged out
e. number of items claimed returned and
not located, searches made and length
of lapse time
f. damaged or lost items
g. mail returned for incorrect address (set
manually)
120. Delinquent borrower's card will be blocked at
any transaction.
121. Delinquent patrons will be blocked at all ter
minals in all branches in the system.
122. System displays and produces with standard reports
or RECALL printout listing all details of a
borrower's delinquency. It will include:
a. call # of delinquent items
b. author and title of delinquent items
c. payments made
d. outstanding balance
e. returned dates and due dates
f. damaged or lost items and cost
g. charge for fee-based services
h. location(s) returned
i. .call #, author and title of all items
currently charged out
123. Authorized operator can override a block
and allow transaction.
124. System will not purge a patron record if there
is a delinquency attached.
125. Delinquency records will remain in the patron
data file for a CCPL defined period of time.
CIRCULATION: REPORTS AND STATISTICS
126. Reports and statistics will be printed as
desired in a batch mode.
•27
127 System provides reports and statistics sub-
divided by branch location, by collection
code, and by patron type.
128 System provides a daily transaction report
by branch including number of items charged,
items discharged, fines and fees collected,
holds placed, number of patrons checking
books out, and number of patron cards issued.
129 Monthly and annual cumulations will be avail-
able on demand.
130 System provides reports of items long
overdue, available on demand or at established
intervals.
131. System has the ability to provide circulation
statistics by hour basis for staffing
purposes.
132. All statistical reports can compare:
a. current month to previous month
b. current month to same month of previous
year
c. current year to date (no comparison)
d. current year to date to previous year
to date
133. All statistical reports give percentages
of gains or losses.
134. System provides a shelf clearance report,
giving name of next patron in holds queue.
135. System provides reports on items unavail-
able to fill holds.
136.- System provides purchase alert report
based on numbers of unfilled holds.
137. System provides new patron record statistics.
138. System provides system diagnostic reports.
139. System provides lists of items in unusual
status (missing, in transit) after a
specified period of time, in shelf list
order, by branch.
. 28
140. System provides with standard reports or RECALL
statistics and reports (allowing CCPL to select
timing of production) for the number of:
a. items check out
b. holds on file
c. fine notices
d. lost book notices
e. renewals
f. overdue notices
g. patrons with material currently charged
out
h. items lost in circulation
i. patron records on file
j. total fines plus fees outstanding (in-
cluding lost item charges and
processing fees)
k. circulations within a library specified
Dewey range
141. System provides on demand reports on special item
status and categories, i.e., at bindery,
missing, etc.
PATRON DATABASE AND MAINTENANCE FUNCTION
142. The system provides a file of patron informa-
tion, maintaining at least the following
information on each patron in variable
length fields:
a. Name
b. Address
street, city, county,state and 5 digit
zip with default to specified city,
county and state
c. Alternate or previous address
d. Area code and phone #
e. Parent/guardian name
.Includes fields for address and phone
# if different from child.
_f. School/employer
Includes fields for.address and phone #
g. Birth date or alternate ID number
h. Patron type (at least 20 patron types)
i. Expiration date (automatic)
j. Date of last use•(automatic)
k. Fee paid
1. Contract
Variable field for audio visual and
other contracts
m. Type of card
New
Replacement for lost card
Replacement for stolen card
Replacement for damaged card
29
n. Statistical
age
sex
geographic location (zip)
two additional library defined fields
o. Branch in which patron registers.(auto-
matic)
143. CCPL staff can input, update, and purge
(on last activity date) this file based on
library defined parameters.
144. The patron maintenance function can be
accessed directly and through the circulation
function.
145. System provides online access to the
patron record by:
a. patron ID number
b. patron name
146. Authorized operators are able to display the
entire patron record for consultation and
maintenance.
147. Authorized operators are able to modify field
in the patron record and store without editing
the whole record.
148. Authorized operators are able to display the
following information for each item on loan
or on hold and for each fine charged to the
patron:
On Loan
a. ID #, title, date checked out
On Hold
b. .ID #, title
c. date hold was placed/date hold expires,
- d. date originally charged out, date due and
date returned, where item was charged and
returned
Fine Charge
d. barcode #, title,date returned,date due
and where returned
e. each fine and billing amount, and
the reason for each charge
f. each payment made and date of payment
g. number of claims returned
149. Patron record can be updated immediately with
each transaction.
30'
150. System allows authorized operator to
delete individual patron records, if there
are not items or fines or fees associated
with that record.
151. System allows purging of patron records
meeting non use criteria selected by the
library.
152. System allows purging based on date of latest
use or expiration date.
153. System has the ability to print mailing labels
for all patrons, patrons in various
statistical categories or for patrons by
location.
154. System can provide a printed statistical
report on the number of patrons currently
registered by:
a. patron status and type
b. issuing branch
c. zip code
d. statistical category
155. Authorized operator can renew expired card by
a simple procedure without issuing a new ID
number.
156. System can maintain a file of or zipcodes
which are acceptable for residence re
quirements and operator can be notified if
zipcode entered does not match.
157. Operator is notified if name, or ID number
matches a previously registered patron.
158. System notifies operator if date of last use
exceeds library specified time limit and
demands verification of patron information.
.31
'32•
We , the undersigned, representing DYNIX, and the CITY OF CORPUS CHRISTI,
respectively, represent and witness that we have performed together the
preceding system functional demonstration and that all functions operate
according to the standards of this document except•as noted below.
Variances to the preceding functional demonstration:
Function No.
Functional Description
Remarks
CITY OF CORPUS CHRISTI Representative
DYNIX Representative
Date
LIBRARY NAME
ADDRESS
.33
RIDER G
FUNCTIONAL ACCEPTANCE TEST
PUBLIC ACCESS CATALOG
CITY STATE ZIP
Authorized CITY Representative
Authorized DYNIX Representative
The following test is designed to demonstrate the operation of the the
DYNIX Public Access Catalog module. Representatives for the CITY and from
DYNIX should initial the space provided beside each function to indicate
that they have witnessed the satisfactory performance of the function.
Functions which do not operate properly should be listed in the space
provided at the end of this document. DYNIX will then rectify each
failure and notify the CITY when the demonstration of the failed
function shall occur.
PUBLIC ACCESS CATALOG
1. A title which is known by the library to have
been properly input will be searched through
all of the appropriate indexes.
2. Retrieve brief record, as defined by CCPL,
containing at least author, title, date, call
number, and linked to item status.
3. Retrieve full record, as defined by CCPL,
and linked to item status.
4. .Retrieve complete MARC record with all tags,
subfields, and indicators, and linked to
item status.
5. Retrieve a record using ISBN, ISSN, LCCN.
6. Retrieve records using title qualified by
author.
7. Retrieve record using subject authority
search.
8. Retrieve record using subject keyword
search.
9. Retrieve record using at least 4 search
terms and Boolean "and" and "or".
Accepted Accepted
by CITY by DYNIX
10. Retrieve records using call number index,
demonstrating automatic right truncation,
and displaying results in numerical order.
11. Display automatic right truncation in
an author search.
12. Display implicit right truncation in a
subject authority search; displays explicit
right truncation in a subject keyword search.
13. Demonstrate that the system will forgive
spacing and case, i.e. a search for
"Nonprint Materials" will give the
same results as a search for "non -print
materials".
14. If encountering a negative search, system
will direct user to try alternative
forms for the entry or to seek a
librarian's help.
15. Demonstrate that the system, upon
reaching the hit threshold, will give
suggestions to the user directing him how to
narrow the search.
16. Demonstrate correct filing and retrieval
of titles for author index and subject indexes.
17. Demonstrate that there is no filing or
retrieval problem with indexes such as:
Los Angeles; Le Carre, John;
and It.
18. Display cross-reference information ("see"
and '+see also") for both author and
subject inquiries.
19. Demonstrate that bibliographic
records are linked to the cross
references so that user does not
need to rekey the request.
20. In all indexes, display holdings and
status information for a particular
location,(e.g. Parkdale branch)
showing option to view holdings
and status for all locations.
21. Demonstrate that item -specific information
displaying in the OPAC includes:
branch library owning the item
collection code (juv., tape, etc.)
item specific call no.
34•
date and/or volume no. if item is part
of a monograph in series
status (on shelf, missing, etc.)
CATALOGING SUBSYSTEM AND OCLC INTERFACE
22. Add a MARC record to the database.
23. Retrieve the record by several of the
indexed fields, e.g., author, title,
subject, LCCN, ISBN.
24. Edit the record in the following ways:
a. Insert a variable field
b. Delete a variable field
c. Add a subfield to a variable field
d. Delete some data within a
variable field
e. Change a fixed field code
Be sure that at least some of the
editing changes affect the indexed
fields.
25. Retrieve the edited record by several of
the indexed fields, including those
that were changed.
26. Add an item record to the database.
27. Add multiple item records to a selected
title, using different agency codes.
28. Retrieve one of the items just added.
29. Delete the item.
30. Search for the item and confirm that
-it is no longer in the database.
31. Retrieve a workform for each of the non -
monograph formats.
32. Edit the content a format workform.
33. Store it in the save file.
34. Create an item record for an AV biblio
graphic record with multiple pieces,
e.g. tape plus book combination.
35. Delete a MARC record.
36. Attempt to retrieve it by several of
the indexed fields to confirm that
it is no longer in the database.
•3.5-
date
.d
37. Demonstrate that deletion of a
bibliographic record will not be
allowed if an item record remains
attached to it.
38. Demonstrate that authority control is
employed by entering a known non -
authorized author name and subject
term.
39. Create "see" and "see also" cross
references.
40. Demonstrate automatic "de -blinding"
of cross-references.
41. Select a "help" message and change it
without programmer intervention.
42. Merge two duplicate title records,
carrying all of the attached item
information from both records into
the merged record.
43. Search for the merged record to
be sure the merging was done
correctly.
44. Merge duplicate non -serial records, one of
which is in full MARC format and one of
which is pseudo-MARC,such as in an
"on the fly" created record, carrying all
attached item information from both
records into the merged record.
45. Search for the merged record to
be sure the merging was done correctly.
46. Change the information in an item
record.
47. Demonstrate a global change in both
a name and a subject heading.
48. Demonstrate that, after such global
change, all affected bibliographic
records can be properly searched.
USING THE OCLC INTERFACE
49. Send a different title record through
each'of the OCLC terminals.
•36
50. At a DYNIX terminal, place an inquiry
on those titles.
51. Overlay an existing record with a
"matching" record through the
interface (for example, in order to
add 505 field information).
52. Retrieve the record by the newly
indexed fields.
53. Send a record with multiple OCLC screens
through the interface.
54. Retrieve that record.
USING THE BIBLIOFILE INTERFACE
54.- 60. Repeat steps listed under
"using the OCLC interface".
•
37
38
We , the undersigned, representing DYNIX, and the CITY OF CORPUS CHRISTI,
respectively, represent and witness that we have performed together the
preceding system functional demonstration and that all functions operate
according to the standards of this document except•as noted below.
Variances to the preceding functional demonstration:
Function No.
Functional Description
Remarks
CITY OF CORPUS CHRISTI Representative
DYNIX Representative
Date
RIDER G
FUNCTIONAL ACCEPTANCE TEST
ACQUISITIONS
LIBRARY NAME
ADDRESS
CITY STATE ZIP
Authorized CITY Representative
.39'
Authorized DYNIX Representative
The following test is designed to demonstrate the operation of the the
DYNIX Acquisitions module. Representatives for the CITY and from DYNIX
should initial the space provided beside each function to indicate that
they have witnessed the satisfactory performance of the function.
Functions which do not operate properly should be listed in the space
provided at the end of this document. DYNIX will then rectify each
failure and notify the CITY when the demonstration of the failed
function shall occur.
1. Register a Vendor, demonstrating that the
record contains at least name, address, tele
phone number, library account number(s),
library -specified claims and cancellations
cycle, average length of time to receive
materials, number of orders placed, number of
orders received, fill rate, number of claims
placed, average discount, and cross-references
between vendor and distributors, vendor and
subsidiaries, and variations in vendor's name.
2. Register a Publisher.
3. Create a fund, demonstrating that the record
will contain at least 11 fields, for identi
fication code, name, dept. code, activity
code, object code, library branch, collection
within the library, amount budgeted, amount
encumbered, amount expended, and free balance.
4. Place an order for two separate, new items,
using workform.
Accepted Accepted
by CITY by DYNIX
5. Demonstrate that an acquisitions record
includes at least author, title, edition,
publisher, date of publication, series, OCLC
number, ISBN or ISSN number, LCCN, •
govt. document number, call number (if
duplicate), material type, PO number, order
date, status of order, number of copies, locations
ordering the item, list price, encumbered price,
discount percentage, shipping and handling charges,
net price, vendor name or code, type of order
(direct, etc.), date received, invoice number,
claims cycle, claims date, rush order indicator,
hold request indicator, fund charged, notes
field and status.
6. Demonstrate that the system can distinguish
deposit account orders, standing orders, sale
items, etc.
7. Demonstrate that fund account balances are
automatically adjusted as items are ordered,
received, and/or cancelled.
8. Demonstrate that the operator is automatically
notified if an attempt is made to encumber more
money than is available in a fund account.
9. Place an order for two separate, new items,
downloading information from optical disk,
if optical disk technology is available at
CCPL.
10. Make a change in one of those orders, without
having to rekey the rest of the fields.
11. Place an order for two separate, replacement
items, downloading bibliographic information
from the database.
12. Cancel the first PO.
13. Demonstrate that acquisitions records can
be accessed by the same indexes as in
the OPAC plus PO number, invoice number,
and vendor name or code.
14. Record receipt of items.
15. Claim a missing item.
16. Produce a purchase alert
17. Produce a "tracking card" to enclose in
item for use during cataloging and
processing.
40
18. Produce a routing slip.
19. Produce a cancellation notice for an
item which was cancelled with a
hold request attached.
20. Produce a cancellations list
21. Produce two "on order" lists, one
for adult orders and one for juveniles.
22. Add monies to a fund, demonstrating
that only an authorized operator
can access and change a fund.
23. Demonstrate that there is a password
level at which a fund account can
be accessed but not changed.
24. Demonstrate that acquisitions records,
both for a new item and for an added copy
of an item previously cataloged,
display in the OPAC when the status is
"on order" but not when the status is
"cancelled".
25. Demonstrate that holds can be placed
on acquisitions records through the
circulation function and the catalogers
will be notified that the hold requests
are there (in order for them to rush
the item).
'41.
42•
We , the undersigned, representing DYNIX, and the CITY OF CORPUS CHRISTI,
respectively, represent and witness that we have performed together the
preceding system functional demonstration and that all functions operate
according to the standards of this document except'as noted below.
Variances to the preceding functional demonstration:
Function No.
Functional Description
Remarks
CITY OF CORPUS CHRISTI Representative
DYNIX Representative
Date
Dynix Automated Library Systems
April 18, 1987
Ms. Gloria Garcia
Systems Librarian
Corpus Christi Public Library
505 North Mesquite Street
Corpus Christi, Texas 78401
Dear Gloria:
As per your request, here are clarifications regarding our
response to your Request For Proposals, which can be
considered official and binding on Dynix.
1) The fixed -base laser scanners which Dynix has made
available to its clients has a purchase price of $2,075
and a monthly maintenance charge of $15.
2) The Wyse 50 and Dynix Public Access Catalog terminals
(based on the Wyse 30) are both available with amber
display screens (Wyse 50+ and Wyse 30+) at the same
purchase price as those included in our response (5480
and $570, respectively).
3) The barcode labels with 'tails" about which we talked
are available in a number of different configurations.
Please see the document entitled "Bar Code Information
Chart," enclosed, for examples and pricing.
4) At the prices noted in our response, the Library can
indeed choose to employ either of the OCLC interfaces
Dynix currently supports. Please see the document
entitled "DYNIX INTERFACES - Pricing," enclosed.
Our telecommunications people are still in contact with Ms.
Williams at Southwestern Bell. I will keep you informed of
their progress.
Let me know when you plan the trip to Ramsey, okay? I'll
talk with you again soon.
With warmest wishes,
Arthur L. Brady
Automation SpecValist
ALB/ba
enclosures
•
DYN:Y INTERFACES - Pricing
Type of Software Installation* Annual** Other
Interface COR• as plaint
Hardware
OCLC/RLIN 4,000 B00 350, IBM-PC
ONLINE
OCLC M300* 4,000 500 300
DISKETTE
WLN 4,000 500 300
DISKETTE
MARCIVE 4,000 500 350 IBM -P
OVERNIGHT 2 DISKETTES
BIBLIOFILE 4,000 400 300 BIBLIOFILE
.__.LC s_=.CM=aC.= ..... _=====P.=RDFARE
* Installation cost listed here is valid only when the
interface is installed at initial DYNIX installation.
Installation fee at other times must be negotiated.
** Annual maintenance covers only software and special
hardware (ie. internal modems for Marcive, Zentec boards for
OCLC online interface), and NOT the IBM PC. We expect the
library will purchase local hardware support for PC's if
desired.
NOTES:
1- In most cases, multiple copies of the same type of
interface at one location do not have an extra software
charge.
2- If two branches of a library (or two libraries sharing a
system) each have their own interfaces, in different
locations, then they would be purchased, installed, and
maintained individually.
3- If two interfaces of different types are in operation at
one location, then the library would pay normal price for
each interface.
4- If a library decides to change the type of interface they
have (ie. switch from OCLC online to M300 diskette, or from
Narcive to Bibliofile), we consider the software an exchange.
They would need to purchase any needed equipment for the new
interface, but pay no 54,000 software charge. Installation
and training prices would be negotiated.
*
DYNIX Prices/07 JAN 1g87 PAGE 7
nix
Automated Librarysystems
2 x 5/8
I!I!I`!I!,� 1 1311111 I
'3.'3.01'4 00003 138
2x1 DOUBLE
11H1filf(H !II
3 1'27'104008 602
3 1277 04038 602
2 x 3/4
11111' 1 I 1 I;J!i1•)@111
FJI0017101921++3
2 x5/8 DOUBLE
LI ST1J Cdr
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S ]61c rMe raiz
1111.1 I111111.11
3 3610 00468 4482
Bar Code Information Chart
Single Bar Code
Style: 2 X 5/8
Price: $24/1000
Minimum Order: 24,000
Double Bar Code
Style: 2 X 1 Double
Price: S37/1900
Minimum Order: 15,000
Custom Single Bar Code
(requires tape input)
Style: 2 X 3/4
Price: S46/1000
Minimum Order: 20,000
Custom Double Bar Code
(requires tape input)
Style: 2 X 5/6 Double
Price: $65/1000
Minimum Order: 24,000
Lamination: hny size Bar Code can be laminated at a 05.00
per 1000 charge.
Minimum Order: Any Library can order less than the minimum
order. Boweoer, unless otherwise specified, the order
will be held at DXNIX until it can be combined with
other orders, (from other libraries) to reach the
minimum. (If you prefer, your order can be sent in
immediately, without waiting to combine it with
others, but there will be a S600.00 setup charge
added.)
MAINTENANCE AGREEMENT
This MAINTENANCE AGREEMENT is made as of ' , at
by and between the City of Corpus Christi, a
municipal corporation with home rule powers (the "City"),
and DYNIX, Inc., a Utah corporation ("DYNIX").
WHEREAS by an INTEGRATED LIBRARY SYSTEM AGREEMENT dated
, 1987 with DYNIX (the "PURCHASE
AGREEMENT"), the City purchased pursuant to the terms
thereto certain equipment, software, services, and license
(sometimes collectively referred to herein as the "SYSTEM")
for the corpus Christi Public Library;
WHEREAS the City desires to contract with DYNIX to provide
certain maintenance services pursuant to the terms and
conditions provided herein;
NOW, THEREFORE, IN CONSIDERATION of the mutual benefits to
be derived from this Agreement, and the representations,
warranties, covenants and conditions hereinafter set forth,
the City and DYNIX agree as follows.
1. CONTRACT DOCUMENTS
The contract documents shall consist of:
A. -The City's REQUEST FOR PROPOSALS dated
November, 1986;
B. DYNIX's PROPOSAL dated January 27, 1987 (the
"PROPOSAL");
C. The INTEGRATED LIBRARY SYSTEM AGREEMENT dated
, 1987 also referred to
herein as the PURCHASE AGREEMENT; and
D. This MAINTENANCE AGREEMENT, including the
following Rider attached hereto:
Rider A: Maintenance Rates for Central Site
EQUIPMENT
Page 2
Rider B: Maintenance Rates for SOFTWARE
Rider C: Maintenance Rates for Terminals and
Peripheral Equipment
2. PROVISION FOR MAINTENANCE SERVICES
DYNIX agrees to furnish as specified herein,
services to maintain the EQUIPMENT and SOFTWARE
(sometimes collectively referred to herein as the
"SYSTEM") and the City hereby purchases mainte-
nance service for the SYSTEM upon the terms and
conditions set forth herein. The SYSTEM shall
include all items on RIDER B and RIDER C of the
PURCHASE AGREEMENT between the parties dated
3. TERMS
This Agreement shall commence upon expiration of
DYNIX's extended warranties as described in
Sections 15A, 15C and 19 of the PURCHASE AGREEMENT
and shall continue for a period of five (5) years.
DYNIX agrees to supply replacement parts at no
additional cost for a period of five (5) years or
for as long as this MAINTENANCE AGREEMENT is in
effect. This MAINTENANCE AGREEMENT may be
terminated by the City with or without cause upon
ninety (90) days written notice provided to DYNIX
by the City. This MAINTENANCE AGREEMENT shall
automatically be extended for one (1) year after
the initial five (5) year period unless the City
notifies DYNIX in writing, that the automatic
extension is not desired. At that time, the
contract shall expire.
4. MAINTENANCE DURING WARRANTY PERIOD
DYNIX will supply all preventive and remedial
maintenance for the SYSTEM without cost to the
City during the period covered by the warranty
under the PURCHASE AGREEMENT. DYNIX will extend
this cost-free maintenance beyond warranty, for a
period of time equal to the amount of downtime in
excess of two (2) percent of down time which
occurred during the PURCHASE AGREEMENT warranty
period.
Page 3 •
5. MAINTENANCE AFTER EXPIRATION OF WARRANTY
DYNIX agrees to supply complete maintenance
including full preventive and remedial maintenance
for both EQUIPMENT and SOFTWARE.
6. SUBCONTRACTING
DYNIX hereby accepts full responsibility for the
obligations outlined by this Agreement. With the
prior written approval of the City, DYNIX may
subcontract some or all of the performance of its
duties provided for herein. Nothing in this
paragraph shall be interpreted as authorizing the
assignment of this Agreement by DYNIX.
7. PREVENTIVE MAINTENANCE
DYNIX shall provide annual preventive maintenance
visits to the central library. Preventive
maintenance shall be performed at a time mutually
satisfactory to DYNIX and the City. DYNIX shall
specify to the City the number of hours required
per visit and the types of preventive maintenance
to be performed. The frequency and schedule of
preventive maintenance may be modified by mutual
agreement.
8. DIAGNOSIS OF PROBLEMS
DYNIX shall maintain technical personnel stationed
at its Provo, Utah facility for purpose of provid-
ing a telephone customer service to report
problems and discuss questions about operations.
For diagnosis of problems, DYNIX technical person-
nel shall have the capability to dial the
City's CPU directly. DYNIX shall use its best
efforts to respond to all calls within two (2)
hours.
9. MAINTENANCE RESPONSIBILITIES
A. Equipment Maintenance
(1) Unscheduled on-site remedial maintenance
shall be performed after notification
that EQUIPMENT is inoperative or mal-
Page 4 •
functioning. DYNIX shall provide the
City with a designated point of contact
and shall make arrangements to enable
maintenance personnel to receive such
notification.
(2) Unscheduled on-site remedial maintenance
shall be provided during the Principal
Period of Maintenance (PPM) as follows:
8:00 a.m. - 6:00 p.m. Central time,
Monday - Friday
Extended coverage outside of PPM is
available as follows:
Period Premium
8:00 p.m. -midnight, weekdays 30%
24 hour coverage, weekdays 50%
Weekends, up to 10 consecutive
hours 10% per
day
Weekends, over 10 consecutive
hours 20% per
day
24 hours, 7 days a week 90%
The City may, at its option, change or
extend the hours of maintenance cover-
age.
(3) Holidays excluded from unscheduled
on-site remedial maintenance service
include:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve (1/2 day)
Christmas, Day
(4) Maintenance personnel will furnish a
malfunction incident report to the City
upon completion of each unscheduled
on-site remedial maintenance call. The
report shall include, as a minimum, the
following:
Page 5 .
(a) Date and time of notification to
DYNIX
(b) Date and time of arrival of
maintenance persofinel;
(c) Type and serial number(s) of
equipment serviced:
(d) Time spent for repairs;
(e) Description of malfunction;
(f) List of parts replaced
(5) All parts necessary for unscheduled
on-site remedial maintenance shall be
furnished at no additional charge to the
City, on an exchange basis. Only new
parts or refurbished like new parts
shall be used.
B. Licensed SOFTWARE Maintenance
(1) DYNIX will provide all corrections,
minor enhancements, releases, or up-
grades to the SOFTWARE at no additional
charge to the City. Such corrections,
minor enhancements, releases, or up-
grades shall be provided with all
appropriate documentation for successful
installation and implementation.
(2) DYNIX shall provide corrections to the
SOFTWARE at no additional cost to the
City for any error, malfunction, or
defect which causes the SOFTWARE to fail
to perform in accordance with functional
specifications contractually guaranteed
by DYNIX.
(3) Unscheduled SOFTWARE maintenance and
Library Consultation shall be provided
at the following hours:
8 a.m. - 10 p.m. Central time, Monday -
Thursday; 8 a.m. - 6 p.m. Central time,
Friday.
Holidays excluded from unscheduled
SOFTWARE maintenance and Library Consul-
tation service include:
Page 6 •
New Year's Day
President's Day
Easter
Memorial Day
Independence Day
Pioneers' Day (July 24)
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Day (1/2 day)
Christmas Day
(4) DYNIX shall provide assistance for
emergency problems at all other hours,
including weekends and holidays.
Emergency assistance is limited to work
in correcting problems which prevent
successful operation of major required
functions.
(5) DYNIX shall have no obligations to
provide assistance in correcting errors
or problems arising in connection with
any modifications or alterations to the
SOFTWARE which has been made by or on
behalf of the City without DYNIX's
express written consent.
C. Maintenance on Terminals and Peripheral
Devices
(1) Items covered are detailed in Rider C.
(2) Maintenance as required by this section
will run for a period of two years.
Maintenance may be discontinued on
specific pieces of equipment at the
option of the City. Maintenance may be
terminated on the anniversary of the
contract by the City.
(3) Monthly charges for maintenance are
billed quarterly. All maintenance
charges for all equipment will be
prorated as needed to maintain the same
anniversary.
(4) When a piece equipment malfunctions, the
City contacts DYNIX for a "Return
Materials Authorization" (RMA#)• The
City then ships the equipment to a
DYNIX-designated repair center. The
item is repaired and returned to the
City at DYNIX's expense.
Page 7 •
(5) The City may, at its option, request a
replacement unit for the item in repair.
When a unit is sent to the City it
becomes the property of the City. The
repaired item is instead returned to
DYNIX. Charges outlined in Rider C are
billed to the City with the next regular
invoice. Express delivery may also be
requested and billed with the next
quarterly invoice.
(6) Equipment abused, physically or other-
wise, is not covered by the maintenance
contract.
(7) At the end of each year the total amount
paid to DYNIX for maintenance is reduced
by the charge for all repairs. DYNIX
credits the City with sixty (60) percent
of the balance. Charges for spares and
express shipping are not included in the
reduction.
(8) At the City's option the remaining
credit may be used for any equipment
purchases from DYNIX any time within
three (3) years after the close of the
maintenance year.
(9) In the event the repair charges for a
given year exceed the amount of mainten-
ance paid, the City shall receive no
maintenance credit for year. No addi-
tional maintenance costs shall be
assessed, nor will credits held from
previous years (if any) be reduced.
(10) If maintenance on peripherals is allowed
to lapse, or if the City wishes to cover
used equipment not previously covered,
DYNIX may assess a one time charge equal
to the "repair debit" before accepting
items for coverage.
(11) Maintenance charges begin one year after
the SYSTEM Reliability Tests have been
completed.
Page 8 •
10. OBLIGATIONS OF DYNIX
DYNIX shall use its best efforts to respond to all
calls within two (2) hours and must resolve all
problems relating to EQUIPMENT, with the exception
of problems relating to all EQUIPMENT which
appears on Rider C of this MAINTENANCE AGREEMENT,
and must resolve all problems relating to SOFTWARE
which result in the loss of critical function(s)
as listed in Rider F, Section C of the PURCHASE
AGREEMENT by the end of the next day covered by
the Principal Periods of Maintenance (PPM). The
City may, at its option, require unscheduled
on-site remedial maintenance outside the PPM and
DYNIR would be required to respond by the end of
the next day. DYNIX shall pay the City liquidated
damages as outlined in Section 13F if problems are
not resolved as per above.
11. CONDITIONS OF DYNIX'S OBLIGATIONS
All maintenance services of any nature rendered by
DYNIX hereunder shall be limited to the SYSTEM and
shall be contingent upon the City's proper use of
the SYSTEM in the applications for which the
SYSTEM was intended.
12. OBLIGATIONS OF THE CITY
A. The City shall be responsible for the
day-to-day operations of the SYSTEM,
including such tasks as back-ups and
report handling.
B. The City shall provide DYNIX full and
free access to each item of EQUIPMENT to
allow DYNIX to provide maintenance
service thereon. A suitable place in
which to perform such service shall be
made available to DYNIX. The City shall
provide DYNIX all access to the SYSTEM
which DYNIX believes necessary or
desirable for the performance of any
unscheduled on-site remedial maintenance
services. A designated representative
of the City shall be available in the
building whenever DYNIX personnel are
present.
C. The City shall be responsible for
environmental conditions, including
space, heat, light, ventilation, cool-
ing, electrical power, current and
grounding, and the like. The City shall
maintain such conditions as designated
by DYNIX in order for the SYSTEM to be
maintained properly hereunder.
Page• 9' ,
D. The City shall not perform, nor attempt
to perform, or cause to be performed,
maintenance or repair to the EQUIPMENT
or licensed SOFTWARE covered hereunder
during the term of this MAINTENANCE
AGREEMENT except with the prior written
or oral approval of DYNIX.
E. The City shall be responsible for
procuring and maintaining (1) a tele-
phone within operational reach of the
central equipment, (2) a modem accommo-
dating 1200 baud, and (3) a separate
phone line attached to a dedicated port
for DYNIX to use in dial-up diagnostics
and maintenance. The cost of procuring
and maintaining this line in good
operating condition shall be borne by
the City. This modem shall be for the
exclusive use of DYNIX.
F. The City shall provide and maintain
appropriate logs and records of
day-to-day operation.
13. CHARGES AND LIQUIDATED DAMAGES
A. The City has the option to pay the
maintenance charges monthly, quarterly,
or annually.
B. Charges for on-site remedial maintenance
provided other than during the hours of
contracted maintenance, i.e, outside the
Principal Period of Maintenance (PPM),
or for other services which are not
included in the monthly maintenance
charges are due and payable thirty (30)
days after the date of invoice.
C. There shall be no additional maintenance
charge for:
(1) Unscheduled on-site maintenance
begun during the contracted hours
of maintenance.
(2) Travel expenses or per diem ex-
penses.
Page' 10
(3) Time spent by maintenance personnel
after arrival at the site awaiting
the arrival of additional mainten-
ance personnel and/or delivery of
parts, tools, or other required
material after a service call has
commenced.
(4) Unscheduled on-site remedial
maintenance required during or
outside the Principal Period of
Maintenance (PPM) when the
scheduled preventive maintenance
preceding the malfunction has not
been performed.
(5) Unless otherwise specified herein,
cost of transportation, rigging and
drayage whenever EQUIPMENT is
shipped for remedying mechanical
problems unless the replacement was
due solely to a cause specified as
a City responsibility.
D. Following the first two (2) years this
Agreement is in effect and every year there-
after, at the option of DYNIX, all charges
for EQUIPMENT and SOFTWARE maintenance
hereunder may be increased by the lesser of
ten (10) percent or the nationally recognized
percentage increase in the cost of living as
defined by the U.S. Bureau of Labor
Statistics, provided that written notice of
the increase shall be made in July to be
effective in January of the next calendar
year.
E. The City shall be entitled, at its option, to
contract directly with a provider for the
services specified herein. In the event the
City exercises its option the monthly payment
to DYNIX shall be reduced by the cost of the
service to DYNIX and the ten (10) percent
surcharge. The exercise of this option shall
not constitute a termination of this Agree-
ment so long as the City chooses to have
DYNIX supply any maintenance services.
F. Liquidated damages shall be assessed on a
two-tier level as'follows:
Page 11.
Tier 1) For each day the problem relating
to EQUIPMENT and SOFTWARE as
outlined in Section 10 of this
Agreement remains unresolved beyond
the day by which the problem is
required to have been resolved as
outlined in Section 10 of this
Agreement, five (5) percent of the
total monthly charges including
EQUIPMENT and SOFTWARE charges,
shall be assessed by the City. The
damages shall be subtracted from
the total monthly charges due
DYNIX.
Tier 2) The SYSTEM is required to perform
at ninety-eight (98) percent
uptime throughout the five-year (5)
period of this Agreement. Liquid-
ated damages shall be assessed for
downtime exceeding two (2) percent.
If during any quarter the downtime
exceeds two (2) percent, the City
shall assess damages of ten (10)
percent of the total quarterly
charges paid to DYNIX, including
EQUIPMENT and SOFTWARE charges,
less monthly damages, for each
percent of downtime above the two
(2) percent limit.
14. SEVERABILITY
If any provision of this Agreement shall be held
to be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the
remaining provisions shall not in any way be
affected or impaired.
15. INDEMNIFICATION
DYNIX hereby agrees to, and shall hold the City,
its elective and appointive boards, officers,
agents, and employees (the "INDEMNITEES"), harm-
less from any liability for damages or claims for
damage for bodily injury including death, and from
claims for property damage which may arise from
DYNIX's or any subcontractors' operations under
this Agreement, whether such operations by DYNIX
or any subcontractor, or subcon-
Page 1'2, •
tractors, or by any one or more persons
directly or indirectly employed by, or acting
as agent for, DYNIX or any subcontractor or
subcontractors. DYNIX agrees to, and shall,
defend the INDEMNITEES from any suits or
actions at law or in equity for damages
caused, or alleged to have been caused, by
reason of any of the aforesaid operations.
16. INSURANCE
DYNIX shall secure at DYNIX's expense and keep in
effect until the work is accomplished under this
Agreement a Comprehensive General Liability policy
covering bodily injury and property damage and to
include endorsements for Contractual Liability for
all contracts involving the work under this
Agreement and an endorsement for Completed
Operations from an insurance company acceptable to
the City. Coverage limits shall be not less than
$100,000 per person for bodily injury or death,
$300,000 per occurrence for bodily injury or
death, and $50,000 per occurrence for property
damage.
DYNIX shall provide Workers' Compensation coverage
in accordance with state and federal regulations.
Before activities can begin under this Agreement a
Certificate of Insurance as proof of the required
insurance coverages must be sent to Mr. Herbert G.
Canales, Director of Libraries, Corpus Christi Public
Libraries, 805 Comanche, Corpus Christi, Texas 78401.
Additionally, the Certificate must state that the City
will be given at least thirty (30) days notice of
cancellation, material change in the coverages, or
intent not to renew any of the policies. The City may
also ask for copies of the insurance policies.
Insurance carried by DYNIX under this Agreement is
primary coverage in the case of loss or damage.
17. INDEPENDENT CONTRACTOR
DYNIX shall perform the services hereunder as an
independent contractor and shall furnish such
services in its own manner and method, and under
no circumstances or conditions shall any agent,
servant, or employee of DYNIX be considered as an
employee of the City.
Page 13,
18. NON -ASSIGNABILITY
No assignment of this Agreement or any right or
interest therein by DYNIX shall'be effective
unless the City shall first give its written
consent to such assignment, which assignment may
be withheld by the discretion of the City on any
ground whatsoever. The performance of this
Agreement by DYNIX and the City is of the essence
of this Agreement.
19. GOVERNING LAW
The Agreement shall be subject to all laws of the
Federal Government of the United States of America
and to the laws of the State of Texas. All duties
of either party shall be legally performable in
City of Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this
contract shall be the law of (and all actions
hereunder shall be brought in) the State of Texas
and the form and venue for such disputes shall be
of the appropriate district, county, or justice
court in and for Nueces County, Texas.
20. Non -Appropriation of Funds
This Agreement shall commence upon the day first
provided herein and continue in full force and
effect until termination in accordance with its
provisions. All parties will recognize that the
continuation of any contract after the close of
any fiscal year of the City of Corpus Christi,
which fiscal year ends on July 31 of each year,
shall be subject to budget approval providing for
or covering such contract item as an expenditure
in said budget. The City does not represent that
said budget item will be actually adopted, said
determination being the determination of the City
Council of the City of Corpus Christi at the time
of the adoption of the budget herein. Liquidated
damages shall not be assessed by the City in the
event this provision shall be exercised and
DYNIX's failure to perform under this Agreement is
the direct result of the City's determination of
budget approval.
Page 14,
21. MODIFICATION OF AGREEMENT
The rights and obligations hereunder may not be
changed, modified, or waived exdept by an instru-
ment in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties herto have executed
this Agreement effective for all purposes as of July 1,
1987.
ATTEST: CITY OF CORPUS CHRISTI
"City"
By By
Armando Chapa, City Secretary Craig A. McDowell, City Manager
Approved this day of_, 1987
By HAL GEORGE, City Attorney
By
Assistant City Attorney
DYNIX, Inc.
"DYNIX"
By
, its
Rider A: Maintenance Rates for Central Site Equipment
Rider B: Maintenance Rates for Software •
Rider C: Maintenance Rates on Terminals and Peripheral Equipment
RIDER A
MAINTENANCE RATES FOR CENTRAL SITE EQUIPMENT
COMPONENT ANNUAL MAINTENANCE
PHASE I
1 ULTIMATE 6800 Computer System
Includes:
PICK Operating System
Ultimate 7X co -Processor
4K Words Cache Memory
Honeywell Model 70 I/O Processor
1 MB EDAC Main Memory
20 Solt Megabus
Full Control Panel
5 1/4" Diagnotistic Diskette Drive
Disk Drive Controller (max 4 drives)
Tape Drive Controller (max 2 drives)
Parallel Printer Controller
Dual 60" System Cabinets
30 amp, 208 VAC Power Dist. Unit
Battery Backup Unit
Power Conditioning Unit
2 515 MB Fixed Media Disk Drive
1 6250/1600 bpi 75 ips Tape Drive
3 16 -Port Serial I/O Controller
1 Printronix 300 LPM Printer
PHASE II
1 Ultimate 6800 System Upgrade
includes:
1 MB EDAC Main Memory (2MB total)
$6,853.00
3,972.00
2,489.00
3,070.00
2,496.00
915.00
2 16 -Port Serial I/O Controller 2,051.00
RIDER B
MAINTENANCE RATES FOR SOFTWARE
COMPONENT ANNUAL MAINTENANCE
PHASE I
1 Cataloging Module $2,257.00
1 Circulation Module 1,464.00
1 Acquisitions Module 1,866.00
1 Bibliofile Interface Module 449.00
1 OCLC Interface Module 449.00
4 Branch Software Support 1,027.00
PHASE II
1 Public Access Catalog Module 972.00
RIDER C
MAINTENANCE RATES ON TERMINALS AND PERIPHERAL EQUIPMENT
60/40
REPAIR REPLACEMENT MONTHLY MONTHLY
EQUIPMENT DEBIT UNIT CHARGE UNITS TOTAL
CRT $130 $55 8 73 $584.00
Modem $115 60 4 11 44.00
Multiplexer $290 varies 15 8 120.00
Light Pen 95 125 4 11 44.00
Laser Reader $315 200 15 10 150.00
Screen Printers $105 60 6 24 144.00
Portable Units $315 200 15 0 0
Label Printers $105 60 6 2 12.00
CITY OF CORPUS CHRtST.I, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
6-8-87
I certify to the City Council that $ 550,000.00 , the amount required for'
the contract, agreement, obligation or expenditures contemplated in the above
and.foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund N. and Name 111 Trust Fund
Project No. 111-000-243.51-000 (Central Library Building)
Project NameAutomated Library System And(RPlared-Services-`•
from which it is proposed to be drawn, and such Honey is not appropriated for any
other purpose.
2‘0 036.?/
FIN 2-55
Revised 7/31/69
19 t7
Corpus Christi, Texas
oi3ML day of
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
99.066.01
1981,0
, 1987