HomeMy WebLinkAboutC-2660 - Integrated Library System, Library AutomationCITY&OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR Q
FROM: CITY CLERK
DATE: July 20, 1987
SUBJECT: Contract No. C -2660, C- 2660(A), and C- 2660(B)
Description of Contract (1) Agreement for an Integrated Library
System, (2) Maintenance Agreement, and (3) Personal Services
Agreement
Effective date of Contract July 13, 1987
Authorized by Minute Action, approved on July 13, 1
Contract with DYNIX. Inc.
Address 1455 West 820 North
Provo. Utah 84601
Amount of Contract (See Agreement)
6e 64e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
:i
r •
CITY OF NEWPORT BEACH
July 17, 1987
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
DYNIX, Inc.
1455 West 820 North
Provo, Utah 84601
To whom it may concern:
Enclosed please find (1) Agreement between the Newport Beach Public Library
and DYNIX, Inc. for an Integrated Library System, (2) Maintenance Agreement
between the Newport Beach Public Library and DYNIX, Inc. and (3) Personal
Services. Agreement, which were approved by the City Council of Newport Beach
on July 13, 1987.
If you have any questions, please contact La Donna Kienitz, City Librarian,
at 644 - 3180.
Sincerely, y�
Z ?'GZ C.�I41?G
Wanda E. Raggio Q (/
City Clerk
WER:pm
3300 Newport Boulevard, Newport Beach
0 0
NEWPORT BEACH PUBLIC LIBRARY
856 SAN CLEMENTE DRIVE a NEWPORT BEACH, CA 92660 a (714) 6443177
July 13, 1987
T0: City Clerk
FROM: LaDonna Kienitz, City Librarian
RE: Distribution List for DYNIX, Inc. Contracts
1. Agreement Between the Newport Beach Public Library
and DYNIX, Inc. for an Integrated Library System.
2. Maintenance Agreement Between the Newport Beach
Public Library and DYNIX, Inc.
3. Personal Services Agreement.
Distribution:
Original Contracts with Signatures.
1. City Attorney
2. City Clerk
3. DYNIX, Inc.
1455 West 820 North
Provo, Utah 84601
Copies to:
1.
Library Department
- 7
copies
2.
Finance Department
- 1
copy
3.
Purchasing
- 1
copy
BRANCH LIBRARIES
BALBOA BRANCH
CORONA DEL MAR BRANCH
MARINERS BRANCH NEWPORT CENTER BRANCH
100 E. Balboa Blvd.
420 Marigold Ave.
2005 Dover Dr. 856 San Clemente Dr.
Balboa, CA 92661
Corona Del Mar, CA 92625
Newport Beach, CA 92660 Newport Beach, CA 92660
644- 3171
644- 3135
644- 3145 644 -3191
July 9, 1987
NEVOORT BEACH PAPLIC LIBRARY
856 SAN CLEMENTE DRIVE a NEWPORT BEACH, CA 92660 a (714) 644.3177
To: Wanda Raggio, City Clerk 1
From: LaDonna Kienitz, City Librarian 7�� ✓� "
Re: Original Executed Contract Documents
Please find enclosed three (3) original executed documents of each
of the following contracts:
1. Agreement Between the Newport Beach Public Library
and DYNIX, Inc. for an Integrated Library System,
including Riders A through I.
2. Maintenance Agreement Between the Newport Beach Public Library
and DYNIX, Inc., including Riders A, B, and C.
3. Personal Services Agreement.
Each contract has been signed by the Vendor and the Library Board
Chairman. Signature pages have been indicated with clips.
A copy of the Distribution List is also enclosed.
BRANCH LIBRARIES
BALBOA BRANCH
CORONA DEL MAR BRANCH
MARINERS BRANCH NEWPORT CENTER BRANCH
100 E. Balboa Blvd.
420 Marigold Ave.
2005 Dover Dr. 856 San Clemente Dr.
Balboa, CA 92661
Comm Del Mar, CA 92625
Newport Beach, CA 92660 Newport Beach, CA 92660
644- 3171
644- 3135
644- 3145 644 -3191
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUL 13 1987
APPROVED
Ytez
FROM:
i 0
AGENDA ITEM NO.�, )
CITY OF NEWPORT BEACH
LIBRARY DEPARTMENT
July 13, 1987
The Honorable Mayor and Members of the City Council
Board of Library Trustees
AGENDA ITEM: Consent Calendar
SUBJECT: AUTOMATION CONTRACTS
Items Submitted For: Approval
Recommendation: The Board of Library Trustees recommends
that the City council approve and execute the following
Automation Contracts:
(1) Agreement Between the Newport Beach Public
Library and DYNIX, Inc. for an Integrated
Library System in the amount of $427,220.00.
(2) Maintenance Agreement Between the Newport
Beach Public Library and DYNIX, Inc.
(3) Personal Services Agreement
Background:
The Newport Beach Public Library prepared and distributed, on
December 18, 1987, a "Request for Proposal for an Automated
Library System for the Newport Beach Public Library." The
deadline for responses was February 6, 1987. Eleven complete
proposals were received.
The Library Automation Committee, utilizing a predetermined
list of criteria, evaluated these proposals in a deliberate
manner. The evaluation process included a multi -level screening
of the original proposals; two days of on -site demonstrations by
five of the proposing vendors; ranking of the respective
proposals, vis -a -vis, the various functions provided by the
proposed systems; final selection of the vendor whose proposal
best meets the needs of the Newport Beach Public Library.
(),)
The Honorable Mayor and Members of the City Council
July 13, 1987
Page Two
The Library Automation Committee recommended to the Board of
Library Trustees that DYNIX, Inc, be selected to provide an
Integrated Automation System for the Newport Beach Public
Library. The Board of Library Trustees voted unanimously, at
their meeting on April 21, 1987, to select DYNIX, Inc.
The three contract documents provide for (1) the original
purchase and installation of the system and staff training;
(2) the ongoing maintenance of the system, both hardware and
software; and (3) an Interim Project Manager to direct the
project on -site until the position of Library Service Manager
is filled.
The Board of Library Trustees voted unanimous approval of
the final drafts of the three related contracts at a special
meeting on June 24, 1987.
The office of the City Attorney has approved the three contracts
with DYNIX, Inc., listed above.
The total Library Automation Project will include other
associated equipment purchases, minor building remodeling,
data reconversion cost, etc., as well as California sales tax
on the hardware portion of the primary contract. All of these
costs will be included within the original Automation budget
appropriation of $699,600.
G -2- t,
AGREEMENT BETWEEN THE NEWPORT BEACH PUBLIC LIBRARY AND
DYNIX, INC. FOR AN INTEGRATED LIBRARY SYSTEM
This Agreement is made as of July 13, 1ledt Newport Beach, California
by and between The Newport Beach Public Library (hereinafter referred to as "The
Library"), having its offices at 856 San Clemente Drive, Newport Beach, CA 92660
and DYNIY, Inc. (hereinafter referred to as "DYNIX '), a Utah corporation
having its offices at 1455 West 820 North, Provo, Utah 94601. The term "DYNDC'
shall refer to the company, its agents, and its sub - contractors.
RECITALS
A. On February 51987, DYNIX responded to a Request for Proposal for an
Automated Library System for The Newport Beach Public Library ( "the
RFP "), proposing to provide certain equipment, software, and services to
The Library. Said Request for Proposals and DYNIX's responses
(hereinafter collectively referred to as the PROPOSAL) are on file in the
office of the Library Director.
B. The Library now desires to contract with DYNIX to obtain the EQUIPMENT
and the services, and to license the SOFTWARE described in the
PROPOSAL, and DYNIX desires to contract with The Library to provide the
EQUIPMENT and the services, and license the SOFTWARE described in
the PROPOSAL.
C. In consideration of the mutual covenants, promises, and undertakings
contained herein, the parties agree as follows:
AGREEMENT
1. Furnishing of EQUIPMENT and SOFTWARE
Subject to the terms and conditions set forth herein, DYNIX shall furnish
and install at a site(s) designated by The Library in the City of Newport
Beach and sell to The Library the EQUIPMENT listed on Rider B
(collectively the "EQUIPMENT ") and the services listed on Rider D, and
grant a license for use of the computer programs and related
documentation listed on Rider C, pursuant to the schedule of activities set
forth on Rider A and in compliance with DYNDCs PROPOSAL dated
February 5, 1987 and all of the contract documents. The contract price does
not include supplies. Supplies used by The Library shall conform to
DYNDCs specifications or equivalent as set forth in DYNDCs manual.
The Library hereby agrees to purchase the EQUIPMENT listed on Rider B
-1 -
0 0
hereto (collectively referred to herein as 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 Library, The Library
reserves the right to examine and acquire the new EQUIPMENT at the
announced price. DYNIX will inform The Library of any new product
within ten (10) calendar days of such announcement and The Library will
have thirty (30) days to inform DYNIX that it wishes to acquire the new
product.
The Library hereby agrees to purchase a license for the use of the computer
programs and related documentation listed on Rider C hereto (collectively
referred to herein as the "SOFTWARE "), at the price specified on Rider C.
The EQUIPMENT and SOFTWARE are sometimes collectively referred to
herein as the "SYSTEM ".
The Library hereby agrees to purchase the DYNIX services listed on Rider D
at the prices specified in Rider D.
3. Contract Documents
The Contract Documents shall consist of:
A. The Library's REQUEST FOR PROPOSALS dated December 18,1986;
B. DYNIX's PROPOSAL dated February 5,1987, consisting of the
PROPOSAL and Supporting Documents (the "PROPOSAL ");
C. DYNIX response to requests for additional information and clarification
from The Library, dated March 16,1987 (the "Clarifications ");
D. This Agreement, including the following Riders attached hereto:
RIDER A:
Estimated Schedule for Activities
RIDER B:
EQUIPMENT to be Purchased
RIDER C:
SOFTWARE to be Licensed
RIDER D:
DYNIX Services to be Purchased
RIDER E:
Performance Standards
RIDER F:
Testing Procedures
RIDER G:
Functional Acceptance Tests
RIDER H:
Additional Functions to be Provided
RIDER I:
Software Escrow Agreement
RIDER J:
Ultimate Operating System License Agreement
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 in the obligations pursuant to the above documents, control
-2 -
•
shall be determined in the following order:
1. This Agreement
2. The Clarifications
3. DYNIX Proposal
4. The RFP
The failure of this Agreement to include reference to any matter contained
in any other Contract Document shall not be deemed to constitute a waiver
of such matter.
The Library 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 Library a set of site requirements
specific to the configuration described in Rider B within the time outlined in
Schedule A. 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 Library for any cost
incurred by The Library in making such alteration or modification.
The Library 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 the installation of the EQUIPMENT and to
notify The Library in writing of exceptions as to DYNIX's site specifications.
rime•u
A. Transportation
1. All shipping and insurance to and from the site are the responsibility
of DYNIX, with costs to be paid by The Library as listed on Rider D.
2. Shipments to the installation site(s) shall be made by commercial
carrier and/or vehicle properly constructed for shipment of electronic
and computer EQUIPMENT.
3. All central site EQUIPMENT shall be delivered inside the computer
room at the Newport Beach Public Library. All peripheral
EQUIPMENT shall be shipped to the same location or to alternate
locations within the City of Newport Beach as designated by a letter
from The Library at least 45 days prior to the delivery dates in Rider
A.
-3 -
•
•
4. EQUIPMENT shall be preserved, packed, and marked in accordance
with DYNDCs standard practice.
5. DYNDt shall bear the cost of transportation whenever the
EQUIPMENT is shipped for warranty or performance replacement
purposes, unless the replacement was due to the fault or negligence
of The Library, and for all temporary substitute products.
6. 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 fault or negligence of
The Library.
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 the EQUIPMENT
to the power sources which are installed by The Library pursuant to
Paragraph 4 above. DYNDt's proceeding with the installation shall
constitute DYNIX's acceptance of the site preparation and
certification that the site meets all DYNDt specifications at the time
of installation.
Installation shall be performed during normal business hours, and
The Library 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 Library. Where applicable,
DYNDK shall connect the appropriate EQUIPMENT to telephone
company and/or The Library 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 Library and the Hardware Functionality Test
outlined in Rider F has been successfully completed, DYNIX shall
certify in writing to The Library that the SYSTEM is installed and
ready for use.
C. Relocation
Following prior written notice by The Library to DYNIX, The Library
• •
may move or relocate all or any part of the EQUIPMENT from one
location to another location within the City of Newport Beach.
DYNIX shall supervise the de- installation, packing, unpacking,
relocation, and re- installation of any EQUIPMENT relocated
hereunder. All EQUIPMENT so relocated shall be packed and
transported in accordance with DYNIX's then - current standards
therefor. Responsibilities of The Library and DYNIX for relocation
site preparation are those stated in Section 4 hereof.
DYNDf 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 installation
shall be removed by DYNIX at no additional cost to The Library.
Installation shall be performed during normal business hours, and
The Library shall make all 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.
When DYNIX determines that the SYSTEM is ready for use, that is,
the Computer Room EQUIPMENT and SOFTWARE have been
re- installed at site(s) specified by The Library and the Hardware
Functionality Test outlined in Rider F has been successfully
completed, DYNIX shall certify in writing to The Library that the
SYSTEM is installed and ready for use.
The Library shall pay for DYNIX's service in connection with
relocation at DYNIX's then- published rates thereof.
Notwithstanding any of these provisions, The Library may relocate
any terminals, lightpens, 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
DYNIX assumes responsibility for all risks of loss or damage to the
EQUIPMENT furnished under this Agreement until the delivery of the
EQUIPMENT inside the computer room at the Newport Beach Public
Library, after which The Library will be responsible for risks of loss or
damage, except for such periods as DYNIX is in the process of installing the
SYSTEM.
-5 -
8. Title
Title to the EQUIPMENT shall pass from DYNIX to The Library upon
delivery of the EQUIPMENT inside the computer room at The Library.
A. General
Subject to the terms and conditions herein set forth, DYNIX hereby
grants to The Library a non - transferable, non - exclusive and royalty -free
license (the "LICENSE ") for as long as The Library owns and operates
the SYSTEM to use the SOFTWARE, as well as any additions and/or
supplements thereto, solely in the conduct of The Library's business.
The foregoing shall not be construed to preclude The Library's
accomplishing services for other libraries or groups of libraries. The
Library acknowledges by virtue of this LICENSE, The Library 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 and shall remain in force as long as The Library is
substantially in compliance with all the provisions of this Agreement.
B. Protection of Proprietary SOFTWARE
The Library agrees that the SOFTWARE, together with all materials and
knowledge related thereto obtained by The Library, 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 Library or consultants or
contractors retained by or responsible to The Library to the extent that
such disclosure is reasonably necessary to The Library's use of the
SOFTWARE authorized hereunder, without the express written consent
of DYNIX. The Library 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 an agreement or agreements whereby they
recognize, accept, and agree to observe the protection agreements
afforded to DYNIX by this paragraph.
C. Right to Copy
The Library 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. DYNDC hereby expressly authorizes The Library to copy
SOFTWARE for its own use, solely for archive or emergency restart
purposes or to replace worn copy.
D. Materials Developed by DYNDC or The Library
The Library agrees that all training and procedural materials developed
by DYNIX in conjunction with the SOFTWARE shall be the property of
DYNDC. The Library further agrees that additions and supplements to
the SOFTWARE which may be developed for The Library through the
reimbursed or unreimbursed efforts of DYNDC employees or agents,
whether or not in conjunction with The Library's employees or agents,
shall be the exclusive property of DYNDC. All training and procedural
materials developed by The Library acting without DYNDC shall be the
exclusive property of The Library.
E. Proprietary Rights
DYNDC retains for itself, and The Library acknowledges that DYNDC 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 DYNDC.
F. SOFTWARE Availability
Copies of the licensed SOFTWARE in machine- readable source code,
along with necessary documentation for maintaining or modifying the
licensed SOFTWARE have been deposited with Software Escrow Security
of Malden, MA under an Escrow Agreement for Software Program
Source Code and Other Materials ( "Escrow Agreement") as set forth in
Rider I of this Agreement. DYNIX shall maintain in good force for the
duration of this Agreement the Escrow Agreement and will not, without
thirty days prior notice, cancel or modify said Escrow Agreement.
Access to materials in escrow is available to The Library in the event:
All or any part of the SOFTWARE is generally made available by
DYNDC to other similarly situated libraries under similar terms
and conditions; or
2. DYNDC ceases for any reason to do business; or
3. DYNDC fails to maintain the SOFTWARE adequately pursuant to
-7 -
•
•
this Agreement following not less than thirty (30) days' prior written
notice from The Library; or
4. The commission by DYNDf of any act of bankruptcy within the
meaning of the Federal Bankruptcy Act or if bankruptcy,
receivership, insolvency, reorganization, dissolution, liquidation or
other similar proceedings shall be instituted by or against DYNIX
or all or any substantial part of its property under any federal or
state law and, if against DYNIX, such proceedings are not
dismissed.
CODI, the DYNIX Users' Group is, for purposes of the Escrow
Agreement Section 5, a User through which The Library, as a CODI
member in good standing, shall be able to make request for the materials
in escrow. In addition, The Library is, by paying an annual fee, eligible
to request escrow materials independent of CODI.
G. Ownership of Data
All bibliographic, item, fine, patron, and other records entered into the
database of The Library or supplied to DYNIX by The Library are and
shall remain the sole property of The Library. DYNIX shall not, without
The Library's written consent, copy or use such records, except to carry
out contracted 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 Library upon completion of the work
hereunder. The Library shall have the right, without the consent of
DYNIX, to extract as The Library's property such data using standard
DYNIX utilities including MARC output formats at no cost to The
Library. DYNIX agrees to assist The Library, if requested, in making
such extracts at DYNIX's then - published rates.
DYNIX will (1) assume the defense of any suit brought against The Library
for infringement of any United States patent or copyright arising from the
use and/or sale of the EQUIPMENT or SOFTWARE under this Agreement,
(2) defray the expense of such defense, and (3) indemnify The Library
against any monetary damages and/or costs awarded in such suit; provided
(1) that DYNIX is given sole and exclusive control of all negotiations relative
to the settlement thereof, but that the DYNIX agrees to consult with The
Library's attorney during such defense or negotiations, (2) that the liability
claimed shall have arisen solely because of DYNIX's selection as to the
design or composition of the SOFTWARE or the EQUIPMENT and the
SOFTWARE or the EQUIPMENT is used by The Library in the form, state or
condition as delivered by DYNIX, (3) that The Library shall have
substantially performed all of its obligations under this Agreement, and (4)
that The Library provides DYNIX with written notice within ten (10) days of
any claim with respect to which The Library asserts that DYNIX assumes
responsibility under this Article.
11. TraininE
DYNIX shall provide without additional charge training sessions on the
operations and use of the SYSTEM for The Library's personnel as set forth
in DYNDCs PROPOSAL and RIDER D of this Agreement at times and
locations to be agreed upon by DYNIX and The Library. Any additional
training required by The Library shall be provided by DYNIX at DYNIX's
prevailing rate for such services. Any additional training required as a
result of EQUIPMENT and/or SOFTWARE upgrades to the SYSTEM
purchased under this Agreement will be provided as determined by DYNIX
and The Library. Nothing in this Agreement shall be construed to obligate
The Library to purchase any additional training or periodic review sessions.
The Library reserves the right to videotape DYNI)cs training sessions for
later re -use within The Library.
12. Documentation
Complete documentation as defined in this Paragraph shall be delivered to
The Library upon shipment of EQUIPMENT.
All documentation shall be amended to indicate any changes in
HARDWARE and SOFTWARE made after the SYSTEM is certified ready for
use and all such documentation shall be delivered to The Library in proper
form prior to final payment.
DYNIX agrees to provide The Library, without additional charge:
A. Two (2) copies of the DYNIX Users Reference Manual which describes
the system functions, including such topics as security, file
descriptions, file maintenance, searching, cataloging features,
circulation features, and reports.
B. Two (2) copies of all updates to the Users Reference Manual due to fixes
and/or enhancements to the SOFTWARE licensed by The Library which
have been generally distributed by DYNIX.
C. Appropriate user documentation for all EQUIPMENT, including at
least one (1) copy of each of the manuals for each type of EQUIPMENT
but five (5) copies for each type of peripheral EQUIPMENT utilized at
branch sites.
• •
D. One (1) set of manuals for the computer that describes such activities as
system boots, file saves, tape loading, and proper handling of the
HARDWARE.
E. The Hardware Preinstallation Guide that provides information on
physical preparations necessary for proper EQUIPMENT installation.
F. The, Software Preinstallation Guide that provides information on
library- defined variables and parameters.
G. Five (5) Training Guides including an overview and worksheets for use
during onsite training sessions.
All revisions to documentation and manuals must be supplied by DYNIX at
no additional cost, so long as a maintenance agreement is in effect between
The Library and DYNIX.
DYNIX grants to The Library the right to copy or otherwise reproduce for
training or other internal uses portions of DYNDf- produced documentation
and manuals furnished pursuant to this provision at no additional charge
provided that DYNIX's statement of copyright be included on each copy.
13. Maintenance Aereemen
DYNIX and The Library shall enter into an agreement for maintenance of
the SYSTEM described herein, covering parts, labor and travel expenses for
corrective and preventive maintenance. Replacement parts for the
EQUIPMENT shall be available for a period of at least five (5) years from the
date of successful completion of the Final Acceptance Test.
14. Functional Acceptance Test
A. All functions in DYNIX's PROPOSAL shall be tested in accordance with
Rider G within thirty (30) days of completion of SYSTEM installation,
initial onsite training, and loading of The Library's database.
The Library shall notify DYNIX in writing when the 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 Library 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 Library fails to schedule performance of this Functional
- 10-
Acceptance Test within the allotted time, provided that DYNIX has
conducted the prerequisite training, the tests 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 of this Functional Acceptance Test is not
attained, The Library shall have the right to terminate this Agreement
or to continue the test. If, not withstanding its right under this
subparagraph to terminate the test, The Library has permitted the test to
be continued, such permission by The Library shall not constitute an
abrogation of its right or a waiver of its right to terminate this
Agreement; and such right shall remain in effect until such time as
either a successful completion of the test is accomplished, or The Library
formally terminates the Agreement by notice to DYNIX. Upon such
termination, DYNIX shall refund to The Library all payments made to
DYNIX under this Agreement and The Library shall return all
SOFTWARE and Equipment to DYNIX at DYNIX's expense.
15. SYSTEM Reliability Performance Test - Pilot Operation
A. Upon successful completion of the Hardware Functionality Test outlined
in Rider F, the SYSTEM Reliability Performance Test as outlined in
Rider F shall commence. Maintenance charges will not begin until
thirty (30) days after successful completion of the Hardware
Functionality Test.
DYNIX must successfully complete the SYSTEM Reliability
Performance Test within 180 calendar days of commencement of testing.
If the test fails within this period, The Library will automatically re -start
the test after the problem has been resolved.
B. The Library may, at its option, stop and resume the test, and such time
during which the test was stopped at The Library's option shall count
neither as downtime nor as part of the successful 60 day performance
period nor as part of the 180 day total test period. In no event shall such
interruption (s) of the test extend beyond a total of five (5) days per test.
The Library shall notify DYNIX in advance of stops and resumption of
testing.
C. The Library shall notify DYNIX in writing when the SYSTEM Reliability
Performance Test is completed.
D. If The Library fails to commence performance of the SYSTEM Reliability
Performance Test upon successful completion of the Hardware
- 11-
• •
Functionality Test, provided that DYNIX has conducted the pre - requisite
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.
E. If successful completion of the SYSTEM Reliability Performance Test is
not attained within 180 days of the date of commencement of the test,
excluding any time during which testing was stopped at The Library's
request, The Library 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 Library has permitted the test to
be continued, such permission by The Library 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 Library
formally terminates the Agreement by notice to DYNIX. Upon such
termination, DYNIX shall refund to The Library all payments made to
DYNIX under this Agreement and The Library shall return all
SOFTWARE and EQUIPMENT to DYNIX at DYNIX's expense.
16. Final Acceptance Test (Full -Load Test)
A. No later than forty five (45) days after the commencement of Public
Access Catalog use by the public or October 1, 1988, whichever comes
first, the Final Acceptance Test outlined in Rider F shall be performed.
B. The Library will notify DYNIX in writing when the Final Acceptance
Test is completed.
C. If The Library fails to commence performance of the Final Acceptance
Test within forty five (45) days after the commencement of Public Access
Catalog use by the public or October 1, 1988, whichever comes first, 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 Library 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 Library has
permitted the test to be continued, such permission by The Library 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 Library formally terminates the Agreement by notice to DYNIX.
- 12-
• •
Upon such termination, DYNDX shall refund to The Library all
payments made to DYNDX under this Agreement and The Library shall
return all SOFTWARE and EQUIPMENT to DYNDX at DYNDX's
expense.
17. Schedule of Pavments
The total amount to be paid under this Agreement shall not exceed
$427,220.00, plus California state tax.
Payment is due no later than 30 days after each of the following milestones
in the percentages of the Purchase Price specified. Purchase Price shall be
defined to include all EQUIPMENT (except Telefacsimile Machines) and
SOFTWARE listed in Rider B and Rider C, and the service costs as quoted in
Rider D.
20% - Delivery of SYSTEM
35% - Installation of SYSTEM
15% - Load and Testing of Title and Copy Database, Creation of
Custom Labels, Installation and Proper Functioning of
Online OCLC Interface
10% Functional Acceptance Test per Rider G for all modules
except Serials Control and Information and Referral
5% SYSTEM Reliability Performance Test - Pilot Operation
per Rider F
5% Functional Acceptance Test per RIDER G for Serials
Control and Information and Referral
10% - Final Acceptance Test per Rider F
Invoices shall be submitted in triplicate to LaDonna Menitz, City Librarian,
Newport Beach Public Library, 856 San Clemente Drive, Newport Beach, CA
92660.
The Library may withhold any payments due DYND{ which may be
necessary due to:
(1) Defective work not remedied.
- 13-
•
•
(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 Library.
(5) Reasonable evidence that the remaining work cannot be
completed for the unpaid balance of this 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. Conversion includes de- duping of bibliographic file,
using OCLC record number and retaining holdings records from all
occurrences.
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.
DYNIX will provide custom item labels. Custom labeling is a method of
computer - assigning copy - specific information to The Library's
machine- readable bibliographic records and printing barcode labels with
enough bibliographic information to identify matching items. The major
steps and costs involved in the process are set forth on Rider D.
DYNIX will also provide authority control services based on LC -MARC
name and subject authority files, matching and creating appropriate "see"
and "see also" references at an initial cost of $5,500 and subsequent costs of
$500 for each re -run. All authority control services beyond the initial
- 14-
• •
occurrence will be performed as requested by The Library and will be
invoiced separately.
19. Warrant
This Agreement 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.
A Full-Load Acceptance Test may be conducted by The Library any time
within five (5) years after the completion of the SYSTEM Reliability
Performance Test - Pilot Operation as a means of verifying performance
standards. In the event that the SYSTEM fails to perform at these levels
any time within five (5) years after the completion of the SYSTEM
Reliability Performance Test - Pilot Operation, DYNIX will provide at no
additional cost whatsoever to The Library, additional HARDWARE and
SOFTWARE necessary to bring the SYSTEM into compliance with these
requirements within 150 days after written notification to DYNIX by The
Library of such failure.
Failure of DYNIX promptly to respond to such notice will result in
damages being sustained by The Library. It being impractical or
extremely difficult to determine the exact amount of damages in the
event of such failure by DYNIX promptly to bring the SYSTEM into
compliance and restore it fully to operation, it is agreed by the parties
hereto that the sum of $300 per day for each consecutive day that DYNIX
fails to bring the SYSTEM into compliance shall be paid to The Library
and/or withheld from monies otherwise due DYNIX under the
Maintenance Agreement or under this Agreement. If the SYSTEM is
brought into compliance within 150 days, The Library will waive the
liquidated damages and pay DYNIX the accrued maintenance
payments. If the SYSTEM is not brought into compliance within 150
days, all of the liquidated damages are due The Library, the accrued
maintenance payments will not be made, and the provisions of the
Performance Bond may be exercised. The total amount of damages shall
not exceed the cost of the SYSTEM.
- 15-
B. Other Warranties
DYNIX warrants that The Library shall acquire good and clear title to
the EQUIPMENT being purchased by The Library hereunder, free and
clear of all liens and encumbrances. All EQUIPMENT shall be new.
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 thirty (30) days
after successful completion of the Hardware Functionality Test. If,
during such warranty period, The Library 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 DYNDCs inspection at the site of the
EQUIPMENT demonstrates the existence of the defects asserted by The
Library. 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.
The provisions of the warranty set forth in this Section shall extend only
to The Library as an original purchaser and in no event will extend
beyond repair or replacement of the defective portions of the
EQUIPMENT.
DYNIX hereby warrants to The Library that the SYSTEM shall perform
in accordance with the specifications set forth in the Contract
Documents and that at the time of executing this Agreement DYNIX
has the right to grant the SOFTWARE license referred to herein.
20. Foreign Component Interface
The Library is hereby authorized to attach to SYSTEM equipment supplied
by a vendor other than DYNIX, provided said equipment consists of
peripheral devices which will not adversely affect the operation and
performance of the SYSTEM.
If requested by The Library, DYNIX will consult with The Library at
DYNIKs then - published rates regarding the compatibility and installation
of the proposed equipment with the SYSTEM.
21. Hold Harmless
DYNIX shall indemnify and hold harmless The Library, the City of
Newport Beach, the Newport Beach City Council, its boards and
- 16-
• •
commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs, and expenses whatsoever, including
reasonable attorneys' fees, regardless of the merit of any such claim or suit
arising from or in any manner connected to DYNIX's negligent
performance of services or work conducted or performed pursuant to this
Agreement.
DYNIX shall indemnify and hold harmless The Library, the City of
Newport Beach, the Newport Beach City Council, its boards and
commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorneys' fees, accruing or resulting to any and all persons,
firms, or corporations furnishing or supplying work, services, materials,
equipment, or supplies arising from or in any manner connected to
DYNIX's negligent performance of services or work conducted or
performed pursuant to this Agreement.
22. Insurance
On or before the commencement of the term of this Agreement, DYNIX
shall furnish The Library with certificates showing the type, amount, class
of operations covered, effective dates and dates of expiration of insurance
coverage in compliance with this Section. Such certificates, which do not
limit DYNIX's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this
certificate be cancelled or coverage reduced before the expiration date
thereof, the insurer afforded coverage shall provide fifteen (15) days'
advance notice to the City of Newport Beach by certified mail, Attention:
Risk Manager ".
It is agreed that DYNIX shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance
required by this Agreement with an insurance company that is acceptable to
the City of Newport Beach and licensed to do insurance business in the State
of California.
A. Coverage
DYNIX shall maintain the following insurance coverage:
(1) Worker's Compensation
Statutory coverage as required by the State of California.
- 17-
to
R
U
(2)
Liability
Comprehensive general coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate products/
completed operations
$1,000,000 aggregate - all other
(if applicable)
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
Subrogation Waiver
DYNIX agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and
automotive liability insurance, DYNIX shall look solely to its
insurance for recovery. DYNIX hereby grants to the City of
Newport Beach, on behalf of any insurer providing comprehensive
general and automotive liability insurance to either DYNIX or the
City of Newport Beach with respect to the services of DYNIX
herein, a waiver of any right of subrogation which any such
insurer of DYNIX may acquire against the City of Newport Beach
by virtue of the payment of any loss under such insurance.
Failure to Secure
If DYNIX at any time during the term hereof should fail to secure
or maintain the foregoing insurance, the City of Newport Beach
shall be permitted to obtain such insurance in DYNDCs name or
as an agent of DYNIX and shall be compensated by DYNIX for the
costs of the insurance premiums at the maximum rate permitted
by law computed from the date written notice is received that the
premiums have been paid.
M"
D. Additional Insured
The Library, the City of Newport Beach, the Newport Beach City
Council, its boards and commissions, officers, and employees
shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by
this Agreement. The naming of an additional insured shall not
affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional insured.
An additional insured named herein shall not be held liable for
any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other
'insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the
insurance provided by this policy.
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 Library.
24. Eoual 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.
25. Non- Assienability
No assignment of this Agreement or any right or interest therein by DYNIX
shall be effective unless The Library shall first give its written consent to
such assignment which consent may be withheld by the discretion of The
Library on any ground whatsoever. The performance of the contract by
DYNIX is of the essence of this contract.
26. Publty
DYNIX agrees to submit to The Library all press releases, advertising, sales
promotion, and other publicity matters relating to any product furnished by
- 19-
• •
DYNIX to The Library wherein The Library's name is mentioned,
excluding DYNIX customer lists. DYNIX shall not publish or knowingly
permit to be published any such material without the prior written consent
of The Library.
27. SYSTEM Modification
DYNIX grants to The Library ninety (90) days from the time installation and
training are complete for any given module to request modification of
options requested for that module at no additional charge to The Library.
Such options include but are not limited to creating or adding index points,
adding fields to records, and changing screen displays.
DYNIX may provide free of charge to The Library from time to time
modifications of the construction and/or the design of the EQUIPMENT
and/or the licensed SOFTWARE. Should DYNIX change the SOFTWARE
capabilities beyond those required as part of this Agreement, it is the option
of The Library to accept or reject the installation and use of the SOFTWARE
changes. Should The Library choose to accept the new SOFTWARE, DYNIX
will install such SOFTWARE modifications at no charge within ninety (90)
days of receipt of the new SOFTWARE by The Library. If necessary, The
Library 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 Library, DYNIX shall supply
documentation and training which shall be sufficient for the use and
operation of the SYSTEM by The Library.
Should The Library elect to install and use the added SOFTWARE functions
or capabilities, The Library shall be responsible for the costs associated with
the purchase, installation, and maintenance of the computer HARDWARE
necessary to operate same. If The Library does not elect to install and use
the SOFTWARE functions or capabilities, then such enhancements or
improvements will not be required and DYNIX will continue to provide
HARDWARE and SOFTWARE maintenance as prescribed in this
Agreement and the Maintenance Agreement for a period of at least two (2)
years. After such time The Library may elect to continue maintenance
under an agreement to be negotiated at that time. The Library understands
that all releases must be installed separately and that new enhancements,
and some bug fixes, are not made available without accepting such releases.
28. Purchase of Additional Eouipment
The Library 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
- 20-
(24) months from the date of execution of this Agreement. Any price
reductions that occur before DYNIX orders EQUIPMENT and SOFTWARE
will be made available to The Library, which at its option may use this
reduction in lieu of proposed prices.
29. The Library Responsibilities
A. The Library 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. Once the installation
has been completed, The Library will manage and operate the SYSTEM.
B. The Library 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 Library with the necessary specifications for such data. DYNDt
will not assume liability for incorrect SYSTEM performance resulting
from failure of The Library to submit appropriate data, from the
submission of erroneous data, or from The Library's unreasonable
administrative, operational, or management procedures.
30. 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 Library, which fiscal year ends on
June 30 of each year, shall be subject to budget approval providing for or
covering such contract item as an expenditure in said budget. The Library
does not represent that said budget item will be actually adopted, said
determination being the determination of the Newport Beach City Council at
the time of the adoption of the budget herein. No penalty shall accrue to The
Library in the event this provision shall be exercised. The Library shall not
terminate this contract under this Section in order to acquire similar
EQUIPMENT or SOFTWARE from a third party.
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.
32. Force Majeure
The parties will exercise every reasonable effort to meet their respective
- 21-
E
•
obligations hereunder, but shall not be liable for delays resulting from force
majeure or other causes beyond their reasonable control, including, but not
limited to, 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 delay so incurred.
33. 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 Library: LaDonna Menitz, City Librarian
Newport Beach Public Library
856 San Clemente Drive
Newport Beach, CA 92660
DYNIX: Paul Sybrowsky, President
DYNIX, Inc..
1455 West 820 North
Provo, Utah 84601
A notice shall be deemed given when placed in the U.S. Mail as specified
above.
34. Governing Law
This Agreement shall be governed, construed, and interpreted in
accordance with the laws of the State of California.
35. 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.
36. Entire Agreement
This Agreement and incorporated documents contain the entire
understanding of the parties hereto and neither it nor the rights and
obligations hereunder may be changed, modified, or waived except by an
instrument in writing signed by the parties hereto.
- 22-
•
WITNESSES:
n
LJ
DYNIX, Inc.
,`
ITS: Vice President
WITNESSES: The Library
< BY: Lllle��z �°
ITS:
7- 7— � 7
WITNESSES: CITY OF NE)biMRT BEACH
Approved as to form:
I _u
Carol A. orade
Assistant City Attorney
M
ITS: A �fJn
- 23-
Date to Finish
July 15,1987
July 15,1987
July 20,1987
July 20,1987
July 20,1987
August 1, 1987
August 1, 1987
August 1, 1987
August 1, 1987
• •
RIDER A
SCHEDULE OF ACTIVITIES
Party
Responsible Tasks
Joint Finalize contract
Library Order bibliographic master file and
supplement from OCLC
Dynix Send central site and branch site
specifications to Library
Dynix Send pre - installation guide to Library
Dynix Provide diagram for telecommunications
line order
Dynix Review and approve central site layout
Dynix Order generic item and patron barcode
labels
Library Prepare and submit telecommunications
order to Pacific Bell
Joint Initial meeting between Dynix and
Library project leaders to:
a) define files and screen layout
b) discuss selection of local
parameters
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
- 24-
• •
g) discuss custom label process
August 15,1987
Library
Order patron cards and registration
forms
August 15,1987
Joint
Prepare purchase order for supplies
August 17,1987
Dynix
Dynix receives bibliographic master
file
September 15, 1987
Dynix
Process OCLC bibliographic tapes and
provide sample run of sorting to Library.
Resolve problems with Library
concerning custom label process.
September 15,1987
Dynix
Deliver master file for custom labels to
label vendor
October 1, 1987
Library
Begin patron registration
November 1, 1987
Library
Complete central and library site
preparations
November 1, 1987
Dynix
Delivery of central site equipment and
technical services and training terminals
November 1, 1987
Library/
Installation of telecommunications lines
Pacific
Bell
November 1, 1987
Dynix
Deliver custom barcode labels
November 15,1987
Dynix
Deliver and install circulation and staff
terminal
November 15,1987
Dynix
Inspection and certification of central site
November 15, 1987
Dynix
Install central site equipment and
software, and technical services and
training terminals
November 15,1987
Library
Start System Performance Reliability Test
November 15,1987
Dynix
Load bibliographic master file tape
November 15,1987
Dynix
Establish training file
- 25-
•
November 15,1987 Dynix Install online OCLC interface
November 19,1987 Library Test online OCLC interface
December 1, 1987 Dynix Train system operations and technical
services groups
December 1, 1987 Joint Load supplement tape from OCLC
December 15, 1987 Library Start Functional Acceptance Test except
for Serials Control and Information and
Referral
December 15,1987
Dynix
Acquisitions training
December 15,1987
Dynix
Train circulation group
December 22,1987
Library
Finish labeling at first location
December 23,1987
Library/
Begin online circulation at Newport
Dynix
Center
January 2, 1988
Library
Begin online Acquisitions
June 15,1988
Dynix
Deliver and install public access catalog
terminals
June 15,1988
DYNDX
Serials Control Training
June 15,1988
Library
Start Functional Acceptance Test for
Serials Control and Information and
Referral
July 1, 1988
Library
Begin online Serials Control
July 1, 1988
Library
Begin online catalog at Newport Center
August 15,1988
Library
Start Final Acceptance Test for SYSTEM
- 26-
•
•
RIDER B
EQUIPMENT LIST T AND PRICES
QTY
COMPONENT
UNIT COST
TOTAL PRICE
1
ULTIMATE 6800
$197,000.00
Includes:
PICK Operating System
2MB Memory
2 -515MB Disk Drive
80 Ports
1 6250/1600 BPI Tape Drive
1
Communications Rack
1,000.00
1
Battery Backup
2,000.00
1
Power Filter
3,555.00
1
MVP 3001pm System Printer
5,000.00
1
Printer Stand
250.00
1
Tap Switch
150.00
27
WYSE 50 CRTs
480.00
12,960.00
32
DYNDX PAC CRTs
570.00
18,240.00
2
Spare WYSE 50 CRTs
480.00
960.00
2
Spare DYNDX PAC CRTs
570.00
1,140.00
11
Laser Readers
2,050.00
22,550.00
11
HP ThinkJet Printers
500.00
5,500.00
1
Spine Label Printer
525.00
525.00
2
Telxon Portable Units
2,750.00
5,500.00
- 27-
4
6
Micom 1200 /2400 Baud Modems
TC 5016AL with IM 9600
1600 Channel Multiplexers
550.00
5,550.00
SUBTOTAL
LESS DISCOUNT
TOTAL OF RIDER B
2,200.00
33,300.00
Jai o oo
22,350.00
• •
TOTAL OF RIDER C $79,800.00
- 29-
RIDER C
SOFTWARE LIST AND
PRICES
QTY
COMPONENT
TOTAL PRICE
1
Cataloging Module
$18,000.00
1
Circulation Module
15,000.00
1
Public Access Catalog
8,000.00
1
Acquisitions Module
15,000.00
1
Serials Control Module
15,000.00
1
Information & Referral Module
3,000.00
1
Back Up Module
1,000.00
1
OCLC Interface
4,000.00
1
Multi -Site Microcomputer Patron
800.00
Registration Module
TOTAL OF RIDER C $79,800.00
- 29-
•
C7
RIDER D
DYNIX SERVICES AND PRICES
SERVICES
UNIT CHARGE
TOTAL CHARGE
Training
$15,000.00
System Overview
1 Day/ First Trip
Catalog Maintenance
2 Days/First Trip
OCLC Interface
1/2 Day/First Trip
Circulation
2 Days /Second Trip
Back -up
1 Day /Second Trip
Online Assistance
1 Day/Third Trip
Acquisitions
2 Days/Fourth Trip
1 Day/Fifth Trip
Serials Control
3 Days/ Sixth Trip
Information and Referral
2 Days/Seventh Trip
Documentation
800.00
Shipping
3,730.00
Installation
11,840.00
401/2" Magnetic Tapes
25.00
1,000.00
Conversion
5,500.00
Holding Creation 3,000.00
Authority Control Work per Section 18 5,500.00
50,000 Laminated Patron Barcode Labels 29.00/1000 1,450.00
20,000 Laminated Generic Item Labels 29.00/1000 580.00
180,000 Laminated Custom Item Labels 53.00/1000 9,540.00
TOTAL OF RIDER D $57,940.00
- 30-
•
•
RIDER E - PERFORMANCE STANDARDS
NEWPORT BEACH PUBLIC LIBRARY
1. TRANSACTION MIX TABLE -YEAR 1 (1 987)
PER HOUR PER HOUR
TRANSACTION TYPE
ANNUAL
(AVERAGE)
(PEAK)
Check -Out
650,000
206
515
Check -In
650,000
198
297
Titles Added/Changed
10,000
3
3
Items Added/Changed
21,000
7
7
Patrons Added/Changed
40,000
13
26
Reserves and Inter- Branch Loans
20,000
6
12
Inter - Library Loans
2,500
1
1
Fine Processing
33,000
10
20
First Overdue Notices
11,000
batch
batch
Final Overdue Notices
2,750
batch
batch
Patron Record Queries
130,000
41
82
Catalog Searches
1,900,000
603
1,510
Purchase Orders
500
1
1
Titles Ordered
10,000
3
3
- 31-
•
•
2. TRANSACTION MIX TABLE - YEAR 5 (1992)
PER HOUR PER HOUR
TRANSACTION TYPE
ANNUAL
(AVERAGE) (PEAK)
Check -Out
900,000
286
715
Check -In
900,000
286
429
Titles Added/Changed
15,000
5
5
Items Added/Changed
25,000
8
8
Patrons Added/Changed
17,000
5
10
Reserves and Inter - Branch Loans 45,000
14
28
Inter - Library Loans
3,200
1
1
Fine Processing
42,300
13
26
First Overdue Notices
14,100
batch
batch
Final Overdue Notices
3,525
batch
batch
Patron Record Queries
150,000
48
96
Catalog Searches
2,800,000
890
2,220
Purchase Orders
600
1
1
Titles Ordered
15,000
5
5
3.
FILE SIZES AND
INDEXES
FILE
YEAR 1
YEAR
Bibliographic Records
100,000
225,000
Copy/Item Records
180,000
450,000
Patron Records
43,000
50,000
- 32-
•
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 Number
Series Authority
Dewey Call Number
3, RESPONSE TIME TABLES*
AVERAGE LOAD
Charges 2.0 seconds
Discharges
New Titles Added or Changed
New Items Added or Changed
New Patrons Added or Changed
Acquisitions Records Added or Changed
Reserves Entered
Inter - Branch Loans
Fine Processing
Patron Queries
Exact Key Searches (Item Barcode,
Bibliographic ID Number)
Number or Indirect Searches
(LCCN, OCLC #, ISBN/ISSN)
Simple Catalog Searches
(List or Authority)
Complex Catalog Searches
3.0 seconds
4.0 seconds
4.0 seconds
4.0 seconds
4.0 seconds
3.0 seconds
2.0 seconds
3.0 seconds
5.0 seconds
2.0 seconds
3.0 seconds
5.0 seconds
10.0 seconds
- 33-
PEAK LOAD
5.0 seconds
5.0 seconds
8.0 seconds
8.0 seconds
8.0 seconds
8.0 seconds
8.0 seconds
5.0 seconds
6.0 seconds
8.0 seconds
4.0 seconds
6.0 seconds
8.0 seconds
20.0 seconds
• •
(Keyword)
Renewals
Response Time Between Types
of Functions
2.0 seconds
3.0 seconds
* All 58 terminals operating, performing all functions
- 34-
5.0 seconds
5.0 seconds
n
U
n
U
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 Library'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 within thirty (30) days
of successful completion of the Hardware Functionality Test, loading of The
Library's bibliographic files, and DYNIX training for all modules to be tested.
All functions will be tested in accordance with the user documentation provided
by DYNIX. A representative from The Library shall initial the space provided
- 35-
beside each item to indicate that (s)he witnessed and accepted the performance
of that item.
C. SYSTEM RELIABILITY PERFORMANCE TEST
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 at least ninety -eight percent (98 %). Reliability shall be
determined by deducting downtime from the total number of hours the library 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, or the
system being released to DYNDt for remedial maintenance. 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 1.0
- CPU
- Disk drives
- Central data communications unit
- Disk controller
- Operations console
Loss of major hardware 0.5 per device
- Peripheral data communications (multiplexor, modem)
- Tape drive
- System printer
Loss of other hardware .10 per device
- Terminal
- Optical scanning device
- Terminal printer
- Portable optical reader
Loss of critical function 1.0
- Charge
- Discharge
- Renewal
- Holds
- Public access catalog inquiry
- Patron file inquiry
- Item file inquiry
- Fine payment
- 36-
• •
- Cataloging data entry
- OCLC interface
Loss of non - critical function 0.5 per function
- File updates
- Report generation
- Acquisitions functions
During pilot operations, the response time in excess of stated maximums in
Rider E shall have a coefficient of 1.00 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 10 terminals will perform charge, discharge, and patron file
input/update transactions, 1 terminal will perform acquisitions inputs/updates,
1 terminal and the OCLC interface will perform bibliographic inputs/updates, 2
terminals will perform item input/update transactions, 1 terminal will perform
reserve transactions, 16 terminals will perform simple searches (author /title),
22 terminals will perform complex searches (subjectlboolean/keyword), and 5
terminals will perform exact key and indirect searches.
Both DYNDt 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, DYNDC 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.
- 37-
E
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.
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.
I
•
RIDER G
C
Functionality Acceptance Test
This test will be run by THE LIBRARY within thirty (30) days
of receipt of notice from DYNIX that sufficient software and
data have been loaded on the system to effectively perform
the test. The test will be run by Library personnel checking
off the items listed below as they are observed to be
functioning. The test need not be conducted in a single
session and the method and sequence of testing items may be
established by THE LIBRARY.
Any items which do not pass will be noted and immediately
sent to DYNIX at the conclusion of the test. When each
noted item has been corrected and observed to be functioning
properly, the test will have been successfully completed.
1.0 GENERAL FEATURES (All modules)
The System:
1.1 - Consists of hardware, software, installation, training,
bibliographic records reformatting, maintenance, and
vendor support necessary for full operation of
functions.
1.2 - Operates in real -time interactive mode with capability
to create, update, access, and delete any data for
Library materials or patrons by both batch and online
mode.
1.3 - Permits the restriction of specified functions to
specified terminals or specified passwords.
1.4 - Provides for electronic scanning of barcoded labels on
patron cards and library materials.
1.5 - Detects scanning errors with a method of calculating
check digits on bar -code labels.
1.6 -Moves from one function to another without logging off
or on.
1.7 - Includes the capability for input and output of
bibliographic records in full MARC II format, including
all tags, subfields, and indicators.
1.8 - Accommodates searches and messages from terminals in
all locations of the Library system.
119 - Produces hard -copy notices and reports in background
mode.
-39-
•
•
1.10 -Logs transactions for continuous backup.
1.11 - Indexes new records and /or changes in background mode.
1.12 -Loads records from MARC tapes or utility interfaces in
background mode.
1.13 - Accepts, stores, accesses, edits, displays, and writes
to tape full MARC II records for the following formats:
a. Books
b. Serials
C. Sound Recordings
d. Audio - visual Materials
e. Music Scores
1.14 - Automatically updates the database immediately after
the following kinds of transactions:
a. Check Out
b. Check In
C. Fine or Fee Payment /Balance Owed
d. Renewal
e. Reserve
f. Change in Borrower Status
g. Change in Item Status
h. Order Placed
i. Item Received
1.15 - Allows authorized terminal operators to override
specified automatic functions, i.e. fines, fees, blocked
items and aatrons, etc.
1.16 - Allows operator to page and move cursor to desired field
in patron record or item record for the purpose of
updating or modifying that field.
1.17 - Interfaces with other automated systems installed by the
same vendor or other vendors, for purposes of resource
sharing using AVIAC standards as adopted.
1.18 - Security of the system must be provided by assigned
function of terminals and authorization of personnel.
Dial -up access limited to library specified functions.
-40-
•
•
2.0 BIBLIOGRAPHIC /ITEM FILE AND MAINTENANCE (Catalog
Maintenance)
The System:
2.1 - Accents any MARC formatted machine - readable records
created by THE LIBRARY through OCLC or other third
party vendors.
2.2 - Accommodates both full MARC and brief MARC records.
2.3 - Supports standard full MARC II formats.
2.4 - Includes item (copy - level) information such as:
a) unique book identifier;
b) unioue item call number;
c) material type;
d) branch location;
e) price;
f) statistical category.
g) language
2.5 - Allows search /retrieval by the following:
a) ISBN
b) ISSN
c) Library of Congress card number
d) bibliographic utility control number
e) author
f) author /title
g) title
h) series
i) Dewey call number
j) added entries, personal and corporate
k) unioue item number
1) subjects
2.6 - Allows edit of any portion of the record without
re- editing the entire record.
2.7 - Allows edit of any field in the record without rekeying
of an entire field.
2.8 -Links all conies of the same edition of a title to the
bibliographic record for that title.
-41-
• •
2.9 - Displays volume - specific data for serials and sets in
number or date order without repeating title -level
bibliographic data.
2.10 - Provides automatic duplicate check to identify matching
records already existing in the bibliographic data base
whenever bibliographic records are added by tape load
or interface.
2.11 - Allows Library to determine if duplicate records detected
in the data base will automatically overlay or if new
record should be created.
2.12 - Allows expansion or replacement of a brief
bibliographic record and transfer of any item records
attached.
-42-
3.0 AUTHORITY CONTROL (Catalog Maintenance)
The System:
3.1 - Provides on -line authority files.
3.2 - Provides authority files for desired fields with
appropriate cross - reference for each.
3.3 - Accents authority file tapes from the Library of
Congress as well as authority files input through
a system terminal.
3.4 -Links each occurrence of a heading in the bibliographic
file to the heading in the authority file so that all
occurrences of that heading may be modified with a
single "global" change.
3.5 - Provides a periodic list of titles input or modified in
which a personal or corporate name, seriais, or subject
heading is added to the authority files.
3.6 - Produces, on demand through a cataloging terminal,
listing of all items in the authority files.
3.7 - Restricts additions or changes to authority file
entries to authorized operators.
3.8 - Permits creation of appropriate "see" and "see also"
cross - reference.
3.9 - Automatically displays a relevant set of entries from
the authority file whenever an authority file
controlled field on a bibliographic record is entered
or updated. One of the displayed entries may be
selected or the new authority form may be added.
3.10 - Maintains only one authority file for each designated
file, regardless of the number of agencies sharing the
data base.
3.11 - Permits creation of authority records only by operators
with valid passwords and authorization.
3.12 - Maintains a list of temporary authority records created
for later review and approval of authorized operators.
3.13 - Allows creation of authority records from within the
general bibliographic file maintenance program.
-43-
• •
3.14 - Allows printing of portions of the authority file for
review.
3.15 - Permits merging of authority records by an authorized
operator.
-44-
•
•
4.0 SEARCHING CAPABILITIES (All Modules)
4.1 General features
The System:
4.1.1 - Retrieves records by a variety of indexes as shown
below.
a. Author
b. Title /Added Title
C. Call Number
d. Item Label Identification Number
e. ISBN
f. ISSN
g. LC Card Number
h. Series Title
i. Subject Heading, to Subdivision Label
J. Patron Identification Label Number
k. Patron Name
1. Reserves by Title
M. Reserves by Patron
4.1.2 - Functions as a library catalog by providing full or
brief bibliographic information.
4.1.3 - Provides information on item availability and status.
4.1.4 - Excerpts brief bibliographic information from full MARC
records.
4.1.5 - Supports formats for all material types (monographs,
serials, microforms, maps, manuscripts, documents, and
non -print media.)
4.2 Display features
The System:
4.2.1 - Offers Library a choice of display formats.
4.2.2 - Offers a choice of the amount of information displayed,
such as index, brief, or full records.
4.2.3 - Displays full MARC II record, with MARC tags.
4.2.4 - Displays call number, current status, and location of
individual copies.
4.2.5 - Provides truncated bibliographic entries for multiple
hits.
-45-
• •
4.2.6 - Permits browsing or paging screens backward or forward.
4.2.7 - Permits attachment of printers to patron access
terminals.
4.2.8 - Prints abbreviated search results at _patron access
terminals.
4.2.9 - Allows Library to set default display for Public Access
Catalog and Data Entry screens.
4.3 Assistance features
The System:
4.3.1 -Does not require derived or algorithmic search keys,
such as initial letters from author or title.
4.3.2 - Provides consistent prompt messages to guide searches
by patrons.
4.3.3 - Displays a list of terms related to search terms.
4.3.4 - Allows easy correction of typing errors and
re- initiation of a search.
4.3.5 - Provides specific suggestions along with error
messages.
4.3.6 - Provides appropriate "help" messages with instructions
for continuing a search.
4.3.7 - Allows Library to create "help" messages without
programmer intervention.
4.3.8 - Allows "back up" to a previous point in the search
without beginning the search again.
4.3.9 - Experienced users may bypass the instructions so that
more rapid searching may be conducted.
4.4 Structural features
The System:
4.4.1 - Access points
- searches the bibliographic file by author, title,
uniform title author /title, subjects, as minimum search
elements.
- searches by specifying multiple terms as well as by
single term.
-46-
0
4.4.2
4.4.3
•
E
-In addition, the following indexes are included:
Patron Name
Patron Barcode
Item Barcode
ISBN /ISSN
LCCN
OCLC Number
Title /Series Keyword
Title Alphabetical
Author Authority
Subject Keyword
Subject Authority
Series Authority
Dewey Call Number
- Authority control
- Allows patron to browse both name and subject
Authority files.
4.4.4 -Union catalog features
- Provides access from all terminals in the system,
staff terminals as well as the special public access
terminals.
- Permits library system -wide inquiry with branch
specific holdings information provided.
4.4.5 - Boolean searching
- Permits Boolean searching, using at least two keyword
terms, i.e. linking search terms using terms like AND
or OR.
4.4.6 - Keyword or free text searching
- Searches selected fields by keyword rather than
searching index files.
4.4.7 - Search limiting
-Will not permit a search to continue beyond a certain
length of time.
4.4.8 - Allows a character string to be entered for inquiry
rather than requiring entry of a derived search key.
4.4.9 - Allows truncation of some or all of the search
arguments.
QiFC
.. • •
5.0 INTERFACE SOFTWARE (Interfaces)
The Interface:
5.1 - Transfers bibliographic records from the source
computer to the DYNIX CPU.
5.2 - Automatically reformats and stores the source record
without operator intervention.
5.3 - Allows overlay of a brief bibliographic record with
the complete record and does not lose linking to any
holdings records attached.
5.4 - Allows copy- specific information (barcode number, item
type, material type, call number, etc.) to be input
into the source record.
5.5 - Automatically creates holdings records based on the
copy- specific information properly input into the
source record.
ffinm
• •
6.0 CHARGE (Circulation)
The System:
6.1 - Associates a unique book identifier with a unique
patron identifier and stores the charge transaction
in the circulation file.
6.2 - Calculates loan period and due date /time according to:
a) patron type;
b) book type;
c) library service hours (allowing for
holidays);
6.3 - Displays due date /time on the charge terminal screen
6.4 - Requires only one entry of patron identifier per batch
of items to be charged to that patron at one time.
6.5 - Provides clear audible and visual signals that
identification labels have been read and the
information accepted.
6.6. - Provides clear audible and visual signals when charge
transactions are blocked and permits supervisory
override. Visual message states the reason charge is
blocked.
6.7 - Provides a swift, accurate method of optical scan of
barcode labels affixed to patron ID and book.
6.8 - Allows manual input of book and patron barcode labels.
6.9 - Accommodates a variety of loan periods which can be
changed without Drogrammer intervention.
6.10 - Allows authorized o_erator to input a non - standard due
date /loan period by overriding the system - calculated
due date.
6.11 - Checks patron status and signals operator of any
exception condition including excessive number of books
charges, excessive fines owed, manual blocks placed, or
expired registration, and permits supervisory override.
6.12 - Checks book status for hold(s), "non- circulating" tag.
6.13 - Blocks the charge with book and /or patron status in an
exception condition and provides clear audible and
visual signal.
-49-
•
6.14 - Provides an efficient means for charging of partially
cataloged or uncataloged material.
6.15 - Alerts operator of bar code labels from other library
systems.
-50-
0 •
7.0 RENEWAL (Circulation)
The Svstem:
7.1 -Prior to renewal, checks the book for overdue status,
calculates and displays any fine, permits immediate
payment.
7.2 - Calculates and displays a new due date /time when a
charged item is renewed.
7.3 - Permits record display and renewal even if book and /or
patron are remote or book or patron barcode number is
unknown.
7.4 - Checks the book record for hold tags, blocks renewal if
tags are found, and prompts operator for hold
processing.
7.5 - Checks patron record for exception conditions (e.g.,
unpaid fines).
7.6 - Blocks renewal if patron has borrowed or renewed the
book in excess of a specified number of times or if
the book has been tagged "lost" while charged to the
patron.
-51-
• •
8.0 DISCHARGE (Circulation)
The System:
8.1 - Disengages a book barcode number from a patron bar-
code number and removes the record from the circulation
file.
8.2 -If a fine or fee is to assessed, retains information
in fine records as to book identifier, date book is
returned, and amount of fine accrued.
8.3 - Provides a completely interactive online discharge
function, though fine notice production may be done
in background mode.
8.4 - Permits discharge by scan of barcode identification
label.
8.5 - Permits manual input of book barcode label where label
is defective or missing.
8.6 - Allows authorized operator to change date of discharge
(for delayed discharge of a group of materials.)
8.7 - Clears returned items at any location, regardless of
owning location signals if material is to be sent to
another location, and tags material "in transit" until
final discharge.
8.8 - Checks the book record for hold or other status
conditions, provides clear, audible and visual signals
if tags are found, and prompts appropriate processing.
8.9 - System -wide ability to trap holds during discharge
regardless of where the hold request was placed.
8.10 - Allows for a specified grace period during which no
fine is assessed system -wide or by specified location.
8.11 - Checks a book for overdue status, calculates any fine,
displays the patron's account, and automatically
increments the account. Permits operator with
authorized password to override.
8.12 - Permits immediate full or partial payment of fines.
8.13 - Deletes patron identifier from circulation history file
after fines, overdues and lost books have been cleared
from financial obligation file.
8.14 - Prints a fine notice or other billing document in
background mode.
-52-
• •
9.0 FINES AND FEES (Circulation)
The System:
9.1 - Calculates fines at the time of discharge or renewal
according to book type, patron type, loan period,
date /time of discharge, and maximum fine for a book
or patron type.
9.2 - Stores and displays a patron's fine and fee history
until fines or fees are paid and cleared or for a
length of time to be determined by the Library. Fee
history should contain patron and book ID, date
returned, fines and accrued fines.
9.3 - Blocks charge and renewal transactions for patrons with
a specified number of dollar amount of unpaid fines and
fees.
9.4 - Calculates fines beginning with a specified minimum
dollar amount and ending with a specified maximum.
9.5 - Prints a patron notice giving bibliographic data, fine
and fee amounts, and a message including payment
instructions.
9.6 - Periodically prints a list of patrons with long overdue
books (time frame to be Library- specified.)
9.7 - Periodically prints a 'list of charged books
long- overdue or presumed lost according to a library
specified time frame.
9.8 - Permits an operator to record partial or full
payment(s) received and keeps a record of individual
items against which partial payments have been made.
9.9 - Allows authorized operator to manually input a fine,
fee, or other charge, such as fee for holds of lost
books.
9.10 - Allows authorized operator to waive patron's unpaid
fines, fees, or other charges.
-53-
• •
10.0 NOTICE - PRODUCTION (Circulation)
The System:
10.1 - Allows option to print reminder; first overdue notice
and allows for second and subsequent overdue notice for
recall of charged material; notice of materials being
held, or hold cancellation; fine replacement fee and
any other financial notices; and billing notices for
non - returned material.
10.2 - Permits staff to determine quickly from the patron
record what notices have been sent to patron with
materials charged out and what action is to be taken
next.
10.3 - Prints hold and overdue notices which provide
sufficient call- number, bibliographic and circulation
data to aid the patron in book identification. All
notices must contain individual item number and patron
number.
10.4 - Prints a listing of overdue books in shelf list order
by location to facilitate shelf -check before mailing
notices.
10.5 - Prints notices with Library- specified messages on card
stock or multi -part mailers.
10.6 - Suppresses overdue notice on items "claims returned."
10.7 -Uses a Library- specified patron address from patron
record for each type of notice.
10.8 - Separates notices by library location.
10.9 -Sorts notices by zip code for bulk mailing.
10.10 - Combines all types of notices (reminder, hold,
cancellation, etc.) for one patron into single report
based on install parameters.
-54-
• •
11.0 HOLDS (Circulation)
The System:
11.1 - Verifies patron status before hold is placed and
notifies operator of any financial blocks present on
the patron record.
11.2 - Places holds at the title, item - specific, and
branch - specific level at THE LIBRARY's discretion.
11.3 - Allows placement of hold on any title from any
terminal.
11.4 - Checks for hold tags on an item record at time of
discharge and notifies an operator of hold tags with
visual and auditory signals.
11.5 - Prints hold notices daily for mailing and prints slips
with telephone numbers for calling patrons.
11.6 - Prints hold notices after item is checked in a pickup
location.
11.7 - Displays and /or prints upon request a list of the hold
queue for a book by title.
11.8 - Checks the hold queue at the time of charge and blocks
charge to a patron not at head of queue. Permits
override of block with authorized password.
11.9 - Signals an operator or prints a purchase alert when the
hold queue exceeds a Library- specified ratio of copies
to holds. This ratio must be capable of change without
programmer intervention.
11.10 - Allows authorized operator to remove names from any
position in the hold queue.
11.11 - Cancels queues at discretion of authorized operator and
produces notices to be sent to patrons in the cancelled
queue.
11.12 - Blocks renewal of books with hold tags.
11.13 - Calculates the hold shelf clearance date and prints a
list of holds not picked up to facilitate clearing of
hold shelves or notification of next patron in the
queue.
-55-
• •
11.14 - Allows override of exclusion of certain material types
from placement of holds.
11.15 - Detects duplicate hold request made for a title by the
same patron.
11.16 - Allows receipt of message alert at offsite branches
regarding immediate hold recuest.
-56-
s • •
12.0 SECONDARY LOCATIONS (Circulation)
The System:
12.1 - Allows temporary assignment of
temporary collection or agency
losing original information or
12.2 - Permits change of loan period,
characteristics for purpose of
secondary collection.
materials from one
to another without
cirulation data.
fine rate and other book
circulation from the
12.3 - Permits charges to patrons from the secondary
collection using primary collection book identifiers
and bibliographic data.
12.4 - Prints staff -use lists of books charged to the
secondary collection, in order by author, title and /or
call number.
-57-
• •
13.0 CIRCULATION /MANAGEMENT REPORTS (Circulation)
The System prints hard -copy reports:
13.1 -Of daily circulation transactions: number of charges,
renewals, discharges, etc., cumulated monthly and
annually by material type and library locations.
13.2 - Compiled in background mode and printed on operator
command.
13.3 -For specified system units or service points upon
demand.
13.4 -Of monthly statistical reports of new items, titles,
and patrons added, excluding titles corrected and
patrons renamed.
13.5 -On size of files: number of titles, items patrons,
and items currently charges.
13.6 -On patron characteristics: age, sex, address, census
tract, etc. Information to be drawn from appropriate
fields (coded and otherwise) in patron file.
13.7 -With correlations of two or more data fields, such as
patron type and material type, etc.
13.8 -On patron financial histories: numbers of outstanding
loans and delinquencies as specified: listing should
be possible in a variety of sorts.
13.9 -Of patrons with or without listings of outstanding
loans and delinquencies as specified: listing should
be possible in a variety of sorts.
13.10 -Of items with a special status (bindery, cataloging,
ILL, etc.) or reserve collections on demand, giving
reserve - specific data.
13.11 -Of all delinouent borrowers with more than a specified
number of books or debts for more than a specified
amount.
13.12 -On collection use by call number or subject class.
13.13 -On the number of times a title or a copy has
circulated.
13.14 -On number of holds placed, filled, not picked -up.
-58-
• •
14.0 PATRON FILE (Circulation)
The System:
14.1 - Permits development of system -wide patron file with all
appropriate fields, including but not restricted to:
a) name
b) barcode number
c) address
d) alternate address
e) telephone number
f) patron type
g) expiration date of registration
h) activity date of last transaction
i) patron status
j) any other coded data necessary to
determine usage patterns, such as
census tract, sex, age groupings, etc.
k) free text field
14.2 - Permits Library - specified parameters or patron types,
patron status, and coded data.
14.3 - Permits entry of patron registration online.
14.4 - Permits patrons to charge materials on their initial
visit to THE LIBRARY.
14.5 - Permits corrections or updates to the information
contained in the patron record without unnecessary
re- keying.
14.6 - Allows placement of blocks on restrictions on charging
of materials automatically or through manual keying.
14.7 - Permits override of patron blocks with password
authorization.
14.8 - Provides access to the patron file by name and by
patron barcode number.
14.9 - Displays and /or prints out patron data for use by
authorized staff: name, address, books currently
charged; holds; current fines, and other charges;
and "claimed returned ".
14.10 - Allows patrons to be deleted from the file on an
individual basis by staff with authorized password
-59-
•
•
14.11 - Provides for periodic purge of patron file according
to Library- specified parameters.
14.12 - Allows assigning patron with new barcode number
without losing delinquencies, charges, and holds.
14.13 -Must be able to renew card without issuing a new
barcode number or entering any information into patron
record other than new expiration date.
14.14 -Must have ability to declare card lost or stolen.
No materials may be charged to these cards.
Q:iM
• •
15.0 PORTABLE BACKUP UNITS (Back -up)
The System:
15.1 - Captures checkin and checkout transactions from
keypad or wand.
15.2 - Incorporates time and date stamps on each transaction
to accurately determine final status of an item even
if handled several times or on different units.
15.3 - Allows operator to indicate transaction source such as
branch or bookmobile stop.
15.4 - Transfers and processes backup unit transactions into
the main system files concurrent with normal system
activities.
15.5 - Provides exception reports for items not on file, i.e.,
books on hold, etc.
MM
.. • •
16.0 STATISTICAL REQUIREMENTS
The system is able to calculate, display and report the
following statistics as needed for daily, monthly and /or
year to date reports.
The System:
16.1 - Number of titles in the collection.
16.2 - Number of items in the collection
16.3 - Number of items in circulation including ephemeral
items.
16.4 - Number of borrowers.
16.5 - Number of transactions for check -in, check -out,
renewals, and reserves trapped.
16.6 -Sort and compile statistical data as specified in
the basic requirements for Reports and Notices above.
16.7 - Number of items withdrawn from the collection.
16.8 - Number of titles added to the bibliographic file.
16.9 - Number of items added to the item file.
16.10 - Number of titles withdrawn from the collection.
16.11 - Number of new borrower registrations
16.12 - Number of borrowers by residence code and /or geographic
code, using recall.
16.13 - Number of items which have not circulated during a
specified time, using recall.
16.14 - Number and type of Public Access Catalog inquiries.
16.15 - Collection usage statistics by Dewey classification,
or material type.
-62-
• •
17.0 AC UQ IONS
The System:
17.1 - Permits pre -order searching of desired titles by ISBN,
LCCN, Title, Author.
17.2 - Status information resulting from orders will display
in online catalog.
17.3 - System will produce purchase orders grouped by vendor.
17.4 - System accepts established claiming dates.
17.5 - Proper fund is encumbered.
17.6 - Should order deplete allocated funds below a pre-
established threshold in specific account, a visual
and audible alert occurs.
17.7 - System accepts input'only from authorized password
user.
17.8 - System accepts tracking information for individual
items within an order.
17.9 - Information regarding receipt of materials will
automatically update fund accounting.
17.10 -Claim action will be calculated based on pore - established
vendor parameters.
17.11 - Prints cancel notices to vendors and agency under
pre- established vendor parameters.
17.12 -Upon cancellation, system unencumbers the encumbered
fund accounts.
17.13 - Maintains on -line vendor records.
17.14 - System produces routing slips for received materials.
17.15 - Maintains current status of each identified account.
17.16 - System provides fund accounting by branch and material
type.
-63-
• •
18.0 SERIALS
The System:
18.1 - System maintains full MARC II bibliographic
records.
18.2 - Bibliographic record and holding information
are searchable on the on -line catalog.
18.3 - Serial Records contain frequency information.
18.4 - Orders of Serials cause corresponding change in
appropriate funds.
18.5 - Check -ins provide receipt date, next predicted
receipt date, alert for claiming.
18.6 - Claiming information produced automatically and on-
demand.
18.7 - System produces periodical holdings catalog upon
demand, distinguishing active and inactive titles.
18.8 -Items attached to serials record can be circulated
upon addition of barcode.
-64-
.. • •
19.0 INFORMATION AND REFERRAL
The System:
19.1 - Workform for data entry up to three files available
to create files.
19.2 - Information searchable through online catalog.
-65-
L
RIDER H
•
Additional Functional Capabilities
The System will permit the following to be used as
qualifiers in a search mode of the bibliographic file.
a. Publication Date
b. Format
gem
�I
1
•
•
RIDER I
SOFTWARE ESCROW SECURITY
(INSTAR, INC.)
ESCROW AGREEMENT
FOR
SOFTWARE PROGRAM SOURCE CODE A14D OTHER MATERIAL
This Agreement is entered into as of December 4, 1986
(the "Agreement Date "), between Instar, Inc., acting through
its SOFTWARE ESCROW SECURITY division, ( "Escrow Agent "), 49
Clinton Street, P.O. Box 0, Malden, MA 02148, a Massachusetts
corporation, and Dynix, INC (the "Supplier "), 1455 West 820
North, Provo, UT 84601 a UTAH corporation.
The parties agree as follows:
1. Purpose of Agreement
This Agreement establishes an arrangement under which
(a) Escrow Agent will store certain Materials deposited with
it by Supplier, and (b) a licensee of Supplier's computer
software programs who executes a Participating User Agreement
in the form attached hereto as Exhibit A
49 Clinton Street
P.O. Box 0
Malden, Massachusetts 02146
(617) 321.5900 -
A Division of
a
(a "User ") wil able to sectre from Es Agent access to
those Materials enumerated in its user agreement and stored
under this Agreement, under the circumstances, and subject to
the terms and conditions, specified below.
2. Material Covered
(a) For purposes of this Agreement, "Material" is
any material furnished by Supplier to Escrow Agent to be held
under this Agreement and any copies of such Materials made by
Escrow Agent.
(b) Escrow Agent understands (i) that Supplier
claims that Material contains information that is trade
secrets of itself or another person and (ii) that Material is
intended to constitute items useful to persons reasonably
skilled in computer technology for providing maintenance
support for computer software programs Supplier licensed to
its Users, in the event that any of these Users becomes
entitled to receive it.
(c) From time to time during the Escrow Period,
Supplier will furnish then- current Material to Escrow Agent
that is either new Material or in substitution for Material
in Escrow Agent's possession, and Supplier, acting through
persons indentified by code numbers assigned by Escrow Agent
by arrangement with Supplier, may remove any Material from
Escrow Agent's possession that ceases to be so useful.
Escrow Agent is not responsible for enforcing any obligation
Supplier may have undertaken with its Users to furnish
then- current Material.
(d) S ier acknowledges that E 0w Agent does
not intend, at Onot expected, to open any package
represented to contain Material, except in the circumstances
identified in paragraph 5 below, and hence, is not
responsible for determining whether the Material is so useful
and has no obligation to enforce Supplier's duties under this
Agreement.
(e) Supplier will retain copies of Material left in
Escrow Agent's possession and will furnish replacements of
Material to Escrow Agent promptly after each written request
and without charge. However, if the reason for the request
is that, through Escrow Agent's negligence or misconduct, any
Material was lost or damaged, Escrow Agent will reimburse
Supplier for the cost of the physical media so lost or
damaged (but not for any costs incurred in re- recording or
reconstructing the information recorded on such media).
3. Termination of User's Rights
A User will cease to be entitled to secure copies of
Material from Escrow Agent Pursuant to the provisions of this
Agreement, whenever (a) Escrow Agent receives a notice from
Supplier that the license agreement between Supplier and User
has been terminated and (b) User either so acknowledges to
Escrow Agent in writing or fails to notify Escrow Agent that
the license agreement has not been terminated within thirty
(30) calendar days after receipt of a copy of the notice to
that effect from Supplier to Escrow Agent.
U. Treatmqd1kof Material •
(a) Est will not furnish Material to any
person-other than Supplier, a User so- entitled, or another
person that is a party to an agreement similar to this
Agreement, except pursuant to an arbitration decision or the
final order of a court and will furnish Material only
pursuant to the provisions of this Agreement, or to such
arbitration decision or court order.
(b) Escrow Agent will protect Material from transfer
to unauthorized persons by the use of the same measures it
uses to protect its own documents of equivalent sensitivity
from such transfer.
5. Furnishing Material to Users
(a) Upon receipt of a copy of a fully executed
Participating User Agreement accompanied by an affidavit of
an authorized representative of the User ( "User's Affidavit ")
stating that Supplier failed , without cause on the User's
part, to furnish the User with maintenance support to the
extent provided for in the applicable license agreement with
Supplier or to render other performance under circumstances•
that entitle the User, as provided for there, to receive a
copy of the Material, Escrow Agent will send a copy of the
User's Affidavit to Supplier.
(b) (i) Unless, within thirty (30) calendar days
after Supplier's receipt of that copy (the "Thirty -day
Period "), Escrow Agent receives an affidavit of Supplier or
an authorized representative of Supplier ( "Supplier's
Affidavit ") disputing the facts set forth in the User's
Affidavit, prom after the expiration o• e� -day
Period, Escrow Agent will furnish a set of copies of the
applicable Material to the User.
(ii) The User will use, and protect, the Material
it so receives in accordance with the provisions of the
license agreement between it and Supplier.
(c) If, during the Thirty -day Period, Escrow Agent
receives the Supplier's Affidavit disputing the User's
Affidavit, or setting forth additional facts (for example,
the User's breach of a material obligation under its license
agreement with Supplier) which, in Supplier's sole judgment,
terminate the User's right to receive Material, Escrow Agent
will furnish a copy of the Supplier's Affidavit to the User
and will not furnish copies of Material to the User until it
receives satisfactory evidence of an agreement between
Supplier and the User or of an arbitration decision, or a
certified copy of a court order, directing it to.do so.
6. Compensation of Escrow Agent
All fees, expenses, and charges of Escrow Agent in
connection with the services it performs under the Agreement
will be paid in accordance with the provisions set forth in
Schedule I hereto.
7. Discharge of Escrow Agent
(a) Escrow Agent will be deemed to be discharged in
the event that Supplier removes all Material from its
premises. Supplier may do so acting entirely at its
discretion.
(b) Escrow Agent may resign as such, acting
entirely in its discretion, by giving Supplier and all
Users at least Oteen (15) calendar days&r notice.
Subject to the provisions of paragraph 5 above, promptly
after that resignation becomes effective, Escrow Agent will
furnish to Supplier all Material in its possession.
(c) Whenever Escrow Agent ceases to be such, it
will send a notice to that effect promptly to all Users.
8. Indemnity and Liability of Escrow Agent
(a) Supplier will indemnify Escrow Agent for, and
hold it harmless against, any loss,. cost, or expense incurred
or suffered in connection with, or as a result of, serving as
escrow agent, except any suffered as a result of Escrow
Agent's willful misconduct or gross negligence.
(b) Escrow Agent will not be liable to Supplier,
any User, or any other person for any harm that results from
any act or omission of Escrow Agent in connection with its
serving as Escrow Agent, except in the case of Escrow Agent's
willful misconduct or gross negligence. Without derogating
from the preceding sentence, Escrow Agent may act in reliance
upon any instruction, instrument, or signature believed to be
genuine and may assume that any person who purports to give
any writing, notice, request, advice, or instruction in
connection with this Agreement has been authorized to do so,
and Escrow Agent may act upon advice of counsel with respect
to any questions that arise under this Agreement.,
9. Notices
All "notices" provided for in this Agreement will be in
writing and will be addressed to the other party at the
0
respective addr• set forth above or to a0ther address
designated by that party by notice, and, if sent by mail,
will be certified or registered, return receipt requested.
10. Effect of Waiver
The waiver or failure of either party to exercise in any
respect any right provided for in this Agreement shall not be
deemed a waiver of any further or future right under it.
11. Applicable Law
This Agreement shall be governed by, subject to, and
construed according to the laws of the Commonwealth of
Massachusetts.
By:
Title:
SOFTWARE ESCROW SECURITY
(Supplier) a division of Instar, Inc.
By: fly k- o✓
Title: ()(^2��01
Dates Date: �Z 6u
SCHEDULE 1
COMPENSATION OF ESCROW AGENT
A. Annual Escrow Fee. Dynix, Inc will pay Software Escrow
Security an annual fee of $500.00, per product, payable with
30 days of billing.
B. Participating User Fee. Each Participating User will pay
Software Escrow Security an annual fee of $200.00, payable
within 30 days of billing. This fee based on the number of
registered participating users at time of registration.
C Updates Fees
Security $60.00
billing.
D Service Fees
Escrow Security
250.00 for each
billing.
Dynix, Inc will pay Software Escrow
for each update, payable within 30 days of
Each Participating User will pay Software
$100.00 for each deposit release request,
deposit release, payable within 30 days of
E Media Storage Charge Dynix, Inc will pay Software Escrow
Security 70.16 per cubic foot of media per year.
F. Expenses Dynix, Inc will pay Software Escrow Security
for any extraordinary expenses it incurs in connection with
serving as escrow agent at cost, copying, legal, traveling',
labor, delivery and etc.
DYNIX, INC.
(Supplier)
Title:
Date:
SOFTWARE ESCROW SECURITY
Division of Instar Inc.
By: Q wl^-
Title: (/VLQ a
Date: 17- g'� G
J
Z
rT1
7
C
U
0 EXHIBIT A 0
PARTICIPATING USER AGREEMENT
The undersigned ( "User ") acknowledges and agrees as
follows:
1) User acknowledges that it has received a copy of
the Escrow Agreement For Software Programs Source Code and
Other Materials (the Agreement ") entered into,
, 19 , between Software Escrow Security (Instar, Inc.)
( "Escrow Agent ") and ( "Supplier "); that it
has read the Agreement; and that it agrees to be bound by
and comply with all terms and conditions of that Agreement,
as applicable, as if it were a party to it.
2) The Material to which User can have access,
pursuant to the Agreement, is the following:
----------- --- --------- ---- ---- - -- --- ---- -------------
- ---
----- - ----------------- - ---- - --- -----
3) If Schedule I of the Agreement designates the
User as obligated to pay Escrow Agent any fees or charges,
User hereby expressly agrees to pay such fees and charges on
the terms of payment prescribed by Escrow Agent. If User
fails to make any payment when due, and fails to cure such
failure within five (5) business days after receiving a
notice thereof from Escrow Agent or Supplier, either of
them may terminate User's rights to the applicable Materials
by sending notice to User, with a copy to the other.
4) User expressly acknowledges and agrees that
Escrow Agent will not be liable to it for any harm that
results from any act or omission of Escrow Agent in
connection with serving as Escrow Agent, except in the case
of Escrow Agent's willful misconduct or gross negligence.
-----------------------------------
(User)
By:
Title:
Date:
9
49 Clinton Street
P.O. Box O
Alalden. Massachusetts 02148
16171321.3900
A Ui, i.lon of `�' [7
E
MAINTENANCE AGREEMENT BETWEEN
THE NEWPORT BEACH PUBLIC LIBRARY AND DYNM INC.
1987 at Newport Beach, California
This Agreement is made as ofJul v 13. , at by and between The
Newport Beach Public Library, (hereinafter referred to as "The Library"), having
its offices at 856 San Clemente Drive, Newport Beach, CA 92660 and DYNIX, Inc.
(hereinafter referred to as "DYNIX "), a Utah corporation having its offices at 1455
West 820 North, Provo, Utah 94601. The term " DYNIX" shall refer to the
company, its agents, and its sub - contractors.
1. CONTRACT DOCUMENTS
The contract documents shall consist of-
A. The Library's REQUEST FOR PROPOSALS dated December 18,1986;
B. DYNIX's PROPOSAL dated February 5,1987 (the "PROPOSAL ");
C. The Purchase Agreement between The Library and DYNIX dated
July 13, 1987.
D. This Agreement, including the following Rider attached hereto:
RIDER A: Maintenance Rates for Central Site Equipment
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, HARDWARE, and SOFTWARE described below as the
"SYSTEM" and The Library hereby purchases maintenance 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 datedJul v 13,19 ;bxcept the
telefacsimile equipment.
0
6
This Agreement shall commence after the expiration of DYNIX's
warranty on the SYSTEM as provided in Section 19 of the Purchase
Agreement dated and shall continue for a period of
five (5) years provided, however, that DYNIX agrees to supply replacement
parts at no additional cost for a period of five (5) years as provided for in
Section 19 of the Purchase Agreement between DYNIX and The Library.
This Maintenance Agreement may be terminated by The Library for any
reason with or without cause upon ninety (90) days written notice provided
to DYNDC by The Library.
4. MAINTENANCE DURING WARRANTY PERIOD
DYNIX will supply all preventive and remedial maintenance for the
SYSTEM without cost to The Library during the thirty (30) days following
successful completion of the Hardware Functionality Test. DYNIX will
extend this cost -free maintenance beyond warranty, for a period of time
equal to the amount of downtime exceeding two (2) percent during the
warranty period.
DYNIX agrees to supply complete maintenance including full preventive
and remedial maintenance for both HARDWARE and SOFTWARE.
6. SUB - CONTRACTING
DYNIX hereby accepts full responsibility for the obligations outlined by this
Agreement. The Library agrees that DYNIX may sub - contract some or all
of the performance of its duties provided for herein, provided that The
Library approves of the sub- contractor. Nothing in this paragraph shall be
interpreted as authorizing the assignment of this Agreement by DYNIX.
7. PREVENTIVE MAINTENANCE
DYNIX shall provide at least four central site preventive maintenance
visits per year. Preventive maintenance shall be performed at a time
mutually satisfactory to DYNIX and The Library. DYNIX shall specify to
The Library 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.
2
0 6
8. DIAGNOSIS OF PROBLEM
DYNDC shall maintain technical personnel stationed at its Provo, Utah
facility for purpose of providing a telephone customer service to report
problems and discuss questions about operations. For diagnosis of
problems, DYNDt technical personnel shall be able to dial The Library's
CPU directly. Such telephone customer service shall be available all of the
hours that The Library's SYSTEM is operational. DYNIX technical staff
will use its best efforts to respond to each reported problem within one (1)
hour.
9. MAINTENANCE RESPONSIBILITIES
A. Hardware Maintenance
(1) Unscheduled on -site remedial maintenance shall be performed
after notification that EQUIPMENT is inoperative or
malfunctioning. DYNIX shall provide The Library 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. Pacific time, Monday - Friday
Extended coverage outside of PPM is available as follows:
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 hour 7 day a week 90%
The Library may change or extend the hours of maintenance
coverage upon mutual agreement with DYNIX.
(3) Holidays excluded from unscheduled on -site remedial
maintenance service include:
0 •
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Eve (1/2 day)
Christmas Day
New Year's Eve (1/2 day)
(4) Maintenance personnel will furnish a malfunction incident
report to The Library upon completion of each unscheduled
on -site remedial maintenance call. The report shall include, as
a minimum, the following:
(a) Date and time of notification to DYNIX;
(b) Date and time of arrival of maintenance personnel;
(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
Library, on an exchange basis. Only new parts or refurbished
like new parts shall be used.
B. Licensed Software Maintenance
(1) DYNIX will provide all fixes, minor enhancements, releases, or
upgrades to the Licensed Software at no additional charge to The
Library. Such fixes, minor enhancements, releases, or
upgrades shall be provided with all appropriate documentation
for successful installation and implementation.
(2) DYNIX shall provide corrections to the Licensed Software at no
additional cost to The Library for any error, malfunction, or
defect which causes the Licensed Software to fail to perform in
accordance with functional specifications contractually
guaranteed by DYNIX.
(3) Unscheduled Software maintenance and Library Consultation
0 0
shall be provided at the following hours:
6 a.m. - 8 p.m. Pacific time, Monday - Friday
Holidays excluded from unscheduled Software maintenance and
Library Consultation service include:
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 Eve (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) Thirty (30) days is the maximum allowable for corrections to the
Licensed Software after The Library has notified DYNIX and
has provided documentation of the problem reported. Except for
causes beyond the control of DYNIX, if the correction to Licensed
Software does not occur within thirty (30) days, DYNIX agrees to
allow The Library to withhold 10% from the next subsequent total
software maintenance payment. The thirty (30) day period
provided herein may be extended by mutual agreement in
writing.
(6) DYNIX shall have no obligation to provide assistance in
correcting errors or problems arising in connection with any
modifications or alterations to the Licensed Software which has
been made by or on behalf of The Library without DYNDUs
express written consent.
C. Maintenance on Terminals and Peripheral Devices
(1) Items covered are detailed in Rider C.
J
(2) Maintenance will run for a period of one year. It may be
terminated on the anniversary of the contract. Maintenance
may continue with all equipment or either party may
discontinue maintenance for specific pieces of equipment. The
Library shall have the option of renewing the maintenance
agreement on a year to year basis.
(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 of equipment malfunctions The Library contacts
DYNIX for a "Return Materials Authorization" (RMA #). The
Library then ships the equipment to a DYNIX- designated repair
center. The item is repaired and returned to The Library at
DYNIX's expense.
(5) The Library may, at its option, request a replacement unit for the
item in repair. When a unit is sent to The Library it becomes the
property of The Library. The repaired item is instead returned to
DYNIX. Charges outlined in Rider C are billed to The Library
with the next regular invoice. Express delivery may also be
requested and billed with the next quarterly invoice.
(6) Equipment abused, physically or otherwise, 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 Library with sixty (60) percent of the balance.
Charges for spares and express shipping are not included in the
reduction.
(8) The remaining credit may be used for any hardware 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 maintenance paid, The Library shall receive no
maintenance credit for the year. No additional maintenance
costs shall be assessed, nor will credits held from previous years
(if any) be reduced.
2
r •
(10) If maintenance on peripherals is allowed to lapse, or if The
Library 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 thirty (30) days after successful
completion of the Hardware Functionality Test outlined in the
Purchase Agreement.
10. 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 Library's proper use of the SYSTEM in the applications for
which the SYSTEM was intended.
11. OBLIGATIONS OF THE LIBRARY
A. The Library shall be responsible for maintaining a sufficient
staff to handle normal day -to -day operation and support for the
SYSTEM, including such tasks as back -ups and report
handling. It is acknowledged and understood that the
maintenance and support service to be provided by DYNIX
hereunder is not intended to supplant The Library's day -to -day
operation and support for the SYSTEM.
B. The Library shall provide DYNIX full and free access to each
item of EQUIPMENT to allow DYNIX to provide maintenance
service thereon and a suitable place in which to perform such
service shall be made available to DYNIX. The Library shall
provide DYNIX all access to the SYSTEM which DYNIX believes
is necessary or desirable for the performance of any
unscheduled on -site remedial maintenance services. A
designated representative of The Library shall be in the building
whenever DYNIX personnel are present.
C. The Library shall provide suitable environmental conditions,
including space, heat, light, ventilation, cooling, electrical
power, current and grounding, and the like for the SYSTEM to
be maintained properly hereunder.
7
i •
D. The Library 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 DYNIY,
E. The Library shall be responsible for procuring and maintaining
(1) a telephone within operational reach of the central
equipment, (2) a modem accommodating 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 Library.
F. The Library shall provide and maintain appropriate logs and
records of day -to -day operation.
12. CHARGES AND PAYMENTS
A. Any maintenance selected by The Library pursuant to Section 9
(C) of this Agreement shall be governed by the charges outlined
in RIDER A of this Agreement. Said charges shall be due and
payable by The Library quarterly, in advance, beginning at the
end of the warranty period.
The Library has the option to pay the maintenance charges
monthly, annually, or semi - annually. If this option is exercised,
the payment would be adjusted according to DYNDf's standard
schedule.
For 1987 -88 The Library will pay pro -rated annual maintenance
in advance and for 1988 -89 The Library will pay annual
maintenance in advance, receiving a 5% discount on the charges
outlined in RIDER A, RIDER B, and RIDER C. If The Library
elects to have DYNDf provide all maintenance outlined in
RIDER A, a 10% surcharge will be charges on the actual cost of
the services to DYNIX.
B. Charges for on -site remedial maintenance provided other than
during the hours of contracted maintenance 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 and extending one hour
beyond.
(2) Travel expenses or per diem expenses.
(3) Time spent by maintenance personnel after arrival at the
site awaiting the arrival of additional maintenance
personnel and/or delivery of parts, tools, or other required
material after a service call has commenced.
(4) Unscheduled on -site remedial maintenance required 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 to a cause specified as a Library responsibility.
D. Following the first two (2) years this Agreement is in effect and
every year thereafter, all charges for 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. All charges for HARDWARE maintenance hereunder will
reflect actual charges for maintenance subcontractors, if any, to
DYNIX.
F. The Library shall be entitled, at its option, to contract directly
with a provider for the services specified herein. In the event
The Library exercises its option the monthly payment to DYNIX
shall be reduced by the cost of the service to DYNIX and the 10%
surcharge. The exercise of this option shall not constitute a
termination of this Agreement so long as The Library chooses to
have DYNIX supply any maintenance services.
G. In the event the SYSTEM fails to perform as required during the
0
9 0
five year period as provided for in Section 19 of the Purchase
Agreement between DYNIX and The Library, The Library may,
after notice to DYNIX of such deficiencies, withhold any
payments which may be due under this Agreement between
DYNIX and The Library. If DYNIX brings the SYSTEM into
compliance within ninety (90) days after such notification, The
Library shall thereafter pay any maintenance charges which
were withheld.
13. 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.
14. HOLD HARMLESS
DYNIX shall indemnify and hold harmless The Library, the City of
Newport Beach, the Newport Beach City Council, its boards and
commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs, and expenses whatsoever, including
reasonable attorneys' fees, regardless of the merit of any such claim or suit
arising from or in any manner connected to DYNIX's negligent
performance of services or work conducted or performed pursuant to this
Agreement.
DYNIX shall indemnify and hold harmless The Library, the City of
Newport Beach, the Newport Beach City Council, its boards and
commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorneys' fees, accruing or resulting to any and all persons,
firms, or corporations furnishing or supplying work, services, materials,
equipment, or supplies arising from or in any manner connected to
DYNIX's negligent performance of services or work conducted or
performed pursuant to this Agreement.
15, INSURANCE
On or before the commencement of the term of this Agreement, DYNIX
shall furnish The Library with certificates showing the type, amount, class
of operations covered, effective dates and dates of expiration of insurance
coverage in compliance with this Section. Such certificates, which do not
limit DYNIX's indemnification, shall also contain substantially the
10
following statement: "Should any of the above insurance covered by this
certificate be cancelled or coverage reduced before the expiration date
thereof, the insurer afforded coverage shall provide fifteen (15) days'
advance notice to the City of Newport Beach by certified mail, Attention:
Risk Manager ".
It is agreed that DYNIX shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance
required by this Agreement with an insurance company that is acceptable to
the City of Newport Beach and licensed to do insurance business in the State
of California.
A. Coverage
DYNIX shall maintain the following insurance coverage:
(1) Worker's Compensation
Statutory coverage as required by the State of California.
(2) Liability
Comprehensive general coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate products/
completed operations
$1,000,000 aggregate - all other
(if applicable)
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
11
B. Subrogation Waiver
DYNIX agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and
automotive liability insurance, DYNIX shall look solely to its
insurance for recovery. DYNIX hereby grants to the City of
Newport Beach, on behalf of any insurer providing comprehensive
general and automotive liability insurance to either DYNIX or the
City of Newport Beach with respect to the services of DYNIX
herein, a waiver of any right of subrogation which any such
insurer of DYNIX may acquire against the City of Newport Beach
by virtue of the payment of any loss under such insurance.
C. Failure to Secure
If DYNIX at any time during the term hereof should fail to secure
or maintain the foregoing insurance, the City of Newport Beach
shall be permitted to obtain such insurance in DYNIX's name or
as an agent of DYNIX and shall be compensated by DYNIX for the
costs of the insurance premiums at the maximum rate permitted
by law computed from the date written notice is received that the
premiums have been paid.
D. Additional Insured
The Library, the City of Newport Beach, the Newport Beach City
Council, its boards and commissions, officers, and employees
shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by
this Agreement. The naming of an additional insured shall not
affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional insured.
An additional insured named herein shall not be held liable for
any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the
insurance provided by this policy.
I . Uf ' ► / ►Y � ►Y C i C
DYNIX shall perform the services hereunder as an independent
contractor and shall furnish such services in its own manner and
12
U
u
method, and under no circumstances or conditions shall any agent,
servant, or employee of DYNDX be considered as an employee of The
Library.
17. NON- ASSIGNABILITY
No assignment of this Agreement or any right or interest therein by
DYNDC shall be effective unless The Library shall first give its written
consent to such assignment, which assignment may be withheld by the
discretion of The Library on any ground whatsoever. The performance of
this Agreement by DYNDI is of the essence of this Agreement.
18, GOVERNING LAW
This Agreement shall be governed, construed, and interpreted in
accordance with the laws of the State of California.
19. MODIFICATION OF AGREEMENT
The rights and obligations hereunder may not be changed, modified, or
waived except by an instrument in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement which
shall inure to the benefit of and be binding upon the successors of the
respective parties, to be signed and entered as of the date first mentioned
above.
13
E
WITNESSES;
WITNESSES:
ri D
City Clerk
Approved as to Form:
DYNIX, INC.
ITS:
0
Vice President
CITY OF NEWPORT BEACH PUBLIC LIBRARY
BY:
ITS:
,4 OCL 4
CITY OF NEWPORT
Carol A. Korade
Assisitant City Attorney
II
ITS:
14
-/-7-,97
RIDER
A
MAINTENANCE RATES FOR CENTRAL SITE EQUIPMENT
COMPONENT
ULTIMATE 6800
Includes:
PICK Operating System
2MB Memory
2 -515MB Disk Drive
80 Ports
1- 6250/1600 BPI Tape Drive
TAP Switch
1 Battery Backup
1 Power Filter
1 MVP 3001pm System Printer
15
$1,386.00
22.00
145.00
0
RIDER B
MAINTENANCE RATES FOR SOFTWARE
COMPONENT
Cataloging
Circulation
Public Access Catalog
MONTHLY MAINTENANCE
$175.00
Acquisitions Module
Serials Control Module
Information and Referral Module
Back Up Module
OCLC Interface
Multi -Site Microcomputer Patron Registration Module
W
145.00
75.00
145.00
145.00
30.00
20.00
30.00
N/C
• i
RIDER C
MAINTENANCE RATES ON TERMINALS AND PERIPHERAL EQUIPMENT
60/40 PLAN
17
REPAIR
REPLACEMENT
MONTHLY
EQUIPMENT
DEBI
UNIT
CHARGE
UNITS
TOTAL
CRT
$130
$55
8
59
472
Modem
$115
60
4
4
16
Light Pen
95
125
12
0
0
Laser Reader
$315
200
15
11
165
Screen Printers
$105
60
6
12
72
Portable Units
$315
200
15
2
30
Multiplexers
$290
varies
15
6
90
17
r'
s
• . C - 2-640 (/3)
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 13th day
of July , 1987, by and between the City of Newport Beach,
a Municipal Corporation, hereafter "CITY ", and DYNIX, Inc., a
Utah corporation, having its offices at 1455 West 820 North,
Provo, Utah 94601, hereafter "DYNIX ".
W I T N E S S E T H
WHEREAS, CITY has a need for Interim Automation Project
Manager, in carrying out CITY's Library Automation program; and
WHEREAS, DYNIX agrees to provide a DYNIX professional
employee, experienced in automation installation and the DYNIX
system to provide project management services; and
WHEREAS, at a meeting held on July 13, 1987, the City
Council of CITY authorized the City Manager and the Library Board
to enter into an agreement with DYNIX for provision of such
qualified person, full time, at the Newport Beach Public Library.
NOW, THEREFORE, in consideration of the covenants
hereafter set forth, the parties hereto agree as follows:
1. SCOPE OF SERVICES. DYNIX is hereby hired to
provide special project management. During the period of
service, the DYNIX employee supplied to the CITY will devote the
equivalent of a normal full -time work week in on -site service to
the Newport Beach Public Library.
1 of 3
2. STATUS. The DYNIX employee remains an employee
of DYNIX, Inc. during the period of the service to the CITY.
3. TERM. The term shall commence when both parties
have executed this Agreement, approximately July 15, 1987, and is
expected to conclude approximately October 15, 1987. The
Agreement may be extended and /or amended by mutual agreement of
the parties. •
4. TERMINATION. This Agreement may be terminated at
any time by either party by serving written notice at least
thirty days prior to such termination. The written notice
provision may be waived by mutual agreement of the parties.
5. TRANSPORTATION. Reimbursement at the standard
mileage rate provided by CITY for use of personal vehicles on
CITY business shall be provided to DYNIX when appropriate.
6. RECORDS AND TIMEKEEPING. DYNIX shall maintain
complete records of time expended pursuant to this Agreement.
7. HOURS WORKED, AND OFFICE QUARTERS. The hours
worked normally would be at business office hours of the CITY and
the Library Department. Office space will be provided at the
Newport Center Branch Library. Should alternate hours be
required to perform the services required, the overriding factor
will be the equivalent of the 40 hours work week.
2 of 3
8. COMPENSATION
be handled as follows:
DYNIX, Inc.
Compensation for services shall
a. The DYNIX employee shall be compensated by
b. The Library Department will pay DYNIX
Four thousand one hundred dollars ($4,100.00)
per month, for these services, to be billed
and paid monthly.
9. STATUS OF DYNIX EMPLOYEE. We understand that
DYNIX offers the services of its employee on a temporary basis
and has invested substantial amounts in the training of its
staff. DYNIX's primary asset is its staff.
Therefore, should the CITY hire the DYNIX employee
during this Agreement or within six (6) months thereafter, the
CITY shall be obligated to pay DYNIX twelve (12) months
compensation as indicated in paragraph Bb.
CITY OF NEWPORT BEACH
APPROVED AS TO FORM: j ) By : pw"t fit,
Robert L. Wynn, City Manager
City Attorney NEWPORT BEACH PUBLIC LIBRARY
By: /'
LaDonna T. Kienitz, City lcibirgrian
DYNIX, Inc.
By: 1�jn
�
3 of 3