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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 .. Page 2 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 r.e e-., r e.—«.c. R o. en, On item 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