1994-172 e:\wpdocs\ord\157475.o
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and negotiated
competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances; and
WHEREAS, the city Manager or a designated employee has reviewed
and recommended that the herein described bids are the lowest
responsible bids for the materials, equipment, supplies or services
as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
1657 ALL Dynix Inc., an Ameritech Co. $234,402.00
1600 ALL Maxwell Wholesale Supply, Inc. 59,029.00
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the invitations, request
for proposals, supplier proposals and related documents.
SECTION III. That should the city and persons submitting
approved and accepted items and of the submitted proposals wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposal, the City
Manager or his designated representative is hereby authorized to
execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms,
conditions, specifications, standards, quantities and specified
sums contained in the final negotiated response to the city's
request for proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted proposals, the city Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved proposal or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval. ~
PASSED AND APPROVED this the~day of~, 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY /
DEBRA A. DRAYOVITCH, CITY ATTORNEY
DATE: SEPTEMBER 20, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFSP #1657 - INTEGRATED LIBRARY SYSTEM
RECOMMENDATION: We recommend this proposal be awarded to the lowest
evaluated respondent Dynix Inc. in the amount of $234,402.00 (hardware included
in Bid #1671 Library Server and Workstations).
S~RY: This proposal includes an integrated library automation and information
delivery system for the Denton Public Library.
The major components included in this system are:
* System software
* Application software
* Data base preparation
* Installation services
* System, profile and application training
* User documentation
* Hardware maintenance
* Software maintenance
* Telephone support
* Source code
* Future planned expansion capabilities
Some of the features in the system are:
* Acquisitions
* Cataloging & authority control
* CD-ROM server/network integration
* Circulation
* Circulation off line backup
* Community information
* Electronic mail
* Gateway access
* Handicapped patron service
* Homebound patron service
* Image management and public access
* Interlibrary loan
* Journal citation access
* Locally mounted databases
* Materials booking
* Online public access catalog
* Physical inventory control
* Reserve collection management
* Report writer
CITY COUNCIL REPORT
SEPTEMBER 20, 1994
PAGE 2 OF 2
SUMMARY (CON'T):
* Serials control
* Voice notification and information system
* Z39.50 capability
* Plans for migrating to client-server and estimated or actual cost
The recommendation is based upon several factors of evaluation.
* Initial cost and five year service/annual service/maintenance contract
cost
* Ability to perform the requested services
* Interchangeable of hardware industry standards
* Guaranteed response time per transaction
* Ability to connect to City of Denton network and TWU Library System
Data Processing Advisory Board recommends approval.
BACKGROUND: Minutes from Data Processing Advisory Board
PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Library and
Information Services Division.
FISCAL IMPACT: Funds for the proposal are included in the Library Bond Funds
Account #451-033-LIBR-9403-9107.
dectfuIly submitted:
City Manager /
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purehasing Agent
UNOFFICIAL
MINUTES
REGULAR MEETING
DENTON LIBRARY BOARD
SEPTEMBER 8, 1994
7:30 P. M.
Present: Kjell Johansen, Kathy Pole, Jean Greenlaw, Linnie
McAdams, Dorothy Minter, Ema Ruth Russell, and Eva Poole
.Guests: Gary Collins, Jerry Drake, Data Processing AdvisOry Board
Absent: Alex Finlay
The meeting was called to order at 7:25 P. M. Approval of the
minutes of the previous meeting was deferred until later in the
meeting.
The Director of Information Services, Gary Collins, presented the
rationale for choosing the DYNIX system as the on-line integrated
computer system for the Public Libraries in the City of Denton.
· After responding to questions from the members of the Data
Processing Advisory Board (DPAB) and the Library Board, DPAB voted
to accept the DYNIX bid. DPAB requested from Mr. Collins that the
DYNIX bid be presented in a clearer and more detailed form.
The DPAB members left, and the Library Board listened to Mr. Jerry
Drake from the city Attorney's office explain "Legal Issues for
Board Members and Affirmation of Qualifications." After answering
some brief questions, Mr. Drake left, and The Library Board
conducted the following business:
1. Minutes of the meeting of August 5, 1994 were approved as
printed.
2. Passed a motion to accept the bid from DYNIX as a provider of
the software and some of the hardware for the library's
automated computer system.
3. Passed a motion to accept University Computer Stores, Denton
as a provider ~f the remaining hardware not provided by DYNIX.
4. Eva Poole reported that the city of Denton has approved an
amount of $147,492 for purchase of furniture, books, and
materials for the new branch library.
5. Regular meeting time for the Board was set for 6 P. M. of the
second Thursday of the month.
There was no further business, and the meeting was adjourned at
8:40 P.M.
Respectfully submi~ted,~
Kjell M. Johansen~..~/~/~
Secretary, Denton~Llbrary Board
PURCHASE AGREEMENT BETWEEN
DYNIX, INC.
AND
~ CITY OF DENTON
September 19, 1994
TABLE OF CONTENTS
Section. Page
1. FURNISHING OF EQUIPMENT AND SOFTWARE ............................. 1
2. CONTRACT DOCUMENTS ............................................ 1
3. DEFINITION OF TERMS .............................................. 2
4. SITE PREPARATION ................................................ 2
5. TRANSPORTATION AND INSTALLATION OF EQUIPMENT ...................... 3
6. RISK OF LOSS .................................................... 3
7. DATA LOADING ................................................... 3
8. ACCEPTANCE TESTS ............................................... 4
9. WARRANTY ...................................................... 4
10. PAYMENT SCHEDULE .............................................. 5
11. TAXATION ...................................................... 5
12. TITLE .......................................................... 6
13. TRAINING ....................................................... 6
14. DOCUMENTATION ................................................. 6
15. SOFTWARE LICENSE ............................................... 6
16. PATENT AND COPYRIGHT PROTECTION ................................. 8
17. INDEMNIFICATION AND LIMITATION OF LIABILITY ........................ 9
18. INSURANCE ...................................................... 10
19. SYSTEM MODIFICATION ............................................. 10
20. MAINTENANCE ................................................... 11
21. LIBRARY RESPONSIBILITIES .......................................... 11
22. FOREIGN COMPONENT INTERFACE ..................................... 11
23. ASSIGNMENT .................................................... 12
24. NO WAIVER ...................................................... 12
25. FORCE MAJEURE .................................................. 12
26. NOTICES ........................................................ 12
27. PUBLICITY ...................................................... 12
28. SEVERABILITY ................................................... 12
29. GOVERNING LAW ................................................. 12
30. NONDISCRIMINATION .............................................. 12
31. AGREEMENT EXTENSION AND MODIFICATION CLAUSE ...................... 13
32. NON-COLLUSION COVENANT ......................................... 13
33. HEADINGS NOT CONTROLLING ......................................... 13
34. ENTIRE AGREEMENT ............................................... 13
RIDERS
A Schedule of Activities ............................................... R-1
B Equipment List, Prices .............................................. R-3
C Software List, Prices ............................................... R-4
D DYNIX Services and Supplies, Prices ..................................... R-5
E Supplemental Products, Prices .......................................... R-9
F Network Products, Prices ............................................ R-10
G Price Summary ................................................... R-11
H Payment Schedule and Contract Milestones .................................. R-12
I Performance Standards .............................................. R-13
J Testing Procedures ................................................. R~17
K Maintenance Agreement .............................................. R-34
L Taxes ......................................................... R-46
M Source Code Escrow Agreement ........................................ R-47
N Operating System License ............................................ R-48
O Executive Summary, Network Products .................................... R-49
Rider D. DYNIX Services and Supplies, Prices
Rider E. Supplemental Products, Prices
Rider F. Network Products, Prices
Rider G. Price Summary
Rider H. Payment Schedule and Contract Milestones
Rider I. Performance Standards
Rider J. Testing Procedures
Rider K. Maintenance Agreement
Rider L. Taxes
Rider M. Source Code Escrow Agreement
Rider N. Operating System License
Rider O. Executive Summary, Network Products
Each of these documents is incorporated heroin 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 obligation pursuant to the above documents,
control shall be determined in the following order:
1. This Agreement
2. The Proposal
3. 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 conflict.
3. DEFINITION OF TERMS
A. Equipment: The items listed on Rider B hereto.
B. System: The total complement of Equipment and Software furnished and maintained by DYNIX which
are acquired to operate as an integrated group.
C. Licensed Software (or 'Software'): Each software product listed in Rider C, including
machine-readable object code (not source code) for such product, any user documentation for such
product, and any other related materials which are furnished to THE LIBRARY by DYNIX for use
in connection with such product.
D. Use: To cause the computer system as designated in Rider B to execute any machine-readable portion
of the Software or to make use of any documentation or related materials in connection with the
execution of any machine-readable portion of the Software.
E. Supplemental Products: Those products, listed on Rider E, acquired to operate in conjunction with
the System.
F. Network Products: Each telecommunications or data communications product specified in Rider F and
described in Rider O.
4. SITE PREPARATION
DYNIX will provide site specifications for all Equipment set forth in Rider B.
THE LIBRARY will, at its own expense, prepare the site or sites for installation of Equipment to comply
with the requirements set forth in the DYNIX Preinstall Guide furnished by DYNIX. Prior to commencing
CITY OF DENTON - PAGE 2
September 19, 1994
PURCHASE AGREEMENT
This Agreement is made and entered into by and between Dynix, Inc. (hereinafter referred to as "DYNIX~), a Utah
corporation, having its offices at 400 Dynix Drive, Prove, Utah 84604-5650, and the City of Denton (hereinafter
referred to as "THE LIBRARY"), having its of~ces at 502 Oakland, Denton, Texas 76201, The term "DYNIX~
shall refer to the company, its agents, and its sub-contractors.
RECITALS
WHEREAS, on August 4, 1994, DYNIX responded to a request for proposal (the "RFP") dated May 23, 1994,
proposing to provide certain Equipment, Software, Supplemental Products and Network Products, maintenance and
related services to THE LIBRARY, said request for proposal and DYNIX Response (the "Proposal") being on file
in the office of the director of TI~E LIBRARY; and
WHEREAS, THE LIBRARY now desires to contract with DYNIX to obtain the Equipment, licenses to the
Software, Supplemental Products and Network Products, hardware and software maintenance and other services
described in the Proposal and DYNIX desires to contract with THE LIBRARY to provide said Equipment, license
to the Software, Supplemental Products and Network Products, hardware and software maintenance and the
services described in the proposal;
NOW THEREFORE, in consideration of the mutual covenants, promises and undertakings contained herein, the
parties hereto hereby agree as follows:
1. FURNISHING OF EQUIPMENT AND SOl. WARE
Subject to the terms and conditions set forth herein, DYNIX agrees to provide at locations specified by THE
LIBRARY, and THE LIBRARY hereby agrees to purchase:
A, the Equipment listed on Rider B hereto (collectively the ~Equipment") at the price listed on Rider B.
B. the license for the use of the computer programs and related documentation listed on Rider C hereto
(collectively the "Software") at the price specified on Rider C.
C. the DYNIX services listed on Rider D at the prices specified on Rider D.
D. the Supplemental Products at the prices specified on Rider E.
E. the Network Products at the prices specified on Rider F.
F. the maintenance services listed in Rider J according to the payment schedule set out in Exhibits A, B,
C, D, and E of Rider J.
2. CONTRACT DOCUMENTS
The contract documents are:
A. LIBRARY's Request for Proposal dated May 23, 1994; (the "RFP");
B. Proposal Prepared by DYNIX, Inc. - dated August 4, 1994; (the "Proposal");
C. This Agreement, including the following Riders attached hereto:
Rider A. Schedule of Activities
Rider B. Equipment List, Prices
Rider C. Software List, Prices
CITY OF DENTON - PAGE 1
September 19, 1994
installation during the installation trip, DYNIX shall inspect the computer site and provide a written report
certifying compliance with the requests or indicating any deficiencies in the site.
THE LIBRARY acknowledges that DYNIX must carefully coordinate the schedules, its people, and other
resoumes to successfully meet the installation of its clients. THE LIBRARY further acknowledges that
significant delays in the schedule adversely affect DYNIX and may cause unrecoverable costs and expenses.
5. TRANSPORTATION AND INSTALLATION OF EQUIPMENT
A. TRANSPORTATION
1. Upon written notification by THE LIBRARY that the site(s) have been or shall, by a specified
date, be prepared for installation, DYNIX shall place the order and arrange for transportation
of Equipment to the site(s).
2. Shipments by the parties to and from the installation site(s) shall be made by commercial carrier
and/or by vehicle properly constructed for shipment of electronic and computer Equipment.
3. All computer room Equipment shall be delivered as "inside deliveries" to the installation site.
4. Equipment shall be preserved, packed and marked in accordance with standard shipping
practices.
5. THE LIBRARY shall receive all shipments from vendor and care for the same in a prudent
manner until DYNIX arranges for its installation.
B. INSTALLATION
1. DYNIX shall furnish all necessary labor, materials, and other services listed on Rider D,
Schedule 3 required to accomplish installation at the sites specified in Rider D, Schedule 3.
THE LIBRARY shall make all the necessary arrangements to allow DYNIX personnel sufficient
work space and access to the installation locations during normal business hours or at such other
times as may be mutually agreed upon.
2. When the System has passed the Hardware Functionality Test, DYNIX shall certify to THE
LIBRARY that the installation is complete. The Hardware Functionality Test must be
completed prior to DYNIX commencing with the installation of peripheral equipment.
6. RISK OF LOSS
DYNIX is responsible for all risks of loss or damage to Equipment, Supplemental Products or Network
Products furnished under this Agreement until delivery is made inside THE LIBRARY premises. Thereafter
THE LIBRARY will be responsible for risks of loss or damage, except for loss or damage caused by
DYNIX in the process of installation.
7. DATA LOADING
DYNIX will load THE LIBRARY data as outlined in Rider D, Schedule 4 with further definitions as jointly
agreed upon by DYNIX and THE LIBRARY.
CITY OF DENTON - PAGE 3
September 19, 1994
8. ACCEPTANCE TESTS
A. HARDWARE FUNCTIONALITY TEST
The purpose of the Hardware Functionality Test is to ascertain that the Equipment listed on Rider B
as installed is operational. The test will be performed as set forth in Rider J, Schedule 1.
B. SYSTEM RELIABILITY TEST - PILOT OPERATION
The purpose of the System Reliability Test is to demonstrate and verify that the System operates at
a 98 % reliability level for an extended period of time. This test may overlap other tests. The test will
be performed as set forth in Rider J, Schedule 2.
C, MODULE FUNCTIONALITY TEST(S)
The purpose of the Module Functionality Test is to verify that the required functional capabilities of
the Software have been delivered. This test may overlap other tests. The test will be performed as
set forth in Rider J, Schedule 3.
D. DATA LOAD TEST
The purpose of the Data Load Test is to demonstrate and verify that THE LIBRARY's data files will
be properly loaded. This test will be performed after all test records have been loaded and processed
onto the System. This test may overlap other tests. The test will be performed as set forth in Rider
J, Schedule 4.
9. WARRANTY
A, PERFORMANCE LEVELS
DYNIX warrants that the System provided pursuant to this Agreement will meet or exceed the
performance standards specified in Rider I at the activity levels and data storage capacity levels
described therein. In the event that the System fails to perform at the levels specified any time within
five years after the installation of tho System, DYNIX will provide at no additional cost to THE
LIBRARY additional Hardware and Software necessary to bring the System into compliance with these
requirements. The Response Time Test described in Rider I shall be used to determine whether the
System meets the performance standards or not.
B. OTHER WARRANTIES
1. DYNIX warrants that DYNIX has the right to license the Software and to sell the Equipment,
Supplemental Products and Network Products which are described in Riders B, C, E and F
of this Agreement.
2. DYNIX warrants that THE LIBRARY shall acquire good and clear title to tho Equipment,
Supplemental Products and Network Products purchased hereunder, free and clear of all liens
and encumbrances.
3. DYNIX warrants that the Software and Supplemental Products delivered will comply with the
functions defined by the Documentation.
CITy OF DENTON - PAGE 4
September 19, 1994
4. DYNIX warrants that all of the Equipment described in Rider B will be delivered new and not
as "used~ Equipment unless the fact that Equipment has been used has been disclosed to THE
LIBRARY.
5. DYNIX warrants that all Equipment, Software, Supplemental Products and Network Products
described in this Agreement will be maintained by DYN1X at DYNIX's expense until THE
LIBRARY commences paying maintenance charges pursuant to the Maintenance Agreement in
Rider K.
6. DYNIX warrants that it is an authorized distributor for the sublicensed software and that with
the execution of the Sublicense Agreement in Rider N, THE LIBRARY will have the fight to
use the sublicensed software needed for operation of the System.
The warranties specified in Sections 9.A. and B. above do not cover damage, defect, malfunctions or
failure caused by: (i) failure by THE LIBRARY to follow DYNIX's and the manufacturer's
installation, operation, or maintenance instructions or its failure to fulfill its obligations under this
Agreement, (ii) THE LIBRARY's modification or relocation of the System, (iii) THE LIBRARY's
abuse, misuse or negligent acts. (iv) power failure or surges, lightning, fire, flood, accident, actions
of third parties and other events (including those de,scribed in Section 25) outside DYNIX's reasonable
control, and (v) improper operating environment for the System, including insufficient electrical and
telecommunications connections.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES OF ANY TYPE WHETHER EXPRESSED OR IMPLIED, INCLUDING
WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. PAYMENT SCHEDULE
A. Payment is due within 30 days upon receipt of invoice for successful completion of contract milestones
and acceptance tests. Payment is calculated as a percentage of the total of the system price as listed
in Rider G except as noted in paragraph C below. Payment percentages and corresponding milestones
are detailed in Rider H.
B. Invoices shall be submitted to THE LIBRARY at the address contained in the first paragraph of this
Agreement.
C. In the event that DYNIX, per written instructions from THE LIBRARY that the sites are ready for
installation, delivers Equipment to the site(s) and due to delays by THE LIBRARY or its agents the
installation may not proceed within fourteen (14) days of the date specified in 5.A.(1), the following
amount shall be due and payable to DYNIX: (1) the contract amount for such Equipment delivered;
(2) shipping and transportation charges for same; and (3) any applicable taxes. DYNIX shall submit
an invoice for the above amount along with a new payment schedule showing the immediate
subsequent milestone payments reduced by the amount of the invoice.
11. TAXATION
THE LIBRARY represents that it is subject to taxation only as set forth in Rider L. THE LIBRARY agrees
to indemnify DYNIX for all taxes which DYNIX may be required to pay which DYNIX would normally
be required to collect and pay which do not appear in Rider L or have not been paid by THE LIBRARY,
together with any legal fees, penalties, interest and/or other charges which may be incurred by DYNIX in
relation to the assessment and payment of taxes not listed in Rider L.
CITY OF DENTON - PAGE 5
September 19, 1994
12. TITLE
Title to the Equipment shall pass from DYNIX to THE LIBRARY upon successful completion of the
Hardware Functionality Test described in Rider J.
13. TRAINING
DYNIX will provide training sessions on the operation and use of the System for THE LIBRARY's
personnel as set forth in Rider D, Schedule 2 at times to be agreed upon by DYNIX and THE LIBRARY.
DYNIX agrees to provide at DYNIX's then published rates periodic review sessions and training then being
offered. Any additional training requested as a result of hardware and/or software upgrade to the System
purchased under this Agreement will be provided as agreed upon by DYNIX and THE LIBRARY.
14. DOCUMENTATION
DYNIX shall provide system documentation and training manuals in various formats for the operation and
maintenance of the System. Such documentation shall include:
A. One copy of applicable DYNIX produced documentation, users manuals, training materials and
subscriptions.
B. Appropriate user documentation for all peripherals supplied by DYNIX, including at least one copy
per site of each of the manuals for each type of equipment installed at that site, to arrive with the
peripherals.
C. One set of documentation for the computer that describes such activities as system boots, file saves,
tape loading, and proper handling of the hardware. Said documentation will arrive with the CPU.
THE LIBRARY may photocopy or otherwise reproduce DYNIX copyrighted documentation and training
mater/als for training or other internal uses provided that DYNIX's statement of copyright be included on
each copy.
15. SOFTWARE LICENSE
A. GENERAL
Subject to the terms and conditions hereinafter set forth, DYNIX hereby grants to THE LIBRARY
a nontransferable, nonexclusive and royalty-free lieanse (the ~License") to use the Licensed Software
solely in the conduct of the business of THE LIBRARY on the specific computer or computers listed
in Rider g and for the number of users specified in Rider C. Licensed Software will be provided by
DYNIX to THE LIBRARY pursuant to the terms of this Agreement, only in machine-readable object
code. THE LIBRARY acknowledges that by virtue of this License, THE LIBRARY acquires only
the right to use the original and permitted duplicate copies of the Licensed Software as described
berlin and does not acquire any rights of ownership in the Licensed Software which rights shall remain
exclusively with DYNIX. The term of License shall commence upon delivery of the first module of
Licensed Software and shall remain in force as long as THE LIBRARY is in compliance with all the
provisions of the Agreement.
CITY OF DENTON - PAGE 6
September 19, 1994
B. PAYMENT OF LICENSE FEE
THE LIBRARY agrees to pay DYNIX a one-time license fee for the use of the Licensed Software in
the amount specified in Rider C hereto.
C. RIGHT TO COPY
No portion of the Licensed Software or any updates or er',hancements to the Licensed Software may
be duplicated by THE LIBRARY except that THE LIBRARY may make copies of the
machine-readable portion thereof for normal security backup purposes, provided that THE LIBRARY
properly reproduces on each such copy all notices of DYNIX's patent, copyright, trademark, or trade
secret rights.
D. TITLE TO SOFTWARE
DYNIX retains ownership of all Licensed Software and related documentation.
Within thirty (30) days from the date of THE LIBRARY's discontinuance of the use of any portion
of the Licensed Software licensed hereunder, THE LIBRARY shall furnish DYNIX with written notice
certifying that through its best efforts and to the best of its knowledge, all machine-readable code, user
documentation or other related materials provided to THE LIBRARY with such Licensed Software,
including any copies thereof, whether in whole or in part, have been destroyed or returned as follows:
1. All documents relating to such discontinued portion of the Licensed Software shall be returned
to DYNIX; and
2, The originals and all copies of any machine-readable materials containing all or any portion of
the discontinued Licensed Software shall be destroyed or purged so as to totally remove from
such machine-readable materials all codes relating to the discontinued portion of the Licensed
Software.
E. MATERIALS DEVELOPED BY DYNIX OR THE LIBRARY
THE LIBRARY agrees that all training and procedural materials developed by DYNIX in conjunction
with the Lieansed Software or Supplemental Products shall be the property of DYNIX. THE
LIBRARY further agrees that additions and supplements to the Licensed Software or Supplemental
Products which may be developed for THE LIBRARY through the reimbursed or unreimbursed efforts
of DYNIX employees or agents shall be the exclusive property of DYNIX. All software developed
by THE .LIBRARY acting without DYNIX shall be the exclusive property of THE LIBRARY.
F. PROPRIETARY RIGHTS
DYNIX retains for itself, and THE LIBRARY acknowledges that DYNIX so retains, all proprietary
rights in and to all designs, engineering details, and other software pertaining to the System, and any
and all such Systems. The Licensed Software and the configuration of the Equipment shall be deemed
to be the trade secrets of DYNIX. THE LIBRARY shall not reverse assemble, reverse compile or
translate any portion of the Licensed Software.
G. PROTECTION OF PROPRIETARY INFORMATION
THE LIBRARY recognizes and agrees that all Software and updates of Licensed Software which are
provided to THE LIBRARY:
1. are considered by DYNIX to be trade secrets of DYNIX;
CITY OF DENTON - PAGE 7
September 19, 1994
2. are furnished by DYNIX to THE LIBRARY in confidence; and
3. contain proprietary and confidential information.
DYNIX's placement of a copyright notice on any portion of any Licensed Software or any update to
such Licensed Software will not be construed to mean that such portion has been published and will
not derogate from any claim that such portion is a trade secret or contains proprietary and confidential
information of DYNIX.
THE LIBRARY agrees to hold all such Licensed Software and updates and enhancements to the
Licensed Software, in confidence at least to the extent that it protects its own similar confidential
information and to take all reasonable precautions consistent with general accepted standards in the
data processing industry to safeguard the confidentiality of such information. No portion of any update
or enhancement to the Licensed Software may be disclosed, furnished, transferred or otherwise made
available by THE LIBRARY to any person except to those of its employees who need to use such
information in accordance with this Software License. THE LIBRARY agrees to take appropriate
action by instruction, agreement and otherwise with its employees to inform them of the trade secret,
proprietary, and confidential nature of the Licensed Software and the updates and enhancements
disclosed to THE LIBRARY under this Agreement, and to obtain their compliance with the terms
hereof. The obligations of this paragraph will survive the termination of this Agreement.
H. ACCESS TO SOURCE CODE
Copies of the Licensed Software in machine-readable source code along with necessary documentation
for installing, maintaining or modifying the Licensed Software have been deposited with Data
Securities International, Inc., of San Diego, California, under a Deposit Agreement ("Escrow
Agreement") as set forth in Rider M. DYNIX shall maintain in good force for the duration of this
Agreement an Escrow Agreement and will not cancel or modify said Escrow Agreement without thirty
days notice to THE LIBRARY. As a Registered Licensee THE LIBRARY shall be entitled to access
the materials in escrow if it is covered at the time of request by software maintenance and according
to the terms of the Escrow Agreement essential services cannot be made available lo THE LIBRARY
by DYNIX. The Software Users' Group is, for purposes of the Deposit Agreement Article 2, a
Registered Licensee through which THE LIBRARY, as a users' group member in good standing, shall
be able to make request for the materials in escrow. By paying an annual fee to become a Registered
Licensee, THE LIBRARY becomes eligible to request escrow materials independently of the Software
Users' Group under the conditions described in the Escrow Agreement.
I. OWNERSHIP OF DATA
THE LIBRARY retains for itself, and DYNIX acknowledges that THE LIBRARY so retains,
ownership and fights of ownership to all bibliographic, authority, item, patron, and associated
transaction records entered into the database or created by the System. DYNIX shall not, without
THE LIBRARY's written consent, copy or use such records, except to carry out contracted work, and
will not transfer such records to any other party not involved in the performance of this Agreement.
THE LIBRARY shall have the right, without the consent of DYNIX, to extract as THE LIBRARY's
property such data using system utilities and at no cost to THE LIBRARY.
16. PATENT AND COPYRIGHT PROTECTION
DYNIX will: (1) assume the defense of any suit brought against THE LIBRARY for infringement of any
United States patent or copyright to the extent it is based upon the Equipment or Licensed Software provided
under this Agreement; (2) defray the expense of such defense; and (3) indemnify THE LIBRARY against
any monetary damages and/or costs including attorney's fees in such suit; provided that: (l) DYNIX is given
CITY OF DENTON - PAGE 8
September 19, 1994
sole and exclusive control of the defense of such suit and sole and exclusive control of negotiations relative
to the settlement thereof; (2) the liability claimed shall have arisen solely because of DYNIX's selection as
to the design or composition of the Licensed Software or the Equipment, and that the Licensed 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 of any claim with respect to which THE LIBRARY
asserts that DYNIX assumes responsibility under this Article within 10 days of receipt of notice of such a
claim b~ THE LIBRARY.
Should any Equipment or Licensed Software which has not incurred any unauthorized modifications or
combinations become, or in DYNIX's opinion be likely to become, the subject of a claim of infringement,
then THE LIBRARY shall permit DYNIX, at DYNIX's option and expense, either to: (i). procure for THE
LIBRARY the right to continue using the Equipment and Licensed Software, or (ii). replace or modify the
Equipment or Licensed Software so that it becomes non-infringing and functionally equivalent, or upon
failure of (i) and (ii), despite the reasonable efforts of DYNIX, (iii). buy back the Equipment or Licensed
Software at THE LIBRARY's net book value.
THIS ARTICLE STATES THE ENTIRE LIABILITY OF DYNIX FOR PATENT OR COPYRIGHT
INFRINGEMENT BY THE LICENSED SOFTWARE OR THE EQUIPMENT OR ANY PORTIONS
THEREOF.
17. INDEMNIFICATION AND LIMITATION OF LIABILITY
DYNIX shall assume the defense of, and indemnify and save harmless, THE LIBRARY, its officers and
employees from and against all damages and liability resulting directly from negligence or willful misconduct
of DYNIX in the performance of this Agreement.
DYNIX shall effect the repair or replacement of the system or correct the performance of its services in
accordance with Section 9, and this shall constitute its and its suppliers' sole liability for any failure or
defects of such system or services;
DYNIX's and its suppliers' liability on any claims for damages, losses or expenses arising out of this
agreement except as provided in Section 16, Rider I, the preceding paragraph, or fbr personal injury and
damage to tangible personal property claims, shall be limited to direct damages and shall not exceed the
system purchase price;
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER DYN1X, ITS
AFFILIATES, SUBSIDIARIES, PARENT CORPORATION, ANY OF ITS PARENT
CORPORATIONS AFFILIATES OR SUBSIDIARIES, INCLUDING THElR OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, NOR DYNIX SUPPLIERS, INCLUDING THEIR
OVFICERS, DIRECTORS, EMPLOYEES OR AGENTS NOR THEIR SUBSIDIARIES, SHALL BE
LIABLE TO OR THROUGH THE LIBRARY FOR ANY INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIM1TED TO LOST PROFITS, LOST
REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN
coNNEcTION WITH THE PERFORMANCE OR NONPERFORMANCE OF WORK UNDER THIS
AGREEMENT AND ANY AMENDMENTS THERETO, OR THE PROVISION, USE OR
OPERATION OF THE SYSTEM OR SERVICES PROVIDED OR SOLD HEREUNDER,
REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE
FORESEEABLE;
THIS ;ECTION 17 SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY.
CITY OF DENTON - PAGE 9
September 19, 1994
18. INSURANCE
During the performance of this Agreement, DYNIX will maintain in full force and effect the following
insurance coverage:
A. Worker's Compensation
Full Worker's Compensation in full compliance with applicable state statutes.
B. General Liability Insurance
DYNIX shall provide sufficiently broad coverage to include:
General Liability Insurance
Personal Injury Liability
The amount oftbe policy shall be no less than $1,000,000 Single Limit per occurrence, issued by an
insurer licensed to do business within the State of Texas.
DYNIX will have a Certificate of Insurance completed and filed with the director of THE LIBRARY
within thirty (30) days of the execution of this Agreement. No cancellation, change in coverage, or
expiration by the insurance company or the insured shall occur during the term of this contract,
without thirty (30) days written notice to THE LIBRARY prior to the effective date of such
cancellation or change in coverage. The City shall be named as an additional insured.
19. SYSTEM MODIFICATION
A. LIBRARY PARAMETERS
The System allows authorized library staff to change most parameters without programmer
intervention. These parameters may be modified by THE LIBRARY without consulting DYNIX at
any time. Library parameters include circulation rules, statistical category definitions, library hours,
passwords, and so on. The complete list is contained in the Preinstall Guide and in the System
Administrators Manual.
B. INSTALL PARAMETERS
Certain parameters are not under direct library control and must be set or modified by trained DYNIX
staff. Such install parameters are set forth in the pminstall Guide. THE LIBRARY, with guidance
from DYNIX, will choose how these parameters are to be set prior to installation. However, THE
LIBRARY shall have ninety (90) days from the initial training on each module to request modifications
to the install parameters for that module at no additional charge. This does not include MARC MAP
PARAMETERS in Section 19.C. below. Install parameters include changing or adding search display
screens, fields on patron and item records, and so on. Following the time period for requesting
modifications or after THE LIBRARY has made a set of modifications for a given module, subsequent
modifications will be billable at DYNIX's then published rates for hourly custom programming.
C. MARC DISPLAY AND INDEXING PARAMETERS
Parameters for loading, displaying, indexing and outputting MARC records are controlled by the
MARC MAP PARAMETERS. Bibliographic records shall be loaded initially using the default display
and indexing map tables described in the Preinstall Guide. Holdings records shall be created using
specifications supplied by THE LIBRARY. THE LIBRARY may modify the MARC DISPLAY MAP
CITY OF DENTON - PAGE 10
September 19, i994
without DYNIX intervention at any time. After the initial load, THE LIBRARY may request one
remap of the MARC INDEXING MAP at no additional cost. Remap requests shall be submitted to
DYNIX on the appropriate DYNIX forms. Additional MARC indexing remaps shall be billable at
DYNIX's then published rates.
D. SOFTWARE ENHANCEMENTS AND NEW RELEASES
DYN[X may provide, from time to time as part of the Maintenance Agreement, modifications of the
construction and/or 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 provide THE LIBRARY the necessary installation
software and THE LIBRARY shall be able to install the said modifications at their convenience.
DYNIX personnel will be available during normal business hours for consultation should THE
LIBRARY encounter difficulty installing the modifications. In the event that DYNIX provides such
modifications to THE LIBRARY, DYNIX shall supply documentation 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 maintananee 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 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
aceepting such releases.
20. MAINTENANCE
DYNIX and THE LIBRARY hereby enter into an agreement for maintenance of the central site hardware,
Software and Network Products described in the Maintenance Agreement attached hereto as Rider K for
maintenance for Central Site Hardware, Software and Network Products. Prior to the end oftbe warranty
period for the Supplemental Products and other Equipment named in this Agreement, DYNIX shall submit
maiatenance options and prices to THE LIBRARY.
21. LIBRARY RESPONSIBILITIES
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 installation or
implementation of the System and other products. Once the installation has been completed, THE LIBRARY
will manage and operate the System and other products.
22. FOREIGN COMPONENT INTERFACE
THE LIBRARY is hereby authorized to attach to the System equipment supplied by a vendor other than
DYNIX, provided said equipment consists of peripberal devices which will not adversely affect the operation
and performance of the System and DYNIX is notified in writing of such equipment. If requested, DYNIX
will consult with THE LIBRARY at DYNIX's then published rates regarding the compatibility and
installation of the proposed equipment with the System. The foreign equipment shall be disconnected when
conducting performance tests.
CITY OF DENTON - PAGE 11
September 19, 1994
23. ASSIGNMENT
No assignment of this Agreement or any right or interest herein by either party shall be effective unless the
other party shall first give its written consent to such assignment. The performance of the Agreement by
DYNIX is the essence of this Agreement. Notwithstanding, DYNIX may, without THE LIBRARY's
consent, assign this Agreement to an affiliate or subsidiary of DYNIX or its parent corporation, or assign
its rights to receive payments hereunder.
24. NO WAIVER
No waiver of any breach of any term or condition of this Agreement shall be construed to waive any
subsequent breach of the same or any other term or condition of this Agreement.
25. FORCE MAJEURE
The parties will exercise every reasonable effort to meet their respective 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, compliance with any Government law or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, transportation problems and/or any other cause whatsoever
beyond the reasonable control of the parties.
26. NOTICES
All notices given hereunder will be sent registered, certified or overnight delivery, addressed to the other
party at the addresses shown in the first paragraph of this Agreement or such other address as either party
may specify in writing.
27. PUBLICITY
DYNIX agrees to submit to THE LIBRARY all press releases, advertising, sales promotions, and other
publicity matters related to any product furnished by DYNIX to THE LIBRARY wherein THE LIBRARY's
name is mentioned, excluding the DYNIX customer list and newsletter. DYNIX shall not publish nor
knowingly permit to be published any such material without the prior written consent of THE L1BRARY.
28. 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.
29. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas. Either party is entitled to recover from
the breaching party reasonable Attorney's fees incurred as a result of any breach of this Agreement.
CITY OF DENTON - PAGE 12
September 19, 1994
30. NONDISCRIMINATION
Neither DYNIX, nor any officer, agent, employee, servant or subcontractor of DYN1X shall discriminate
in the treatment or employment of an individual or groups of individuals on the grounds of race, color,
religion, national origin, age, sex or disability unrelated to .job performance, either directly, indirectly or
through contractual or other arrangements.
31. AGREEMENT EXTENSION AND MODIFICATION CLAUSE
The Agreement may be modified or extended in accordance with the following procedures: In the event that
all parties to the Agreement agree that such changes would be of a minor and nonmaterial nature, such
changeo may be effected by a written statement in accordance with Texas law which describes the situation
and is signed, prior to the effectiveness, by both parties. In the event that the changes are determined by
either or both parties to the Agreement to be of a major or complex nature, then the change shall be by
formal amendment of the Agreement signed by the parties and made a permanent part of the Agreement.
32. NON-COLLUSION COVENANT
DYNIX hereby represents and agrees that it has in no way entered into any contingent fee arrangement with
any firm or person concerning the obtaining of this Agreement with THE LIBRARY. DYNIX has received
from THE LIBRARY no incentive or special payments, or considerations not related to the provision of
automation systems and services described in this Agreement.
33. HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
34. ENTIRE AGREEMENT
This Agreement, including the documents incorporated by reference, contains 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.
CITY OF DENTON - PAGE 13
S,:ptember 19, 1994
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 last date indicated below.
WITNESSES: DYNIX, I.~
Its: Vice President
Date:
WITNESSES: D ENT~ON//~BLIC LI~_R~. ~' J//
CITy OF DENTON - PAGE 14
September 19, 1994
RlDER A
SCHEDULE OF ACTIVITIES*
Party
Date to Finish Responsible Tasks
0 days Joint Contract execution
DYNIX Certificate of insurance
THE LIBRARY Prepare purchase order for equipment
THE LIBRARY Prepare purchase order for supplies
THE LIBRARY Schedule delivery to DYNIX of data files
DYNIX Provide preinstallation packet
DYNIX Provide site specifications
THE LIBRARY Plan Central Site modifications as needed
DYNIX Approve site preparation plans
THE LIBRARY Begin site preparation
Joint Preinstallation overview at DYNIX (Orientation)
DYNIX Order regular barcodes
THE LIBRARY Complete site preparation
THE LIBRARY Prepare site with phone(s)
DYNIX Deliver Equipment
Signing + 90 days DYNIX Install Equipment
DYNIX Hardware Functionality Test
DYNIX Certify installation complete with installation invoice
DYNIX Load software
Joint Data Load Test
Signing + 120 days DYNIX Load data files
DYNIX Process files for custom barcodes
Joint Train on system operations & cataloging
THE LIBRARY Begin patron registration
DENTON PUBLIC LIBRARY - PAGE R-1
September 19, 1994
RIDER A (cont'd)
Party
Date to Finish Responsible Tasks
Joint Begin System Reliability Test
Joint Begin Functionality Test
DYNIX Deliver custom barcodes
THE LIBRARY Label collection
Joint Train on circulation
Signing + 210 days THE LIBRARY Begin online circulation
THE LIBRARY Complete System Reliability Test
*Upon contract execution, THE LIBRARY and DYNIX will have fourteen (14) days to draft a preliminary
Schedule of Activities which will be met by DYNIX if THE LIBRARY meets its contractual obligations. The final
schedule will be reviewed and accepted during orientation.
DENTON PUBLIC LIBRARY - PAGE R-2
September 19, 1994
RIDER B
EQUIPMENT
TOTAL
QTY COMPONENT UNIT PRICE.
CENTRAL SITE HARDWARE//8915
106 PCH Cable 9 954
53 UniVerse License (per port) 475 25,175
I UniVerse Documentation 180 180
1 Dataproducts 9040 Small System Printer 954 954
1 Dataproducts 9040 Owners Guide 35 35
1 System Console 467 467
I Console to CPU RS1 Cable 35 35
1 TAP Terminal 467 467
1 Dynix Maintenance Modem 845 845
1 Modem Cable 60 60
SUBTOTAL - Dynix Central Site Hardware $29,172
PERIPHERALS
3 SVGA Color Monitor 354 1,062
9 Intermec 9710/1545 Laser Scanner for PC 2,095 18,855
l LanTronix EPS 1 printer server 695 695
1 LanTronix RTEL software 45 45
12 HP Deskjet 520 Printer 365 4,380
SUBTOTAL - Peripherals $25,037
EQUIPMENT TOTAL: $54,209
DENTON PUBLIC LIBRARY - PAGE R-3
September 19, 1994
RIDER C
SOFTWARE
TOTAL
.MODULE PRICE
I Cataloging w/Authority Control* 11,576
1 Circulation w/ Inventory* 9,575
1 PAC Plus* 13,575
1 Report Generator N/C
1 Electronic Mail N/C
I Add'l Branches (1,2,3)* 500
50 Dynix Application User License* 24,750
TOTAL - Software Core Modules $59,976
*Price includes one year maintenance on all software products
DENTON PUBLIC LIBRARY - PAGE R-4
September 19, 1994
RIDER D
Schedule 1
DYNIX SERVICES AND SUPPLIES, PRICES
TOTAL
SERVICES AND SUPPLIES CHARGE
SUPPLIES
1 Dynix Documentation 400
10 8 MM Data Cartridge 200
I Circulation Quick Reference Book 8
SUBTOTAL - Supplies $608
SERVICES
2 New Client Orientation 3,000
7.5 Training Days 11,250
1 MARC Tapeload - Single Source 3,000
I Holdings Creation - Single Soume 3,500
I Patron File Load - One Time 1,200
I Systems Integration Services 1-64 Users 24,000
Telecommunications Implementation Expenses
1 Telecommunications Implementation Service 375
2 Telecommunications Installation Service 3,000
1 Ameritech Library Services Warranty 3,956
I System Shipping and Installation 1,331
SUBTOTAL - Services $54,612
TOTAL - Snpplies and Services $55,220
DENTON PUBLIC LIBRARY - PAGE R-5
September 19, 1994
RIDER D
Schedule 2
TRAINING SERVICES DETAIL*
TOPIC # DAYS TRIP
Orientation/New Client Orientation At
Parameter Review (1 person) 2 DYNIX**
System Operation/Troubleshooting .5 1
System Administration 1 1
Cataloging w/Bibliographic Interface 3 2
Circulation 2 3
Online Assurance 1 4
9.5
* -Except for orientation, all training is at THE LIBRARY.
-Charges noted on Rider D, Schedule I include all travel-related expenses.
-Except for orientation, each session provides hands-on training for four to six individuals.
** -Transportation from and to DYNIX, transportation to the Salt Lake City airport, hotel accommodations and
meals (as hosted by DYNIX) will be paid by DYNIX for the first person. Upon prior notification to DYNIX, THE
LIBRARY may send up to two (2) additional persons to the orientation session. The travel-related expenses and
arrangements will be berne by THE LIBRARY but no additional ~course fee" will be assessed.
DENTON PUBLIC LIIIRARY - PAGE R-6
September 19, 1994
RIDER D
Schedule 3
INSTALLATION SERVICES DETAIL
DESCRIPTION
1 trip by DYNIX to certify site, install connectors on Library-installed cables for equipment listed on Rider B. Test
and install all peripheral equipment on Rider B.
Installation of software modules specified in Rider C by DYNIX.
Installation of user accounts as follows:
1 Cataloging (includes 1 Marc loading profile)
2 Circulation
2 PAC Plus
Serials
Acquisitions
Media Scheduling
Reserve Book Room
Interlibrary Loan~
1 I&R/Community Resources
Homebound
Journal Citation
CPU Gateways
Acquisitions/BISAC Interfaea
# Not yet in general release
Installation Site(s): Denton Public Library
DENTON PUBLIC LIBRARY - PAGE R-7
Soptembor 19, 1994
RIDER D
Schedule 4
DATA LOAD SERVICES DETAIL
DESCRIPTION
THE LIBRARY shall contact the install team to determine the tape format before ordering bibliographic and
authority tapes from a third party vendor.
MARC Tape Load (Bibliographic Records from a Single Source): ($3,000)
Load deduped tapes from (single source) creating one bibliographic record for each MARC record on the tapes.
Includes loading a deduped "gap tapeM for the period after the original data tapes were produced. Gap tapes
shall be from the same vendor and in the same format as the original tapes.
Holdings Creation/Item Records (based on bibliographic records from a single source): ($3,500)
Item records will be created based on data in the bibliographic records according to definitions provided by
THE LIBRARY. DYNIX will automatically assign collection codes, item loan types, library/branch
designations to each item based on information supplied by THE LIBRARY.
Authority Indexes: (N/C)
DYNIX shall create authority indexes for THE LIBRARY based on data in the System after the bibliographic
records are loaded. These records form the basis of THE LIBRARY's authority files. At additional cost,
DYNIX will load MARC authority records to enhance the records created during the index building process.
Patron File Load (One Time): ($1,200)
DYNIX will develop custom software for a one-time load of patron records from a local machine readable data
file.
DENTON PUBLIC LIBRARY - PAGE R-8
September 19, 1994
RIDER E
SUPPLEMENTAL PRODUCTS, PRICES
TOTAL ANNUAL
COMPONENT PRICE MAINT.
ADA-VIEW & VOICE Workstation 11,870 1,208
Electronic Notification System - Singlo Line 6,445 l, 164
Community Resources* 5,000 0
CPU Gateway* 3,500 0
Telxon 256KB Portable Backup (v10.3)* 7,872 0
SUBTOTAL - Supplemental Products $34,687 $2,372
KID'S CATALOG
1 Kid's Catalog One Time Installation per Systen~q 750 0
2 Kid's Catalog 1-9 Stations*# 1,000 100
*Does not include required PC or Macintosh hardware.
SUBTOTAL ~ Kid's Catalog $1,750
GRAND TOTAL - Supplemental Products $36,435 $2,472
*One year maintenance included in Software Core Module Prices
DENTON PUBLIC LIBRARY - PAGE R-9
September 19, 1994
RIDER F
NETWORK PRODUCTS, PRICES
TOTAL
COMPONENT PRICE
Interact Access (Interact side)
Concentrator 16 Ports (Master) 1,395
Fiber Transceiver 495
Branch (11 PCs)
Concentrator 16 Ports (Master) 1,395
Fiber Transceiver 495
Terminal Server (8 port) 10base-T 1,795
CPU Site ( Intemet, 4 Dial PACS, Branch and Main Library Access through Fiber)
Fiber Transceiver 1,485
Concentrator 16 Ports (Master) 1,395
Terminal Server (8 port) 10base-T 1,795
Terminal Server Software 195
Multi-slot Router (3) 4,000
Dual Ethernet NP Module 7,200
Single Token-Ring NP Module 2,300
Bridging S/W 800
12 MB Main memory (total 16MB). 1,500
2 MB Flash Eprom (total 4 MB) 500
3 MB of Shared Memory (total 4MB) 500
Dial PAC
3260 Modem 3,380
NCSA Telnet Public Domain Software
Main Library (39 PCs)
Fiber Transceiver 495
Concentrator 16 Ports (Master) 4,185
Terminal Server (8 port) 10base-T 1,795
Mounting Enclosures 1,500
Cables and Connecting Equipment 850
TOTAL - Telecommunications $39,450
DENTON PUBLIC LIBRARY - PAGE R-10
September 19, 1994
RIDER G
PRICE SUMMARY
RIDER ITEM PRICE
B Equipment 54,209
C Software 59,976
D Services and Supplies 55,220
E Supplemental Products 36,435
F Network Products 39,450
TOTAL: $245,292
L~ss Discount (excludes Kid's Catalog): -9,000
GRAND TOTAL: $236,292
DENTON PUBLIC LIBRARY - PAGE R-Il
September 19, 1994
RIDER H
PAYMENT SCHEDULE AND CONTRACT MILESTONES
EVENT % PAYMENT AMOUNT
Upon receipt of Documentation 10 % 23,629
Completion of Installation of Items Listed on Riders B and F 65 % 153,590
Completion of Data Load Test 10 % 23,629
Completion of System Reliability Test 10 % 23,629
Completion of Module Functionality Test **
Cataloging 2 % 4,726
PAC Plus 1% 2,363
Circulation 1% 2,363
CPU Gateway 1% 2,363
TOTAL: 100 % $236,292
**Must be completed or waived within 180 days of the Hardware Functionality Test.
DENTON PUBLIC LIBRARY - PAGE R-12
September 19, 1994
RIDER I
PERFORMANCE STANDARDS
Table I-l: System Configuration
System : IBM RS/6000 Model C10
Processor : POWER PC Chip
Memory : 80 MB
# users : 53
Disk Storage : 9.0 GB
OS Release : AIX v3.2
Dynix Release : 140
Table I-2: Database Capacity
The above configured System shall be capable of storing the data files below with their companion transaction files
as follows:
# Records
Bibliographic File = 400,000
Holdings File = 500,000
Patron File = 175,000
Annual Circulation = 1,500,000
Annual Acquisitions = 30,000
In addition, the following indexes are included:
Patron Name Title/Series/Contents Keyword Subject Authority
Patron Barcode Author Authority Series Authority
Item Barcode LCCN Bib Utility #
ISBN/ISSN Call No. Index (one) Subject Authority Keyword
Title Alphabetical
Journal Citation and Community Resource Files are excluded from Database Capacity (I~2), Transaction Throughput
Capacity (I-3) and Response Time (I-4) warrantees.
DENTON PUBLIC LIBRARY - PAGE R-13
September 19, 1994
Table I-3: Transaction Throughput Capacity
The above configured System shall be capable of processing the following numbers of transactions within the
response times given in Table I-4.
# of Transactions
Annual Normal/Hr Peak/Hr
Circulation 1,500,000 500 1,500
Annual Acquisitions 30,000 10 30
Updates -Patron 87,500 29 88
Updates -Bib 70,000 23 70
Updates -Holdings 80,000 27 80
Table I-4: Response Time Table
NORMAL LOAD PEAK LOAD
Average Average
Type of Transaction Response in seconds Response in-Seconds
Checkout < 2 3
Renewal < 2 3
Checkin < 2 3
Fines processing 2 5
Bib file update 3 5
Holding file update 3 5
Patron file update 3 5
Holds placed 2 4
Searches
Key lookup <2 3
(bib #, barcode, etc.)
Indirect 2 4
(LCCN, ISBN, OCLC, etc.)
Authority type searches 3 5
(author, subject, call #, etc.)
Keyword/Boolean 5 8
(title, etc.)
Acquisitions Ordering 5 8
Serials Checkin 5 8
DENTON PUBLIC LIBRARY - PAGE R-14
September 19. 1994
Response Time Test Procedures
(1) The Response Time Test is intended to demonstrate that the System is capable of meeting the performance
standards as defined in the Agreement, at user terminals under full-load conditions.
(2) A Response Time Test may be requested by THE LIBRARY anytime within five (5) years of the
completion of the Hardware Functionality Test as a means of verifying the performance standards. The
specific date shall be mutually arranged between THE LIBRARY and DYNIX, but in no case shall the
Test be scheduled later than forty-five (45) days following the receipt of written request for the test.
(3) The Response Time Test will be performed with terminals allocated as normal library processes would
dictate or to specific functions as mutually agreed upon at the time of the test.
(4) System load defines the number of transactions being processed during a given time period. Average
response time under Normal and Peak loads will vary as shown in Table G-4 Response Time Table.
Normal Load is defined as the load on the System when processing transactions up to the level specified
in Table I-3. The Normal Load is computed by dividing the annual transactions by the number of
operational hours.
Peak Load is defined as the load on the System when processing transactions at rates above Normal Load
up to the level shown in Table I-3 for Peak Load.
(5) The test may be performed for normal and/or peak load conditions. The transaction load on the system
may be achieved by actual library activities or scripting transactions at a rate to simulate either load level.
(6) 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 times for each transaction at selected terminals.
(7) Each test shall last for at least: 30 minutes. No test shall be deemed valid unless a minimum of 50 timings
were performed at the selected terminals for each type of transaction.
(8) Both DYNIX and THE LIBRARY may provide inspectors to verify the accuracy of the activities of the
operators and the recorders.
(9) Prior to the commencement of the test, DYNIX shall provide, with the assistance of THE LIBRARY
personnel, such training as shall be necessary for the terminal operators and the recorders to perform the
activities herein described.
(10) Response time shall be the interval of time between the moment when the operator at a terminal completes
the input of a comnmnd 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.
(11) 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 the records and logs are to be
collected.
DENTON PUBLIC LIBRARY - PAGE R-IS
September 19, 1994
(12) The response times for each typo of function shall be computed separately. Transactions with multiple
steps shall include timings for each step.* The average response time is computed by summing the
response times for all steps for a given type of transaction and dividing the total by the number of timings.
([3) The Response Time Test shall be successful if (1) the stated transaction throughput is achieved; (2) all
transactions complete (i.e.--no hung terminals); and (3) the "normal "and "peak" response time averages
for each function do not exce~l those stated in Table I-4 Response Time Table for the appropriate load
levels.
(14) DYNIX shall bear its own expenses for the performance of a warrantee Response Time Test if the test
is unsuccessful. In the event THE LIBRARY requests a Response Time Test and the test passes, THE
LIBRARY shall pay DYNIX's expenses.
* Each search shall consist of the following steps: (1) select search option, (2) enter request, (3) review
summary screen (if any), (4) review full bibliographic display, and (5) review holdings/status displays.
Boolean keyword searches shall exclude the top one percent most frequently occurring words in the file.
Any and all "stop words" will be included in the top one percent.
DENTON PUBLIC LIIIRARY - PAGE R-16
Sepiember 19, 1994
RIDER J
Schedule 1
HARDWARE FUNCTIONALITY TEST
PURPOSE:
The purpose of the Hardware Functionality Test is to ascertain that the Central Site Equipment is installed and
operational.
TIMING:
The Hardware Functionality Test will be performed by the DYNIX installer immediately after successful installation
of sufficient Equipment to load THE LIBRARY's data and commence initial on-site training.
PERFORMED BY:
DYNIX personnel with observers from THE LIBRARY.
TEST METHODOLOGY:
This examination will include the following tests as applicable for Equipment supplied by Dynix then installed:
(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 units(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
ACCEPTANCE:
The Hardware Functionality Test will be completed when all of the above tests are successfully completed.
DENTON PUBLIC I, IBRARY - PAGE R-17
September 19, 1994
RIDER J
Schedule 2
SYSTEM RELIABILITY TEST
PURPOSE:
The purpose of the System Reliability Test is to demonstrate and verify that the System operates at a 98 % reliability
level for an extended period of time.
TIMING:
This test will begin upon completion of the Hardware Functionality Test and after training of the first module.
PERFORMED BY:
Library staff.
TEST METHODOLOGY:
(1) The System is defined as all hardware and software maintained by DYNIX to date.
(2) Within a total test period of ninety (90) days, a suecessful performance period of thirty (30) days must
be completed. The total test period and the successful performance period are calendar days, excluding
holidays.
(3) This test may be overlapped with other testing procedures.
(4) The System must be available for ninety-eight percent (98 %) of THE LIBRARY's operational hours.
(5) THE LIBRARY may stop and restart the test, and the time during which the test has been stopped at THE
LIBRARY's option shall not count as downtime nor as part of the performance or test period. In no event
shall such interruption(s) of the test extend beyond a total of five (5) days per test.
(6) THE LIBRARY and DYNIX will each maintain an operations log. Each downtime occurrence, as defined
below, shall be measured, calculated, and logged separately into the operations log.
(7) Downtime is defined as the amount of time between the moment DYNIX is notified of the occurrence and
the moment that the outage is successfully resolved during both THE LIBRARY's operational hours and
the hours THE LIBRARY is covered by a DYNIX Maintenance Agreement.
Not to be counted as downtime:
-holidays
- other times when THE LIBRARY is officially closed
- times when THE LIBRARY has not contracted for maintenance coverage
- all scheduled preventative maintenance downtime
- downtime due to power failures
- downtime due to improper environmental conditions
- downtime due to THE LIBRARY's staff (operator) error
- outages which do not affect Library operations or System performance
- outages for which on site spares are available
DENTON PUBLIC LIBRARY - PAGE R-18
September 19, 1994
(8) All downtime shall be measured by rounding to the nearest increment of 6 minutes. At the conclusion
of each downtime period, the downtime value resulting from each occurrence will be computed to arrive
at the total amount of downtime. Under no circumstances shall a downtime coefficient value of more than
1.0 be used in calculating the minutes of downtime.
(A) The formula for calculating each occurrenco of downtime is as follows:
(d) = downtime coefficient value
(m) = number of minutes of downtime
(t) = total downtime [for that occurrence]
FORMULA (0 = (d) x (m)
(B) The downtime coefficient value shall be assigned according to the following table:
Hardware Maior Outage:
1.00 -- Central processing unit
1.00 -- Disk drive(s) controller
1.00 -- Port Controllers
1.00 -- Main memory
Hardware Minor Outage: (each device)
0.05-- Terminals
0.05 -- Optical scanning device
0.25 -- Line printer
0.25 -- Tape drive
0.10 -- Portable optical reader/terminal
0.10 ~- Modems
0.05 -~ Any other vendor supplied Equipment
Software Major Outage:
1.043-- Checkout
1.00-- Checkin
1.00 -- Bibliographic file update
1.00 -- Patron file update
1.00 -- Item file update
1.00 -- OPAC title inquiry
Software Minor Outage: (per function)
0.50-- Hold
0.50 -- Fine payment
0.50 -- Patron name inquiry
0.50 -- Authority file update
0.50 -- Receiving items in Acquisitions or Serials
0.50 -- Cataloging items in Media Scheduling
0.50 -- Ordering items
0.50 -- Adding reserve items
0.25 -- Updating funds
0.25-- Claiming
DENTON PUBI,IC LIBRARY - PAGE R-19
September 19, 1994
Any software functions not specifically identified above will not be included in the downtime calculation
until they remain uncorrected for a period of 16 scheduled business hours. At that time, they will
automatically carry a coefficient value of 0.10.
Only those items of the System covered by Dynix maintenance shall be considered in downtime
calculations.
(9) In the event that at any time during the test the cumulative downtime exceeds the allowable two percent
(2 %) for the entire test, the test shall automatically restart at the point the problem has been solved. THE
LIBRARY shall notify DYNIX in writing within seven (7) days of the date the System Reliability Test
is restarted. Notification shall include a copy of the log.
ACCEPTANCE:
The System Reliability Test shall be successfully completed when tho System has run thirty (30) days with ninety-
eight percent (98%) or greater uptime. If no notice of downtime is received by DYNIX within forty (40) days of
the commencement or restart of the test, the test shall be deemed successful. Upon successful completion of the
System Reliability Test, THE LIBRARY shall pay appropriate invoices as per Rider H.
REMEDIES:
In the event that DYNIX is unable to successfully complete the test within the total test period, THE LIBRARY
may, at its option:
(1) require that DYNIX replace any of the components under DYNIX warranty or maintenance which have
caused the test to fail. Any and all costs associated with said replacements shall be bome by DYNIX.
The test shall not be restarted until said replacements have been made; or
(2) reject the System during the Warranty period, declare DYNIX in breach of contract, and require DYNIX
to refund all monies paid to DYNIX by THE LIBRARY under this Agreement to date. DYNIX shall
have the right to remove, at its expense, all Equipment, Software and Supplies provided under this
Agreement.
These remedies shall be THE LIBRARY's exclusive remedies in the event DYNIX is unable to pass the System
Reliability Test within the total test period.
DENTON PUBLIC LIBRARY - PAGE R-20
,~ptember 19, 1994
RIDER J
Schedule 3
SOFTWARE FUNCTIONALITY TEST
PURPOSE:
The purpose of the Functionality Test is to verify that the required functional capabilities ot" the Software have been
delivered.
TIMING:
Testing will coincide with the implementation of the various modules and shall occur during the training session for
the module or, for modules using tutorials instead of on site training, the test shall be completed or waived within
thirty (30) days of installation. Training and testing will not occur until after the Hardware Functionality Test has
been passed and sufficient Software and data have been loaded to permit training and the test to be effectively
performed.
PERFORMED BY:
Library staff and DYNIX personnel.
TEST METHODOLOGY:
(1) Prior to training, THE LIBRARY shall designate one or more persons participating in the training session who
are authorized to initial acceptance of the functional checklists attached.
(2) During training THE LIBRARY shall initial the functional checklist for features observed and operational.
(3) Functions which do not operate properly shall be noted and reported in writing to DYNIX.
(4) THE LIBRARY shall have thirty (30) days from the completion of training for a module or installation to
verify other funetinns which DYNIX documentation indicates the Software will perform and submit any
exceptions to DYNIX in writing.
(5) DYNIX shall clarify and resolve all reported problems within thirty (30) days of receipt of report. Within
seven (7) days of receipt of notice of resolution from DYNIX, THE LIBRARY shall retest the function and
confirm that the function has or has not been resolved.
(6) DYNIX and THE LIBRARY agree that not all aspects of the Software are reasonably testable in the time frame
given (e.g. "two-year cumulative statistics~) and that certain aspects (e.g. "user friendliness ") are subjective.
Untestable features or aspects of the Software shall not prevent the Module Functionality Test from being
accepted.
ACCEPTANCE:
The Functionality Test for a given module will be successfully completed and THE LIBRARY obligated to pay
invoices as per Rider H when:
(I) Each function of the appropriate functional checklist is operational, and
(2) Each problem properly reported in the thirty (30) day additional test period has been resolved.
DENTON I'UBLIC LIBRARY - PAGE R-21
September 19, 1994
In the event that DYNIX receives no notice regarding non-functioning items within thirty (30) days of completion
of training, then the Functionality Test will be deemed to have been successfully completed and THE LIBRARY
shall pay the appropriate invoices. The foregoing does not relieve DYNIX of any obligation to make operational
each function as per the warranties of Section 9. B.3. of this Agreement or the terms of the Maintenance Agreement
in Rider K, Section 5.B. The thirty (30) day period will only be extended due to reasons of force majeure or to
the extent that the System is down according to the System Reliability Test during the Functionality Test.
REMEDIES:
In the event that DYNIX is unable to provide Software to pass the Functionality Test within ninety (90) days of
commencing the test, THE LIBRARY may, at its option:
(1) grant DYNIX further time to resolve the problem and accept the test when resolutions are satisfactorily
reached; or
(2) accept the Software as is and upon negotiating satisfactory terms pay the appropriate invoices; or
(3) during the first twelve (12) months following installation, reject the System and require DYNIX to refund
monies paid to DYNIX to date by THE LIBRARY. DYNIX shall have the fight to remove, at its expense,
all Equipment, Software, Supplemental Products, Network Products and Supplies provided under this
Agreement.
These remedies shall be THE LIBRARY's exclusive remedies in the event DYNIX is unable to pass any
Functionality Test within ninety (90) days of commencing the test.
FUNCTION CHECKLIST
SOFTWARE (CORE MODULES):
1.0 Cataloging
2.0 Cimulation
3.0 Reserve Book Room
4.0 Acquisitions
5.0 Community Resources
6.0 Serials
7.0 Media Scheduling
8.0 PAC Plus
DENTON PUBLIC LIBRARY - PAGE R-22
September 19, 1994
Accepted
by: 1.13 Cataloging
1.1- supports standard MARC formats
1.2- includes item (copy-level) information such as:
a) unique book identifier
b) unique item call number
c) material type
d) branch location
e) price
f) statistical category
1.3- allows expansion or replacement of a brief bibliographic record.
1.4- allows merging of duplicate bib records with transfer of all holdings records attached.
1.5- when creating initial holdings record for each title, System supplies dethults tbr item loan type,
collection, and agency.
1.6- automatically computes statistical assignment for new items based on Library defined collection and
call number groupings.
1.7- when creating multiple copies, automatically duplicates details from first copy to minimize operator
entry.
1.8- provides on-line authority files in both MARC and non-MARC formats.
1.9- links each occurrence of a heading in the authority file to each occurrence in the bibliographic file so
that all occurrences of that heading may be modified with a single mglobal" change.
1.10- provides on demand a list of new additions to the authority files.
1.11 - restricts additions or changes to authority file entries to authorized operators.
I. 12- automatically displays a relevant set of entries from the authority file whenever an authority-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.
1.13- pernfits merging of authority records by an authorized operator.
1.14- checks authority forms on records added to the bibliographic file from tape load or utility interfaces.
1.15- bibliographic profile software transfers MARC II communications format bibliographic and authority
-- records from the source computer to the DYNIX CPU.
1.16- bibliographic profile software allows copy-specific information (barcode number, item type, material
-- type, call number, etc.) to be transferred from designated fields on the source record.
DENTON PUBLIC LIBRARY - PAGE R-23
September 19, 1994
Accepted
by:
2.0 Circulation
2. l- automatically calculates loan period and due date/time according to:
a) patron type
b) item type
c) library service hours (allowing for holidays)
2.2- displays due date/time on the charge terminal screen.
2.3- requires only one entry of patron identifier per batch of items to be charged to that patron.
2.4- accommodates a variety of loan periods which can be changed without programmer intervention.
2.5- allows authorized operator to input a non-standard due date/loan period by overriding the
system-calculated due date.
2.6- checks patron status and signals operator of any exception condition including excessive number of
books charged, excessive fines owed, manual blocks placed, or expired registration, and permits
supervisory override.
2.7- checks book status for hold(s) and "non-circulating" flag.
2.8- provides means for charging of partially cataloged or uncataloged material.
2.9- 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.
2.10- if a fine or fee is to be assessed, retains information in fine records as to book identifier, date book
is returned, and amount of fmc accrned.
2.11- permits discharge or manual input of item by scanning barcode number,
2.12- allows authorized operator to change date of discharge (for delayed discharge of a group of materials).
2.13- 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.
2.14- checks the book record for hold or other status conditions; provides clear, audible and visual signals
if such information is found; and prompts appropriate processing.
2.15- allows for a specified grace period during which no fmc is assessed by type of material.
2.16- checks a book for overdue status, calculates any fine, displays the patron's account, and automatically
increments the account,
2.17- alerts operator of brief circulation records which need full cataloging.
2.18- calculates fines at the time of discharge or renewal according to book type, patron type, loan period,
and date/time of discharge.
2.19- blocks charge and renewal transactions for patrons with a specified number of dollar amount of unpaid
fines and fees.
DENTON PUBLIC LIBRARY - PAGE R-24
September 19, 1994
2.20- calculates fines beginning with a specified minimum dollar amount and ending with a specified
maximum.
2.21- 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.
2.22- allows authorized operator to manually input a fine, fee, or other charge.
2.23- allows authorized operator to waive patron's unpaid fines, fees, or other charges.
2.24- allows operator to accept payment against specified items or will automatically apply payment to items
from oldest to most recent.
2.25- verifies patron status at the time hold is placed and notifies operator of any financial blocks present
on the patron record.
2.26- places holds at the title or item-specific level at the operator's discretion.
2.27- checks the hold queue for an item record at time of discharge and notifies an operator of hold with
visual and auditory signals.
2.28- displays upon request a list of the hold queue for a book by title.
2.29- checks the hold queue at the time of charge and permits block of charge to a patron not at head of
queue. Permits override of block with authorized password.
2.30- allows authorized operator to remove names from any position in the hold queue.
2.31- cancels hold queues at discretion of authorized operator and produces notices to be sent to patrons in
the canceled queue.
2.32- blocks renewal of books in the hold queue.
2.33- 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.
2.34- detects duplicate hold requests made for a title by the same patron.
2.35- permits entry of patron registration online.
2.36- provides access to the patron file by name, by patron barcode number and by identification number.
2.37- displays patron data for use by authorized staff: name, address, books currently charged; holds;
current fines and other charges; and ~claimed returned."
2.38- allows assigning patron a new barcode number without losing delinquencies, charges, holds, etc.
2.39- ability to declare card lost or stolen. No materials may be chargexl to these cards.
2.40 reads labels for items inventoried using portable terminals for appropriate barcode tbnts, (if purchased)
or regular Dynix terminals.
2.41- records on appropriate item records the date each item was inventoried.
DENTON PUBLIC LIBRARY - PAGE R-25
September 19, 1994
Accepted
by:
3.0 Reserve Book
__ 3.1- charges books from a primary collection to a secondary reserve collection without destroying primary
collection book and circulation data.
__ 3.2- permits change of loan period, fine rate and other book characteristics for purpose of circulation from
the secondary collection.
__ 3.3- permits charges to patrons from the secondary collection without assigning a new or temporary
barcode number or changing bibliographic data.
__ 3.4, allows access by barcode number, title of item, courso title/number, and instructor name.
__ 3.5- allows easy addition of non-Library materials (ie., personal copies, photocopies, etc.) to the reserve
files.
__ 3.6- allows easy processing of withdrawals from reserve which indicates disposition of item (return to
owner) or automatically restores original collection parameters.
DENTON PUBLIC LIBRARY - 1 AGE R-26
September 19, 1994
Accepted
by:
4.0 Acquisitions
4.1- allows the creation of order records from:
- manual entry
- existing order records
- existing bibliographic records
- ~wanff list files (desiderata)
4.2- integrates all firm order records with bibliographic master files and all major system files.
4.3- permits handling of single titles, open-ended orders, gifts, deposit accounts; permits the Library to
establish its own acquisitions order types.
4.4- allows creation of a vendor file with locally defined fields.
4.5- allows creation and modification of order blanks with default fields automatically supplied.
4.6- Library may specify content and format of printed purchase orders and vouchers.
4.7- at order entry, incorporates bibliographic and holdings file update, fund allocation and copy
distribution.
4.8- allows items on order to have holds placed on them from circulation and PAC accounts.
4.9- handles foreign currency conversions.
4.10- produces claims automatically for staff review.
4.11~ accepts and tracks partial receipts.
4.12, allows processing of invoices before or after receipt of materials.
4.13- allows invoicing at time of receipt.
4.14- automatically adjusts funds appropriately as actual costs are received.
4.15, produces vendor performance reports including percentage back ordered, percentage filled, average
fill time, discount percent.
4.16- allows access to on-order materials by title, author, ISBN, LCCN, vendor; PO #.
4.17- permits Library to establish desiderata file of items to bo considered tbr order or designated not to
order.
4.18- produces on demand report of funds showing budget, amount encumbered, amount expended and free
-- balance. Report also indicates percent of year past and percent of budget committed (expended or
encumbered).
DENTON PUBLIC LIBRARY - PAGE R-27
September 19, 1994
Accepted
by:
5.0 I&R/Communit¥ Resources
5.1- allows the creation and maintenance of an Information and Referral (I & R) File
5.1.1- ailows updates by authorized staff members
5.1.2- allows optional updates by outside organization with PIN protection
__ 5.1.3- uses authority-controlled terms for organization subject descriptors, independent of main bibliographic
authority files
__ 5.1.4- searches and displays I & R files by organization name, alternate names, or subject descriptors.
5.1.5- produces listing of records not updated since a specified date formatted either as a summary report
or as letter which can be folded for a window envelope.
5.1.6- automatically links the I & R file to the events calendar.
5.2- Calendar of Events
5.2.1- maintains a calendar of events which can be accessed from the public access module.
__ 5.2.2- permits events to be reviewed by date or by keyword search.
__ 5.2.3- permits events to be entered from designated fields on an I & R file record or independent of any
organization.
5.3- Ready Reference File
__ 5.3.1- allows authorized staff to enter information for frequently asked questions
__ 5.3.2- permits file to be searched by keyword across question and answer fields.
5,4- Suggestion box/request file
__ 5.4.1- allows public to leave variable length, free-text comments or suggestions.
__ 5.4.2- as option, allows entry of patron barcode number so that response may be made if desired.
5.4.3- if barcode is entered, confirms contact information.
DENTON PUBLIC LIBRARY - PAGE R-28
September 19, 1994
Accepted
by:
6.0- Serials
6.1- integrates serials bibliographic and holdings record into the main bibliographic master file.
6.2- links multiple copies with associated holdings to a single bibliographic record.
6.3- stores serials holdings data compliant with the USMARC Format for Holdings data.
6.4- allows search and display of serial/bibliographic records along with summary of holdings display as
part of the online catalog.
6.5- allows identification of serials for checkin by title, ISSN, and other search methods.
6.6- allows checkin for multiple copies of an issue as a single checkin action.
6.7- allows checkin of regular issues, supplements, indexes, etc.; all accessed through a common serials
record.
6.8- permits identification and checkin of special unpredicted or irregular issues.
6.9~ allows library to define publication patterns so enumeration, chronology and checkin dates are
predicted for expected issues. As def'med by the U.S. Marc holdings format.
6.10- allows reversal of items incorrectly checked in by "Undo" function.
6.11~ permits "predicted checkinM of future issues which arrive before the next expected issue.
6.12- allows alteration of enumeration or chronology, if the issue received varies from the issue predicted.
6.13- allows operator to indicate various receipt statuses: will not be published, not available, and damaged
receipt.
6.14- upon checkin processing notes can indicate appropriate action for each individual copy.
6.15- prints spine labels and work slips as appropriate.
6.16- prompts for barcode entry if copy is to be bercoded for circulation.
6.17- allows detailed review of checkin information of past receipts by specific issue or copy, including
current status and date status set.
6.18- indicates destination for materials (e.g., routing, current periodicals, reference, discard, etc.)
6.19- allows automatic or manual claiming for predicted issues that have not arrived.
6.20- allows manual claiming for irregular items.
6.21- allows establishment of various routing lists and printing of routing slips at checkin.
DENTON PUBLIC I.IBRARY - PAGE R-29
Septe~uber 19, 1994
Accepted
by:
7.0 Media Scheduline
__ 7.1- interacts with the cataloging and circulation modules providing an integrated system.
__ 7.2- has the ability to group items and pieces of equipment into sets for ease of access and circulation.
__ 7.3- has the capability of reserving items, equipment, rooms and sets as requested.
__ 7.4- allows updating, duplicating, deleting and searching of reservations by item, equipment, room or set.
7.5- reservation includes identifying number, reservation status, patron information (name, barcode and
ID number) beginning and ending dates and times, lead and lag times, location, service codes, notes
and item information (title, ITYPE, Call number, barcode and storage location).
__ 7.6- allows cataloging of media items not previously cataloged, creation of special equipment and room
records with appropriate data fields.
__ 7.7- maintains equipment holdings records including information concerning date item was added,
collection, itype, storage location, serial #, inventory #, equipment price, date purchased, last service,
next service, condition, set-ID and notes.
__ 7.8- maintains room holdings records including room collection, itype, size, capacity, handicap access,
elevator access, media equipment assigned to the room, set-ID and notes.
__ 7.9- provides daily, monthly and yearly calendar displays of scheduled reservations.
__ 7.10- allows compilation of a list of all reservations which have scheduled activity on any specified date for
any location and maintains a reservation history file.
__ 7.11 - maintains equipment service schedule and allows printing of this report.
7.12- provides statistics of equipment sets, including description, set's barcode, storage location and current
status.
7.13- allows generation of a report which shows how frequently Media Center equipment is being used.
7.14- allows printing of workslips for ease of circulation delivery and other media scheduling activities.
7.15- allows printing of a media center catalog sorted by title, Itype, Dynix BIB# or agency of items
cataloged in Media Scheduling.
7.16- provides a list of no shows by time, including reservation detail and patron's phone number.
7.17- allows printing a list of all overdue items within media scheduling.
7.18- provides a Use Count Report which tells the number of times all items cataloged in Media Scheduling
have been used.
DENTON PUBLIC LIBRARY - PAGE R-30
September 19, 1994
Accepted
by:
8,1- PAC Plus
8.1. l- allows dial-up user to select from a list of library-definable terminal emulation types.
8.1.2- offers the same searching capabilities as the library's regular PAC accounts;
8.1.3- offers the same procedure for placing holds or prohibiting holds as the library's regular PAC accounts;
8.1.4- recognizes that dial-up users are not physically in a library location and may therefore place holds on
items ~in~ and available for holds;
8.1.5- defines a default hold notification method, including a "ship to" option;
8.1.6- defines a default hold pickup location or display a menu of pickup locations available for dial-up users;
8.1.7- provides capability to create separate library-defined bibliography files tbr such items as best sellers
or reading lists,
8.1,8- allows for the creation and printing of library and/or user defined bibliographies through the
bibliography manager function,
8.1.9- allows library to provide optional patron record review with PIN and barcode number control.
8.__~2 Electronic Dictionary
8.2.1 allows user to browse alphabetically through entries
8.2.2 allows user to enter a term to find a definition
8.2.3 provides abbreviations for selected terms
8.2.4 searches definitions by keyword(s) to provide a list of possible terms
DENTON PUItLIC LIBRARY - PAGE R-31
September 19, 1994
RIDER J
Schedule 4
DATA LOAD TEST
PURPOSE:
The purpose of the Data Load Test is to demonstrate and verify that THE LIBRARY's data files will be properly
processed.
TIMING:
This test will be performed after all test records have been loaded and processed either at Dynix or at the Library.
This test may overlap other tests.
PERFORMED BY:
LIBRARY staff in conjunction with DYNIX staff.
TEST METHODOLOGY:
(1) THE LIBRARY and DYNIX will jointly develop data load specifications in aceordance with Section 7 of this
Agreement and Rider D Schedule 4 of this Agreement. These specifications (tho "Load Specifications") will
be set forth in writing by THE LIBRARY. DYNIX will assist THE LIBRARY in identifying inaccuracies or
deficiencies in the Load Specifications and will work with THE LIBRARY to revise the Load Specification as
appropriate. Revisions made as the result of inaccuracies in the Load Specifications may result in delays in
record processing and additional charges.
(2) THE LIBRARY shall identify by control number (e.g. ISBN, LCCN, OCLC) up to one hundred (100)
bibliographic records (the "Test Set") that shall be used to verify that processing has been done according to
specifications. THE LIBRARY is responsible for selecting an accurate and representative Test Set. The
records must include an identifiable match point (e.g. control number, ISBN, LCCN, OCLC # etc.)
(3) DYNIX shall develop and/or modify programs to process the data files according to the Load Specifications.
(4) Library staff shall have two (2) working days from the time DYNIX delivers the processed record information
for examination to review the Test Set and identify any discrepancies between the processed data and the Load
Specifications. Example of discrepancies shall be clearly reported to DYNIX.
(5) DYNIX will correct all reported problems as identified in (4) above. Steps 3-4 will be repeated until the Test
Set is properly loaded according to the Load Specifications.
(6) DYNIX and THE LIBRARY agree that DYNIX shall not be responsible for fixing problems not identified by
the Load Specifications nor for correcting erroneous records supplied to DYNIX by THE LIBRARY.
ACCEPTANCE:
The Data Load Test shall be successfully completed when the Test Set has been processed to meet the Load
Specifications. If DYNIX receives no notice of load discrepancies within five days of delivering the processed
records for examination, the test shall be deemed successful. Upon successful completion of the Data Load Test
THE LIBRARY shall pay applicable invoices as per Rider H.
DENTON PUBLIC LIBRARY - PAGE R-32
Septemher 19, 1994
REMEDIES:
In the event that DYNIX is unable to successfully complete the test within 60 days of delivery of the first set of
processed records to THE LIBRARY then THE LIBRARY may, at its option:
(1) stipulate time extension in which DYNIX must complete the Data Load Test and withhold all payments
associated with the test which are due or may become due until the test is passed; or
(2) declare DYNIX in breach of contract and require DYN[X to refund all monies paid to DYNIX under this
Agreement. DYNIX shall have the right, at its expense, to remove all Equipment, Software and supplies
provided under this Agreement.
These remedies shall be THE LIBRARY's exclusive remedies in the event DYNIX is unable to pass the Data Load
Test within sixty (60) days of delivery of the first set of processed records to THE LIBRARY.
DENTON PUBLIC LIBRARY - PAGE R-33
September 19, 1994
RIDER K
MAINTENANCE AGREEMENT
1. PROVISIONS FOR MAINTENANCE SERVICES
DYNIX agrees to furnish, as specified herein, services to maintain the Equipment 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.
2. TERM
This Maintenance Agreement shall commence on the effective date of this contract and shall continue for a
period of one (1) year. The Maintenance Agreement may be automatically renewed through (3 years) by
THE LIBRARY by paying the appropriate maintenance fees.
3. SUBCONTRACTORS
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 her~in, provided that
THE LIBRARY approves of the sub-contractor.
4. DIAGNOSIS OF PROBLEMS
DYNIX shall maintain technical personnel stationed at its Prove, Utah facility for purposes of providing a
telephone customer service to report problems and discuss questions about operations. For diagnosis of
problems, DYNIX technical personnel shall be able to dial THE LIBRARY's CPU directly. DYNIX technical
staff will use its best efforts to respond to each reported problem within four hours.
5. MAINTENANCE RESPONSIBILITIES
A. Maintenance on CPU Hardware
(1) Items included are detailed in Exhibit A of the Agreement.
(2) 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.
(3) Unscheduled on-site remedial maintenance for equipment shall be provided during the following
hours:
MON-FRI 8AM-SPM Central Time
THE LIBRARY may change or extend the hours of maintenance coverage upon mutual agreement
with DYNIX.
DENTON PUBLIC LIBRARY - PAGE R-34
September 19, 1994
(4) Holidays excluded from unscheduled on-site remedial maintenance service include:
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve (1/2 day)
(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.
(6) Charges for CPU Hardware Maintenance shall begin one (1) year following installation.
(7) THE LIBRARY must provide DYNIX with 90 days notice of its intent to cancel all or any portions
of its CPU maintenance.
(8) Charges for UniVerse shall begin one year following installation.
B. Maintenance on Licensed Software
(1) Products covered are detailed in Exhibit B.
(2) 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 succeasful installation and implementation.
(3) 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 except as provided
for in paragraph 7 below.
(4) Unscheduled Software maintenance and library consultations shall be provided during the following
hours:
MON-THU 7AM-9PM Mountain Time
FRI 7AM-6PM Mountain Time
(5) Holidays excluded from unscheduled Software maintenance service include:
New Year's Day
President's Day
Easter
Memorial Day
Independence Day
Pioneer Day, July 24
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Eve
Christmas Day
DENTON PUBLIC LIBRARY - PAGE R-35
,%ptemher 19, 1994
(6) 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 as listed in Rider J, Schedule 2 (8) Software Maior and Minor
Outages.
(7) 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 have been made
by or on behalf of THE LIBRARY without DYNIX's express written consent.
(8) THE LIBRARY may request that DYNIX perform standard services such as maintenance or
installations of new Software releases during times outside those identified in paragraph (4) above.
The performance of regular services outside normal hours is called "discretionary services" and will
be billed at the then published rate for the time required to perform such services.
(9) Charges for maintenance on each software module shall commence one (1) year after THE
LIBRARY has received training on that module or, for modules without training, one (l) year after
installation.
C. Maintenance on Terminals and Peripheral Devices (60/40 Plan)
(l) Items covered are detailed in Exhibit C.
(2) Maintenance for terminals or peripherals may be terminated by either party on the anniversary of
the contract. Maintenance may continue for all items originally covered or either party may
discontinue maintenance for specific pieces of Equipment.
(3) If a piece of Equipment malfunctions, THE LIBRARY contacts DYNIX for a "Return Materials
Authorization Number" (RMA#). THE LIBRARY then ships the equipment, at its expense, to a
DYNIX-designated repair canter. The item is repaired and returned to THE LIBRARY at
DYNIX's expense.
(4) THE LIBRARY may, at its option, request a loaner unit for the item in repair. When a unit is sent
to THE LIBRARY, THE LIBRARY may use it until THE LIBRARY's equipment is returned. The
purchase price of the unit will be invoiced to THE LIBRARY. When the loaner unit is returned
the invoice will be credited in full and an invoice for the loaner fee and freight will be issued.
(5) Equipment abused, physically or otherwise, is not covered by the maintenance contract and the full
cost of repairs will be borne by THE LIBRARY.
(6) At the end of each year the total amount paid to DYNIX for maintenance is reduced by any repair
debits as per Exhibit C. DYNIX will credit THE LIBRARY with sixty (60) percent of the balance.
(7) The remaining credit may be used for any hardware, services, workshops, or training pumhase
from DYNIX any time within three (3) years after the close of tho maintenance year.
(8) In the event that repair debits for a given year exceed the amount of maintenance paid, THE
LIBRARY shall receive no maintenance credit for the year. No additional maintenance charges
shall be assessed, nor will credits held from previous years (if any) be reduced.
(9) If maintenance on peripherals is allowed to lapse, or if THE LIBRARY wishes to cover used
equipment not previously covered, DYNIX wilt assess a one-time charge equal to the repair debit
before accepting the item for coverage.
(10) Maintenance charges begin one year following the successful completion of the Hardware
Functionality Test.
DENTON PI~'BLIC LIBRARY - PAGE R-36
September 19, 1994
D. Maintenance of Terminals and Peripherals (Sparing Plan)
(1) Items covered are detailed in Exhibit D.
(2) Maintenance for terminals or peripherals may be terminated by either party on the anniversary of
the contract. Maintenance may continue for all items originally covered or either party may
discontinue maintenance for specific pieces of Equipment.
(3) DYNIX will provide Spares to be housed at THE LIBRARY. Spares remain the property of
DYNIX. DYNIX may vary the quantity as required.
(4) When a piece of Equipment owned by THE LIBRARY malfunctions, THE LIBRARY places a
Spare in operation in its place. Within one (1) day THE LIBRARY must contact DYNIX for
problem diagnosis and, if necessary, a "Return Materials Authorization Number" (RMA#). THE
LIBRARY ships the equipment, at its expense, to a DYNIX-designated location. DYNIX shall pay
return shipping to THE LIBRARY. When THE LIBRARY receives the repaired equipment back,
it must put it back into operation and return the Spare to storage within five (5) working days.
(5) If a Spare malfunctions, DYN1X will repair it or replace it at its option. The cost for all shipping
and repairs associated with malfunctioning Spares shall be borne by DYNIX.
(6) THE LIBRARY is responsible for storing the Spares and for all risk of loss.
(7) Equipment abused, physically or otherwise, is not covered by the maintenance contract and the full
cost of repairs will be borne by THE LIBRARY.
(8) In the event all Spares are in use and THE LIBRARY requires additional units, DYNIX shall
express ship additional units at its expense to THE LIBRARY.
(9) DYNIX will be the sole determinant of whether THE LIBRARY has sufficient quantities of
equipment to justify sparing.
(10) Unlike the 60/40 Maintenance Plan, no credit is given for "unused maintenance."
(11) THE LIBRARY shall not use Spares for other than substitution of malfunctioning equipment as
defined in this Section C. DYNIX reserves the right to inspect the Spares from time to time to see
that they are secure and properly used.
(12) In the event DYNIX finds that THE LIBRARY is making unauthorized use of spares, it may cancel
the program and require THE LIBRARY to pumhase all Spares in its possession at the published
price for comparable new equipment.
(13) 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 the item for coverage.
(14) Maintenance charges begin one year following the successful completion of the Hardware
Functionality Test.
DENTON PUBLIC LIBRARY - PAGE R-37
September 19, 1994
E. Telecommunications Maintenance Plan (TMP)
(1) Maintenance fees for the telecommunication equipment have been listed in Exhibit E. Figures
shown are based on annual prepayment. Ten percent (10%) will be added to the annual
maintenance price if THE LIBRARY chooses to pay quarterly.
(2) Participants in the Telecommunications Maintenance Plan must have at least three (3) sites linked
to the central site by a network. All telecommunication equipment which is eligible for maintenance
by DYNIX must be covered under the Telecommunications Maintenance Plan. Non-maintained
components included in the network may be repaired on a time-and-materials basis.
(3) THE LIBRARY shall contact DYNIX support services to report any telecommunications problems.
After diagnosing the problem, DYNIX shall supply an RMA (Return Materials Authorization)
number. No equipment may be returned to DYNIX without this number.
(4) THE LIBRARY shall ship the defective piece to the address supplied by DYNIX.
(5) DYNIX reserves the right to replace the unit with an equivalent unit when repair is impractical.
(6) DYNIX shall not be responsible for the repair or replacement of any items which have been subject
to misuse or abuse.
(7) Shipping charges tO the repair site shall be borne by THE LIBRARY. Shipping charges to THE
LIBRARY shall be borne by DYNIX.
(8) Loaner equipment is available for selected items. When THE LIBRARY's unit has been repaired,
it shall be shipped to THE LIBRARY and THE LIBRARY shall return the loaner unit. The loaner
fee and shipment costs are the responsibility of THE LIBRARY.
(9) THE LIBRARY may elect to rent spares from DYNIX for on-sita storage. All spares remain the
property of Dynix and the rental fees shall be added to the annual maintenance price. THE
LIBRARY must commit to rent the spares from DYNIX for a minimum of three (3) years. DYNIX
may charge a penalty for early withdrawal from this portion of this agreement.
(10) If THE LIBRARY elects not to rent spares from DYNIX, any purchased network pieces listed on
the Optional Spares List which malfunction shall not be included in any System Reliability Test
calculations.
(Il) There will be no 60/40 credit.
02) DYNIX shall adjust the maintenance fees annually to reflect the costs of maintaining THE
LIBRARY's network. Maintenance on any item may be discontinued by DYNIX on the anniversary
of the agreement. THE LIBRARY may discontinue the entire agreement on the anniversary of the
agreement and subject to the terms expressed in 9 above.
(13) All telecommunications equipment has a one (1) year warranty. Maintenance charges shall begin
one (1) year following the successful completion of the Hardware Functionality Test.
6. CONDITIONS OF DYNIX'S OBLIGATIONS
All maintenance services of any nature rendered by DYNIX hereunder shall be limited to the System,
Supplemental Products or Network Products and shall be contingent upon THE LIBRARY's proper use of the
System in the application for which the System was intended.
DENTON PUBLIC LIBRARY - PAGE R-38
September 19, 1994
7. ONGOING RELIABILITY TEST
(1) The maintenance services provided hereunder shall serve to make the System available at least ninety-eight
percent (98%) of the time required by THE LIBRARY.
(2) The ongoing reliability test will begin upon completion of the initial test (Rider J, Schedule 2) and,
thereafter, will run for ninety (90) calendar day periods. The System is defined as all hardware and
software then covered by this Maintenance Agreement.
(3) Thc test shall follow the procedures set forth in Rider J, Schedule 2 under Test Methodology steps 4
through 8.
(4) In the event the total downtime for any test period exceeds the allowable two percent (2%), a remedy of
reduced maintenance payment is available. THE LIBRARY must submit a copy of the operations log
within thirty (30) days for verification along with a request for reduced maintenance payments.
(5) The maintenance paid for the 90-day test period is the base used to obtain the amount of the remedy. This
amount is calculated as ten percent (10%) of the base for every one percent (1%) that the allowable
downtime is exceeded. This amount is then subtracted from the next maintenance payment. [n no event
shall the reduced maintenance payment for the ninety (90) day test period be less than $0.
8. 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 but not limited to 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.
D. THE LIBRARY shall not perform, nor attempt to perform, or cause to be performed, maintenance or
repair to the Equipment, Licensed Software, Supplemental Products, or Network Products covered
hereunder during the term of this Maintenance Agreement except with the prior written or oral approval
of DYNIX.
E. THE LIBRARY shall be responsible for maintaining: (1) a telephone within operational reach of the
central equipment; (2) an auto-answer, 961X) bps V.32 modem attached to a port for the exclusive use of
DYNIX witha dedicated 'outside~ phone line for the above modem to be used in dial-up diagnostics and
maintenance or; (3) a connection to Interact for diagnostics and maintenance. The cost of procuring and
maintaining these connections and lines in good operating condition shall be borne by THE LIBRARY.
F. THE LIBRARY shall be responsible for selecting a maintenance plan for all peripherals and Supplemental
Products to be maintained by DYNIX.
DENTON PUBLIC LIBRARY - PAGE R.39
September 19, 1994
9. CHARGES AND PAYMENTS
A. The maintenance charges outlined on Exhibit A, B, C, D, and E, of this Maintenance Agreement are due
and payable by THE LIBRARY at the start of each maintenance period.
Maintenance charges may be pro-rated at the single annual payment rate for the first year ending on the
first anniversary of the effective date of this Maintenance Agreement or THE LIBRARY's fiscal year.
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 from the date of invoice.
C. There shall be no additional maintenance charge for:
(l) 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 bere'm, 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, The LIBRARY shall give DYNIX at least thirty (30) days written notice of intention to move the System
central site equipment (or any portion thereof covered by this Agreement) from the installation site(s) first
set forth above or any subsequent relocation site as approved by DYNIX. If the System (or any portion
thereof) is moved without the express approval of DYNIX, it shall not continue to be maintained by
DYNIX under this Agreement. This docs not apply to terminals, wands, lasers, slave printers, and p.c.s.
DENTON PUBLIC LIBRARY - PAGE R-40
September 19, 1994
EXHIBIT A
CPU HARDWARE RATES
EQUIPMENT ANNUAL CHARGE
53 UniVerse License (per port) 3,021
1 Dataproducts 9040 Small System Printer 126
1 System Console #
I TAP Terminal #
1 Dynix Maintenance Modem #
SUBTOTAL: $3,147
CENTRAL SITE HARDWARE
Library to Supply Hardware list to DYNIX from which maintenance figures will be derived.
SUBTOTAL: TBD
TOTAL: TBD
# Covered under peripherals maintenance plan.
Maintenance charges are based on annual prepayment.
DENTON PUBLIC LIBRARY - PAGE R-41
September 19, 1994
EXHIBIT B
SOFTWARE MAINTENANCE RATES
MODULE ANNUAL CHARGE
I Cataloging w/ Authority Control 1,000
1 Circulation w/Inventory 800
1 PAC Plus 1,200
1 Report Generator
1 Electronic Mail
50 Dynix Application User License 2,250
1 Add'l Branches (1,2,3) 120
SUBTOTAL: $5,370
Maintenance charges are based on annual prepayment.
DENTON PUBLIC LIBRARY - PAGE R-42
September 19, 1994
EXHIBIT C
60/40 PLAN
REPAIR* LOANER ANNUAL # OF ANNUAL
EQUIPMENT DEBIT UNIT CHARGE UNITS TOTAL
Terminals 139 55 96 2 192
Wyse 30/Dynix PAC 168 55 96
Async Modem (dial up) 215 60 48
Maintenance Modem 155 60 48 I 48
Up to 8 Channel Mux 434 200 132
8 Channel + Mux 536 250 204
Up to 8 Channel Mux
w/ Modem 560 200 216
8 Channel + Mux
w/Modem 635 250 288
Intermec Light Pen 190 90 96
Laser Scanner 400 185 180 9 1,620
Panasonic Printer 120 100 72
DataProducts Printer 150 100 72
HP Desldet Printer 120 65 72 12 864
LanTronix EPS1 Ptr Styr 575 -- 56 I 56
PC Workstation 250 -- 264
SVGA Color Monitors 275 -- 53 3 159
Tempest Terminal 200 -- 192
Touch Screen PAC Term 200 70 216
TOTAL: $2,780
*This is NOT an additional charge to THE LIBRARY for each repair. It is simply the amount deducted from the
total maintenance paid before computing THE LIBRARY's credit.
Maintenance charges are based on annual prepayment.
DENTON PUBLIC LIBRARY - PAGE R-43
September 19, 1994
EXHIBIT D
SPARING PLAN
INITIAL
SPARING # OF ANNUAL ANNUAL
EQUIPMENT LEVEL UNITS CHARGE TOTAL
Terminals* (20) + 51.00
Intermec
LightPen (10) 60.00
HP ThinkJet (15) 45.00
OCR Scanner (25) 87.00
Lasers** (7) 102.00
TOTAL: SN/A
Maintenance charges are based on annual prepayment.
+ The parenthetical number of units represents tho minimum number of units to be placed under maintenance.
If THE LIBRARY has fewer than the minimum, it must use the 60/40 Plan.
* Libraries with PAC, CIRC and regular Wyse terminals may specify which type(s) they wish tbr Spares. All
types may be combined to reach the 20 unit minimum.
** To keep the charges as low as possible, DYNIX will provide lightpens as spares for lasers.
DENTON PUBLIC LIBRARY - PAGE R-44
September 19, 1994
EXHIBIT E
TELECOMMUNICATIONS MAINTENANCE PLAN
The equipment listed in the Telecommunications section of Rider B shall be maintained
under the Telecommunications Maintenance Plan for an annual fee of: $3,945
TOTAL - Telecommunications Maintenance Plan $3,945
DENTON PUBLIC LIBRARY - PAGE R-45
September 19, 1994
RIDER L
TAXES
THE LIBRARY represents that it is otherwise exempt from taxes as per , statute of the state of __
__. Photocopies of applicable statutes, or other reasonable verification, shall be provided by THE LIBRARY prior
to the execution of this Agreement.
DENTON PUBLIC LIBRARY - PAGE R-46
September 19, 1994
R1DER M
SOURCE CODE ESCROW AGREEMENT
DENTON PUBLIC LIBRARY - PAGE R-47
September 19, 1994
A¢coun= Numbs= .0425005-0P001
This Deposi= Agreement-is effec=lve =his 18=h day of Jul~ ,
19~.~_.. by and bi,ween Da~a Securities ~n~e=na~on&l. ~nc.
('DSS*) a Delaware corporation and ~v.~. ('L~csnsor'}.
L~oensor,
Address8
Prow
Designated '-.
Repreeen~acive, Bee Lufkin
GISS Groenv~ch Drive' $220
(619) 4S~oS19!
person(s) or a corporaclon(I) ("Licensee(o)') £or-~he use
propr~eca:y ~echnology and or. her
WHEREAS, availablllCy o~ or access Co oer~ain propriecary da=a
cr~cal ~o certain L~censees ~n ~he eonduc~ o~
e~, Licensor has deposited v~ DSX =he rela~ed proprie=a~
da=a =o provide ~o~ re~en~on ~d
L2censees under ce~a~n
o2 ~A~ch ~s here~y ac~oeledged,
. pron~aes, nu=ua1 covenants ~d cond~=~oao con~a~ed hereXn,
pa~es hereto agree as
ARTICLE
DeDosi~ cf Ma=erin1. The Deposit consists of all material
curren=l¥ s~p~l~ed ~o DSI is spec~led ~7 an accompanT~n~
documen~ cal!ed..s 'Description of Deposi~ Materials' he~ein~e~
lawfully possessed o~ 611 deposit sate=leis stored under this
Agreenen= and hie
the terns ~Aereo~.
Dens,J= C~an~es. Pursuant ~o =his Ag=cement, Addends or Exhibits
incorporated herein, the Licensor has ~he option ~o update the
Deposit with supplenen~al or
the currency of =he deposit mat6=l&ls. Upon acceptsnce o~ any
depos~ change DSI sh&~l acknowledge sane ~o Licensor by issuing
· signed copy o~ ~he
· VDDlemen=sl Denosi=. The Supplenental Deposl~ will include any
me=srials added ~o ~he Deposit. Licensor will subRl= the
Supplenen~al' Deposl= acconpanisd by aa Exhibi~ B(s).
ReDlacemen~ of e~ls~ino Debos~%,' Rlplacluen~ ua&crisis replace
=he conple~e exis=ing Deposit. Licensor will submit ~e
Replacenen= na~e=ials acconpan~ed My an Sxh~bl~ B(s).
Demosi= Tns=e==iow, Upon =eceip= o£ an Exhibit B. DSI will'
visually hatch ~Ae lis~ed i~ens on ~he Exhibit B=o she labeling
o~ ~Ae .ua~e:ial ('Deposl~ Inspection"). DSI will not be
:esponsihle £o~ ve:i£ying =he coa~ea~s or £or validating the
accuracy, of Llcensc="s labelin%. &ccep=ance will occur when DSZ
concludes ~ha= ~he Deposl~ Xaspec=ioa Ls couplers.
A~TZCLE 2
Re~is~ered Licensee. Licensor,' and only Licensor., Ray
certain Licensee,s), pa~ic~pa~ng user(s), as ~e~s~ered
~icensee(s) ~o ~is Ag~eeuen~. Llcenso~ nus~ subul~ ~o
'PaF~lclpa~ing Use~ L~censee Regic~ra~on Docunent',
~e~erred ~o as an Bxhih~ A, £or each Licensee ~o be Registered
under ~ls Agreement. ~SX shall ~ssue ~o ~he Registered Licensee
aiL~censee ~egXs~a~ion pac~e~ includ~ng a copy o£ ~E~hibi~ A.
PaF~icipa~ng Use~ AgFeeaen~, ~o be executed by ~he
Licensee.
0~er L~enseee. DSX shall have as oMliga~ion ~o any Licensee or
o~her ~Fd par~y o£ L~ccncoc excep~ ~egis~e~ed' Licensees
accepted ~Y DSX, ~o ~he ex~en~ pcovided in a vFi~inv signed
DSZ. D$I shall have ~he ~gh~ ~o ~od~£y o~ cancel r~s Agreenent
wl~ou= =he concert= o~ any ~hird paz~y unless expressly
prohibited £=ou doXng so by au agzeenen= signed by DSX.
Page 2 V~DAe~ / ~
ARTICLE 3
shall puc =~e rece~=acle un,mr =he con=tel of one or mare of
Licensor a= all =im~. DSI shall exercise ~a= high level u~ care
pro=ac= i=e~ of ~is nacre whi~ DSI. might o~.
DSI unders=ands (l) ~a= License= cla~ ~a= D~posi=
info,aries ~a= i~ ~ade sl~a~ of i=salf and (ii) ~a=
skilled in compu=~ =e~olo~ for provi~ng main=en~ce suppo~
for compu=er softie pro~ Licensor lite.ed =o irs
Licensees, in ~e ovenC ~aC ~y of ~ese Regis~ered
~come~ entitled to receive
'DSI shall ~ no obliVat~on or .respo~b~l~ty ~atsoever to
do~e~ine ~o compleCeness or ac~a~ of ~e DeposiC or ~e~er
whac is deposited in or is not propr~e~, da~ as cost.plaCed
Te~ o~ A~ement. ~io A~e~t w~11 ~ve ~ ~i~/al t~ of one-
ye~. This A~e~onC ~y ~ r~ed for addition1 one-ye~
p~io~'upon recoipC ~ DSI o8 ~e s~cifi~ r~e~ fees prior
renewal fees are no= received vi~ ~ (30) ~ys ~fore ~e
~aCion da=o,-DSI n~ll so notify LLce~cr and 811 ReVisCered
Licenneen of ~e ~i~y (30) ~y ~aCion p~iod. I~ ~e renewal
fees ~o nec received wL~ ~e s~se~C ~y (30) days,
nay =o~inaCa ~io A~o~C wi~ouC f~ n~ice ~ vi~ouc
~ Upon non-rono~l of ~ ~e~t, ~11 duties
obligaCio~ of DSZ ~o ~ce~or, RegioC~ed ~ce~eo(s) w~ll
~hal~ reC~ ~o Deposit to L~c~or only ~t~ ~o dtpos~ ret~
a~iv~s~ da~o of ~is ~o~t (C~Cion ~y), DSI
do~oy ~o ~posLC.
Co.in.to a RogisC~ed ~c~ee sep~ate fr~ ~lon of
Deposit A~e~enC ~ notice ~o DSI oF ~ Lic~oc'a non-ps.es=
~o ~ual renewal fee fo=-~= bgis~e~
PaVe 3 DIv2~I~DAOT/v4/BOS
ARTICLE 6
Filin= F~' Release of Deposit bv Re=istered Licensee. If DSI is
co~i=ion as defined in ~&cle 7, and includes aC ~a= rime ~e
filin~ for release fee', Del shall so no=ely Licensor a= ~e las=
~o~ ad.ess by ce~ified mail wi~ a copy of ~e no=ice ~rom
Regis=ere4 Licensee. If Licensor Drovi~es =on~ ins=~ion,
~ine~ in =his ~i=le wi~in faf=men (15) wor~ing days of ~e
mailing of ~e no=ice =o Licensor, DSI shall no= ~eliv~ a copy
filing of an af~idavi: or decide=ion wi~ DSI by an officer
~en ~ed. DSI will send a copy of ~e affi~vi= or decide=ion
release of Deposit ~=~ials. Upon =eceip= of conCr~
shall no= dmliv~ a
copy of ~e Deposit and
conC~nul -Co i~orl ~l Deposit ~Cil o~si d~e~ed by
Reqis=~ed Lic~ee and ~c~or ~n=ly, or ~Cil rtloluC~on
In ~e ~nC ~C' DSI d~l no: receive con~ /u~ion DSI
au~oriztd ~o release I co~ of ~e ~e ~poliC ~o
fits will ~ paid ~ ~l Regii~ed ~c~ee. DSI ~ duplicece
~e ~poli~ only mi neceil~ ~ pres~ ~d safely score
Deposit, and to provide COpies ~eo~, ~ aU~OFiZld h~t~, ~o
~eleese Conditions.
LiCensor's fail~rl, wi~o~= cause on ~hi Regiterid Licsneee'l
pa~, Co Z~ish ~e ~gisC~ed ~c~ee
Co ~e ~C provided f~
Page 4 DZv2/VHDAa?/v4/BOS
ARTICL~ 8
~" Excep= as p=ovided in ~is Ag=eemen~. DS& ay=eeo
~a~ ~ s~all no~ divulge. ~sclose. make ava~l&ble ~o ~l=d
pa=cie&, no= make &ny use wha%soeve= of ~e Depost=. o= any
~nfo=m&~on p=ov~ded ~o ~ by L~c_enso= ~n connec~ton w~h ~h~s
L~=emso=.
ARTICLE 9
Indemnified=ion. LiCe&eoF ag=eeo =o de£end and Lndennif¥ DSI and
hold DSI harmless ~=ou and agains~ ~n¥ and all 'claims. actions -
and su~s. and ~on and against an~ and all l~ab~l~es, losses.
damages, cos~s, charges, pen&l~ts, counsel £ees. &nd
expenses o~ &ny necu=e (~nclud~ng. w~houc l~u~&~on0 ss~emsnc
cos~s) tncuFFed by DSI on &ccoun~ o£ any tc~ oF onlss~O~ ~£
specie,ed ~u AF~clee 3 and 8 heF~n. '
ARTICLE lO
nc~v~es unde=~aken and nacectals pc&paced pucsu~c
Ag=~euen~. L~censo~ v~11 be an~led ac =easonab~e C~nae du=~ng
mortal bus,ness hou=s nad upon reason&hie no~cs co DSI du~nV
ch& ~e~u o£ ~h~s Agreement ~o Lnspec~ ~hs records o£
'respec~ ~o ~h~s Agceeeen~.
L~ceneor v~ll b~ enC~led, upon reasonable no~oe ~o OSI and
DSI. ~ccoup~n/ed by a destgn~ed eupLoyee o~ DS~, ~o
p~ys~caL s~acus And condition o= ~e Deposit.- The
~epos~ uay no~ be changed by LLcenso~ du:~ng Ch&
ART~CLE'II
~nd~v~dual ~o =toe,ye no~ces £rou DSX and ~o acc on behal£ of
L~cenoc~ v~ch respec~ ~o ~he per£on~nce o£ i~. obligations as
aec £o=ch ~n ~h~s AgreeuenC and ~o noc~£y D8~ Lnued~&~e~y ~n ch&
event o~ any change £=on one designated cop=&combative ~o
lns=rumen~, or.. e~gna=ure believed =0 be genuine and may assume
lns=ruc=~on ~n connec=lon w~:h or rela~ing ~o ~his Agreemen= has
been duly au=horized ~o do so. -
This Agreemen~ will be governed by, and cons=rued in accordance
This Agreemen=. including =he Exhibits and Addenda here=o
~he subJecC n&=~lr hereof, and will auperslde all previous
couaunica~ioms, represen=a~ions, unders~andings, and avreeuen~s,
-either.ora! sc vri~en, between the
~ any provision o~ ~his AVreeuen~ ~s held by any cour~
invalid or unen£orceahle, ~har provision viii be severed £rou
'~hls Avrbemep? and ~he rena~ng provisions vXll con~Xnue in
~orce.
Fees, All SerViCe ~111 vi11 bi dui Zn ~Ull a~ ~he '=~ms of ~he
request ~or servers, asnav&l £sss wiX1 be due inf~ll upon =he
receipt o~ lnvotos unless o~he:viss spsct~sd by the invoice.
For ~he purpose o~ annual renewal ~ees ~hs e£~ecc~ve da~e o£ =his
Agreeue~ rill be ~hs anniversary da~e, Fees £o~ ~his-~eposi=
Agreeaen~ rill be paid vi~hin ais~y (Ge) days o£ execution o~
· h~s Ag~eeaen~ or ~his. Agreemea~ will he au~out:lc&ll¥
~s~a~aa~ed. Fees £or o~her ItrV~Ol rlqUll~l lUl~ be paid v£~hin
sixty (Ge) days or such service v~ll be automatically
~erFAna~ed,
All service ~ees and annual reneval =ess v~ll be ~hose-'-speci=led
Xn DSX's schedule o= ~ses Ln e££eo~ a~ ~.he ~ae o£ reneval, or
reques~ ~or me,vise, excep~ as o~he~ise ag:ned, ro~ a~y
XncFease Ln OSX'l -I~andaFd ,=ees, DSX shall no~=y Licensor 8~
leas~ ninety .(90) days p~o: ~o any ~eneval o~ ~s A~teuen~.
Fo~ any se~Xce no~ l~s~ed on ~he .schedule o~ ~ees, DSX s~&ll
RIDER N
OPERATING SYSTEM LICENSE
DENTON PUBLIC LIBRARY - PAGE R-48
September 19, 1994
RIDER N
LICENSE FEE DESIGNATED SYSTEM
AS listed in Rider B IBM RS/6000
Model ClO POWER PC
UNIVERSE SOFTWARE AGREEMENT
This Agreement is entered into by and between Dynix, Inc. (the
DISTRIBUTOR) located at 400 West Dynix Drive, Provo, Utah 84604,
and the City of Denton (LICENSEE) located at the 502 Oakland, Texas
76201. DISTRIBUTOR agrees to license certain software (UNIVERSE
SOFTWARE) provided by VMARK Software, Inc. (the SUPPLIER) to
LICENSEE for the internal use of LICENSEE. The LICENSEE agrees to
be bound by the terms of the sublicense herein granted.
SUB-LICENSE OF OPERATING SYSTEM
1. DISTRIBUTOR hereby grants LICENSEE a personal non-exclusive,
non-transferrable license to use and to copy in machine
readable form the UNIVERSE SOFTWARE provided by DISTRIBUTOR on
a single identified Central Processing Unit (CPU) solely for
LICENSEE's own use for its internal data processing operating
on equipment purchased from or approved in writing by DISTRIB-
UTOR. "UNIVERSE SOFTWARE" as used herein means system
software, utility programs, routines, related documentation
and media. If the designated CPU becomes temporarily inopera-
tive, LICENSEE may use the Software on a back-up CPU until
operable status is restored.
2. LICENSEE'S OBLIGATIONS
LICENSEE shall:
(a) pay the DISTRIBUTOR the license fee set forth herein:
(b) agree that title to all rights and interest in UNIVERSE
SOFTWARE, wherever resident and in whatever media
(except only the right to use pursuant to the license
herein granted) remains with DISTRIBUTOR's SUPPLIER;
install within six months of issuance and the notifica-
tion by DISTRIBUTOR of its availability the latest
releases of the UNIVERSE SOFTWARE which is offered by
DISTRIBUTOR;
(d) not make any copies of any UNIVERSE SOFTWARE except as
necessary in connection with the rights granted hereun-
der, and shall reproduce and include any copyright and
proprietary notice included on the original copy on all
such copies of the UNIVERSE SOFTWARE and mark all media
containing such copies with a warning that such UNIVERSE
SOFTWARE is subject to restrictions contained in a
license between DISTRIBUTOR and its suppliers and that
such UNIVERSE SOFTWARE is the property of the SUPPLIER;
(e) not export or transmit UNIVERSE SOFTWARE to any country
foreign to the United States;
(f) not reverse compile or disassemble the UNIVERSE SOFT-
WARE;
(g) take appropriate action, by instruction, agreement or
otherwise regarding all persons permitted access to the
UNIVERSE SOFTWARE so as to enable LICENSEE to satisfy
its obligations under this license;
(h) treat the UNIVERSE SOFTWARE as confidential information
which is proprietary to DISTRIBUTOR's SUPPLIER by not
making any part thereof available to others;
(i) shall use the UNIVERSE SOFTWARE only on the designated
system;
(j) shall promptly return to DISTRIBUTOR the UNIVERSE SOFT-
WARE and all materials associated with the UNIVERSE
SOFTWARE upon termination of this License. This License
will terminate upon LICENSEE's surrender of the UNIVERSE
SOFTWARE and all materials associated therewith or upon
DISTRIBUTOR's giving LICENSEE written notice of
LICENSEE's violation of one or more of the conditions of
this license;
3. INFRINGEMENT
3.1 DISTRIBUTOR or its SUPPLIER shall defend any claim, suit
or proceeding brought against LICENSEE so far as it is
based on a claim that the use or transfer of the UNI-
VERSE SOFTWARE and related material delivered hereunder
constitutes an infringement of a United States patent or
copyright or trade secret, so long as DISTRIBUTOR or its
SUPPLIER is notified promptly in writing by LICENSEE as
to any such action and is given full authority, informa-
tion and assistance (at DISTRIBUTOR or its SUPPLIER's
expense) for the defense of any such claim or proceed-
ing. DISTRIBUTOR or its SUPPLIER shall pay all damages
and costs awarded therein against LICENSEE but shall not
be responsible for any compromise made without its
consent. In the event of a final judgment which prohib-
its LICENSEE's continued use of the UNIVERSE SOFTWARE by
reason of infringement of a United States Patent or
copyright, or if at any time DISTRIBUTOR or its SUPPLIER
is of the opinion that the UNIVERSE SOFTWARE is likely
to become the cause of an action for infringement of a
United States patent or copyright, DISTRIBUTOR or its
SUPPLIER shall, at its sole option and at its expense,
either obtain the rights to continued use of UNIVERSE
SOFTWARE, replace or modify UNIVERSE SOFTWARE so that it
is no longer infringing.
3.2 LICENSEE shall indemnify and hold harmless DISTRIBUTOR
or its SUPPLIER from any loss, cost, or expense suffered
or incurred in connection with any claim, suit or
proceeding brought against DISTRIBUTOR or its SUPPLIER
so far as it is based on a claim that the UNIVERSE
SOFTWARE modified, altered or combined by LICENSEE with
any equipment, device or software not supplied by
DISTRIBUTOR or its SUPPLIER hereunder constitutes such
an infringement because of such modification, alteration
or combination.
4. WARRANTY
4.1 DISTRIBUTOR or its SUPPLIER warrants that the UNIVERSE
SOFTWARE, when shipped will conform to its then current
published specification for UNIVERSE SOFTWARE on comput-
er systems set forth in said specifications. In the
event that the UNIVERSE SOFTWARE does not so conform and
LICENSEE notifies DISTRIBUTOR or its SUPPLIER in writing
within ninety (90) days from the date of shipment, then
DISTRIBUTOR or its SUPPLIER shall at its option, either
correct the defect or replace the UNIVERSE SOFTWARE with
a conforming copy.
4.2 EXCEPT FOR THE WARRANTIES SET FORTH HEREIN IN THIS
PARAGRAPH 5.1 ABOVE, Distributor OR ITS Supplier DIS-
CLAIMS ALL WARRANTIES WITH REGARD TO THE UNIVERSE
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT-
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE; and the
stated express written warranties are in lieu of all
obligations or liabilities on the part of DISTRIBUTOR or
its SUPPLIER for damages, including but not limited to
special, indirect or consequential damages arising out
of or in connection with the use or performance thereof.
5. LICENSEE agrees that the sublicense Agreement may be enforced
directly by VMARK Software, Inc.
IN WITNESS WHEREOF, THE PARTIES HEREUNTO EXECUTED THIS AGREEMENT:
TITLE: Vice President TITLE: ~.~,A.-//~-.~.~'
DATE: :
RIDER O
EXECUTIVE SUMMARY, NETWORK PRODUCTS
DENTON PUBLIC LIBRARY - PAGE R-49
September 19, 1994
DATE: SEPTEMBER 20, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFSP #1600 - CENTRAL IRRIGATION AND ATHLETIC FIELD LIGHT
CONTROL SYSTEMS
RECOMMENDATION: We recommend this proposal be awarded to Maxwell Wholesale
Supply Inc. in the amount of $59,029.00.
SUMMARY: This proposal is for a high technological procurement of a radio
controlled software driven system, to control and regulate the irrigation and lighting
of athletic fields.
This system was included as a portion of the 1986 Athletic Improvement Bond
Program.
BACKGROUND: Memorandum from Bob Tickner, Superintendent of Parks dated
September 7, 1994.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Park Department, Citizens
of Denton and Athletic activities.
FISCAL IMPACT: Funds for this purchase will come from 1993-1994 Parks Budget
for Capital Improvements. The original budget estimate was $60,000.00.
pectfully .su~bmitted :.~
"City Manager
Approved:
Name: TomD. Shaw,C.P.M.
Title: Purchasing Agent
493. A~ENDA
CITYofDENTON~TEXAS MUNICIPALBUILDING / 215E. McKINNEY / DENTON, TEXAS76201
MEMORANDUM
TO: Tom Shaw, Purchasing Agent
FROM: Bob Tickner, Superintendent of Parks
DATE: September 7, 1994
SUBJECT: RECOMMENDATION ON REQUEST OF PROPOSAL FOR CENTRAL
IRRIGATION AND ATHLETIC FIELD LIGHT CONTROL SYSTEM,
RFSP 1600
After thorough evaluation of Request for Sealed Proposal, High
Technology Procurement for a Central Irrigation and Athletic Field
Light Control System, RFSP ~600, we wish to recommend the proposal
of Maxwell Wholesale Supply, Inc. of Arlington, Texas, for a
Buckner, COPS Ultima Control System in the amount of $59,029.00.
Other proposals were received from Pipe n' Head, Inc., Plano,
Texas, for a Toro/Motorola System, and Thompson Irrigation
Equipment, Inc., chino, california. The award of this contract is
made on the most responsible offer at the lowest evaluated price,
qualifications/experience, support service, warranty/maintenance
ability, and the proposed system meeting the present needs of the
city of Denton as well as future needs through enhancements and
upgrades. This is in accordance with the Texas Local Government
Code, Chapter 262. Funding for this phase is from the Parks
Division capital Account. Budget for the project was estimated at
$60,000.
This phase of the 1986 Athletic Improvement Bond Program is being
made now that all the athletic improvements are being completed at
North Lakes Park with the addition of four new softball fields and
nine new soccer fields. Previous improvements were made at Denia
Park and Evers Park. This control system will incorporate athletic
facilities in the city's park system for centralized control of the
27 lighted athletic facilities and the automated irrgation systems
at each facility.
AJJ0098E.WP5
817/566-8200 D/FW METRO 434-2529
RECOMMENDATION
PAGE -2-
System Overview
The centralized control system is a management control system for
use on our athletic field lights and large irrigation systems at
five of our park sites in the city via the city's 800 MHZ radio
system. Other sites and medians will be equipped as funding
permits. The system sometimes known as a SCADA (supervisory
control and data access) system will control the operation run time
for all athletic field lights and the irrigation systems associated
with each. Schedules will be programmed into the computer which
will turn on and off each activity at the appropriate time. This
will allow control by parks staff in place of providing keys to
league officials and park renters. Two major advantages will be
gained from this in the electric usage area. One is the ability to
control when lights are turned on for the reduction of demand
charges. Two, the lights will be turned off at a predetermined
time to mitigate electric waste. In the irrigation water usage
area, water will be controlled by programming the amount of gallons
to be applied in place of setting run times without any knowledge
of actual gallons flowing. Also, the system through the use of
flow meters will sense a line break or irrigation head malfunction,
send out an emergency page to parks maintenance staff and
automatically shut the irrigation system down by stopping the flow
of water. Also, the system will report the next morning the actual
runtime activity, gallons used for historical purposes and any
malfunctions and their location for timely repair. The system will
also provide for instant control to shut down each park site
remotely during rainfall or high water demand times at the water
plant without going to each site. In addition, the use of the ET
(evapotranspiration) rate value from the weather bureau or an on
site weather station, can be inputed in the sytem to automatically
adjust the run times for each field unit as necessary for the
proper watering of turf and trees. The control system will greatly
provide management the ability to contain costs, offer better
customer service, and provide for efficient conservation practices.
Please advise if you need any additional information at extension
8275. Thanks for your time and effort in the matter.
Superintendent of Parks
RKT/pss
AJJ0098E.WP5