HomeMy WebLinkAbout0304.09511
City of Palo Alto
City Manager's Report
TO: HONORABLE CiTY COUNCIL
FROM: CITY V.ANAGER
AGENDA DATE: Jllne 19, 1995
DEPARTMENT: Community Secvices
cm: 304:95
SUllJECT: Approval O(Maintenance Contract Vlith Amerite,k Library &nbs. for
Ubrary Computer System Maintenatl<:e_
Thill reports requests that Council approve • contract Vlith Ameritecl! Library Secvices
. (Ameritech) fur !he maintenance of software, lIardw""" and peripheral equipment « !he
hl>rary rompu!er system.
Staff recommends that Council:
I _ Award t maintenance contract wruel! may be renewed, subject \I) !he appropriation
of fund., annually foe • period 0( tw() additional years \I) Ameriteck Library Services,
in !he amoont of 542,612.24 for !he lint year, \I) provide software, hardware, and
peripheral equipment maintenance foe !he bbtary computer oystem.
2. Aullloriu !he Clty Manager or her deslllD"C \I) approve thange orders \I) !he contract
over !he three year period 10 provide a contingooey foe normal price inc=s and
maintenance of any hardware or software upgrades as outlined in !he Libnuy'.
automation plan.
POUCY IMPLJCATIONS
This repor1 does not propose any ellanlle \I) existing Clty policy.
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.' tvrmll'E SUMMARy
The library rompula J)'stem, installed in 1985 and \.'J'V8ded in 1994, has been maintained
m contrBa w.i!b Amerilecl! (formerly Dyaix, Inc.) since 1986. The system cons1 .... of ...
Hewlett Pacbrd minicomputer, 73 terminal. Iocakd throughout !he six City library
&ciIities, and associakd equipment. Amerituh's library automation software supports the
computer aolalog, circulation, ca!aloglng, acquisitions, serials, and dial·in acceu fuDC6ons.
EVery Ihree yurs, staff negociale' a mainlenance contract ,.,hieh may be re ... ..,ed l1llIually
be a maximum of two one-year period. with Amerite-ch. of PrO\'(), Utah, sole suppliu for
lUrIlkey mainleoance for !he library computet system, including Amerilech', proprietary
>oftwaIe. The mainlenuce provides ongoing upgradeJ and enhancements \0 Ihc .ottware,
itt addition to regular preventive and emergency maintenance as needed.
D5CAL IMPACT
The cost of !he maintenance contract with Amerile-ch for tisGaI ye.ar 1995-96, wben prepaid.
is $42,612.24 be !lie first year of !lie contract, including stale sale, lAx 00 software
malnlenance. A prepayment discount of 10 percent 00 the software and S percent of the
peripbenl equipment has bee. applied. Funds for !he maintenance ronlract have bee.
budgeted itt Ihe 1.ib<l'1 Sen-ices fullcti<x-.al ItreII of Ihe 1995-96 CommuniI)' SeMces
Department 00dget.
EN}UONMENTAL ASSF,SSMfNI
This project is C8legoricaIly exempt based on Section 1530 I of the California Environmental
Quality Act. '
ATIACHMENI'S
Contract with Amerile-ch Library Servi<:es foc software, hardware, and prefeJWi
maintenance.
CITY MANAGER APPROVAL:
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SOFTWARE. HARDWARE .. PERIPHERAL
PREFERRED MAINTENANCE AGREEMENT BETWEEN
AMERITECH LIBRARY SERVICES
AND
CITY Of PALO ALTO
Return to: Cindy Cros.
400 Oynix Drive
P.O. Box 19010
Provo, UT 84004-9010
TABLE Of CONTENTS
l ProvisiOns f<>< Maintenance Serv;ces
•. Te,,",,,
Ttl. OialjOOsis of !'roblems
V. Maintenance flesponsibmties
VI-Ccndlfuns of AMERlTECH·. Obngation
VII. Obflgations of THE ~TY
VIII. Nond<serimination
IX. Charges and Payments
X. T .«,.,iIlation
f""ibit 8, Schedu!e 1
fxlvblt 8, Schedu!e 2
Software Maintenance Rates
HP Hardware Maint$nance
Hardware Mainte."')ance Rates
60140 Mairlteoanee Rates
Exhlbit E Price Summar'(
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(:tTY 01' PALO ALTO 1
ScfN'we, H4nfwar .. " P'llnphecrai Meime.r.enee Agrttoment
JIiIy t, 1995
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MAINTENANCE AGRfEMENT
This Aoreementis made and entEU9<i into this 1st day of .My, 1995. by and between
AMERlTECK lIBIIARY SERVlCES (hereinafter referred to as "AMERlTECKol, a Utah
corporatioo having its off"",. ot400 Dynix Drive. P.O. eo" 19010, Provo, UT 84604-
9010. and t'le CITY OF PALO ALTO [hereinafter referred to as "THE CITY"). having
its library DMsioo offICes at 1213 Newen Road, Palo Alto, CA 94303. The term
"AMERITECH" ""an refer to the company. its agents, and its sub-cot>tractors. The
term "CITY" .ha~ refer to the City's library Division of the Community Servic".
Department. which ""an perform the operational respansibmt!es of City under this
a\l<eement.
!. PBOY\SlONS fOB MAINTENANCE SfRYlCfS
AMERITECH 8\l<ee$ to fumish as specified herein seNices to maintain the
Software. a'U Hardware. and Peripfleral devices desaibed ""low as tl'" 'System"
and THE CITY hareby purchases maintenance seNice for the System upon the terms
and con<frtioos set fQnh herein.
•• TERMS
This Maintenance A\l<gement shan commence on the 1st day of July, 1995.
and shan continue for a period of one \1 J vear. Upon a\l<gement by both AMERITECH
and THE CITY. the Mairltenance Agreement may be renewed anr.uaPy for a maximum
of twO ooa-year pet'iods upon payment of the awopriate fees by THE ClTI.
m. S\JE!CO!I!TBACTQRS
AMERITECH herebv accepU tuD responsibmty for the abrogations outlined by
this AoreemeM. THE CITY agrees that AMERITECH may sul>-contract some or an of
the periormahCe of its duties Pf0videcr for L""rein. provided that THE ClTI awoves
of the sub-eontractor. Nothing In this paragraph shaW be lnterPfeted as authorizing the
.ssiQnment of this Maintenance Agr.ement by AMERITECH.
IV. [)!AGNQSJS Of PBOB!.EMS
AMERITECH shan maintain technical personnel stationed at its Utah fac~ity for
purposaa of Pfoviding a telephone customer service to report Pfob!ems and cfoscuss
questions about operations. For diagnosis of ",Dblems. AMERiTECH support
personnel.hal be able to dial the ClTrs Library DMsion a'U dIrectly.
CITY OF PALO .uTO
Software, HarcJware • Pe~r'l8r'81 Mainterlance Agreement
July I. 1995
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v. MAINTENANCE RESPONSIBILITIES
A. Maintenance 00 Licensed Software
1. Products covered by the Software Mair>te""nce portion of this
Agreement are listed ... Exhibit A. which i. attached hereto and incorporated herein
by referonce.
2. AMERfTl:CH win provide on f.xes, minor enl'lancements. relea.o ••
or upgredes 10 the licensed Software at rio addItional charge to THE CllY. Such
fIxes. minor enhancements. releases. or upg<ade. shott be provided wlth 8"aOable
documentation for successfullnsta llatlon and implementation.
3. AMERITECH sllan provide correction. to the Lieense Software at
no ad<fltional cost 10 THE CllY for any errOf. mal~JnCtlon. or defect of the licensed
Software. excepts. provided for ... paragraph "1 below. A more deta~ed desCl'iption
of tile serviceS provided can be found in t,"e current deSCfiptior. of Amaritech Services
brochure.
4. Unsche<:uled Software maintenance and robrary consultations shan
be provided dot;"g t.,," following hou<.:
irIolude:
Monday· ThursdoV 7:00 a.m. 10 9:00 p.m. Mountai ... Standard rome
Fridav 7:00 a.m. to 5:00 pm. Mountain Standard Time
5. Hofldav. excluded from unscheduled Software maintenance service
New Year's Day
Easter
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanl<sgiving Day
CIvlstmaS Day
O. AMEfliTECH sha I provide assistance for emergency problems at
aA hou<s irIolod'lIlg wookends and hoI'ldays. Emergency assistance is more completely
descfibed in the current Description of Ameritech Services brochure.
QTY OF PALO ALTO
Software. Hardware.& Peripheral Mainten.1ncl AgHMmeo"11
Ji;1y 1. 1995
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7. ra) AMERITECH shan have no obngatioo to provide assista"". in
wrrecting errors Of problems arising in connection w"ttn. any modifICations Of'
a1teratioos t<> the Ucensed Software which have been made by 0< on behalf of THE
CiTY without AMEAlTECH's express written eonsent; 0< fo< any destruction, alteration
0( suspension of software operation due to natural disaster, communication lin-e
failure, failure by THE aTY to ~rfo<r,' we.1dy S8ves of an AMERITECH accounts, 0<
actions Of decrees of governmental bodies.
(bl IN NO EVl:NT SHALL AMERITECH SE LIABLE FOR lOSS OF
PROFIT, lOSS OF GOOO WIll OR ANY SPEClAl OR CONSEQUENTIAL DAMAGES
SUFFERED 8Y UC£NSEE OR ANY OTHER P::RSON, FIRM OR ENTITY AS A. RESULT
OF ANY A.CT OR FA.JLURE TO ACT ON THE PART OF AMERITECH IRA!:SPECTIYE OR
WHETHER SUCH LOSS Of PROFIT,lOSS OF GOOO V.'IU OR OTHER SPECIAL OR
CONSEQUENTIAL DAMAGES WAS OISClOSfD TO AMERHECH OR COUlD HAVE
SEEN REASONABLY FORESEEN 8'1' AMERITECH.
8. THE aTY m ey request that AMEAHECH periO( m standard services
such as maintenance or irnstallations -c,f new Software reTeased during times outside
those identified in paragraph four (4} above. The env wil1 be billed at the !hen
pobfished rata for the time required to ~orm such services.
B. Maintenance On CPU Hardware
,. tterru; included are det.ned in Exl1ilJit 8, Schedule 2 of the
Agreement, which is attached hereto and incorjlO<ated heroin bV reference.
2. Unscheduled on--site remediaJmaintenance shaD be performed after
notification that equipment is inoperative 0< malfunctiooing. A.M ERiTECH shan provide
THE CITY wlth a designated poin! of contact and shan make arrangements to enable
maintenance persorvier to receive such notification..
3. Hours of remediar maintenaIlce are detailed in Exhibit B Sehedufe
1. THE CITY may change or extend the hours of maintenance eoyerase upon written
agreement by AMERlTECH with payment of the !hen current charges by THE aTY.
4. All parts necessary 10t unschedufed on-site remedial maintenance
shall be fornished at no ad<frtionar charge to THE CITY, on an exchange besis. Only
new parts 0< refurblshed roke now parts shan be used.
c. Maintenance of Peripheraf Oevices
1. Proclucts covered by the Peripheral Maintenance )lO<tioo of this
Agreement are fisted in Exhibit e, which is attached hereto and ineOfjlO<ated by
reference.
CITY OF PALO ALTO
Software_ Hardware &. Peripheral Maintenance Agreement
Jufy 1~ 1995
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2. Maintenance for terminals 0< per1pl1erals may be terminated by
either party on tlie anniversary of the contra<:t. Maintenance may continue 10< on
items origmaDy rove,ad 0< eitl1e, party may discontinue maintenance for sr-eclfic
pieces of equipment.
3. Equipment which has been abused or used contrary 10 tl1e
manufacturer·s specifications is not covered by the maintenance contra<:t and the rufJ
cost of repairs wiM be bO<ne by THE CITY.
4. If maintenance on peripherals is anowed to lapse, 0< if THE CITY
wl3hes to cover equipment not currently rovered purchased more troan 30 days
previously, AMERInCH may assess. one time charge eval to the repair debit before
accepting tIMt item for roverage.
5. If THE CITY requests a loaner unit whne their piece of evipment
is being repaired. THE CITY is responsible for 1>"" loaner fee and freigllt to an from
THe CITY. loaner. are based upon avanabITity.
6. Sparing and Telecommooicatio.-. Plans only.
{al THE CITY is responsible for storing tl1e Spare. and for aD risk
~ loss. Spares remain tIMt p"operty of AMERITECH.
[bl THE CITY shan not use Spares for <>tIMtr than substitution Ctl
malfunctioning equipment as deflllOd in this Uhibit C. AMERITECH reserves !he right
to inSpect !he S!>a<es from t.'ime to time to see that tl1ey are SOCUfe and jM'~ used.
Ie] In tne eyent AMERITECH finds that THE CITY is making
unavthof'ized use ~ Spares, it may caneel !he p"ogram and require THE CITY to
purchaS<l aU Spares In its p<:tSsesslon at tha pubroshed price for comparable new
equipment.
1. Sparing Plan only.
AMERln:CH wiD be !he sole determinant 01 whathar THE CITY has
sufficient quantIties ~ equipment to iYstffy sparing. In tl1e event aD Spare. are in use
and THE CITY requires additional units. AMERITECH sha U ex",ess ship aMltTonal unit.
10 THE CITY.
VI. CON[)!T!QNS Of AMERITECH'S O8l.lGAT!ONS
All maintenance services of any nalure rendered by AMERlnCH hereunder shaD
be Dmited 1<> the System and stoaD be COfltingent upon nil: CITY's proper use ~ tl1e
System in the approcati<>n for which the System is intended.
CITY Of PALO AlTO
Software, Hardwant &. Peripf\eral Maintenance A l)1eemf1nt
July 1,1995
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\Ill. OBLIGATIONS Of!Hf qrr
A. THS CITY $ha~ be re.ponsible fO( maintaining a suffICient staff to "andle
normal day-to-dayoperation and support fo< the System, including but not limlted to
SUCh task. as back-ups and reP<l't handrmg. 1t is acknowledjjed and understood tflat
the maintenance and suppon service to be provided by AMERlTECH hereund .. r is not
intended to supplant TH£ CITY's day-to-day ope,atiorl and suppo<1 foe tl\e System.
8. THE CITY shan provide AMERITECH fu6 and free access to each item of
EctUipment to anow AMERITECH 10 provide maintenance service thereon and •
suitable place L"l wl1ic!1 to perfo<m such service shan be made ava~ab!. to
AMERlTECH. THS CITY shan provide AMERITECH an access to the System which
AMERITECH beroeves necessary 0< desirable for the perlorma nee of .flY unscheduled
on-sito remedial maintenance services. A designated representative of THE CITY shan
be in the bUflding wherever AMERITECH perSOfVl<lI are pr ... ent.
C. THE CITY shaft proll''''e suitable environment'Ol conditiorls, including ."ace, heat. fight.. ven~latiol1. coorong, .""'tricol power. c",rent and grounding. oye,
voltage protection and the fib foc the System 10 be maintained properly here under.
O. THE CITY s"ar. notify AMERlTECH immeclialely following discovery of
any erro<, defect 0< nonconformity in the license Software and THE CITY shaft not
perfo<m, nor attempt to perfo<m. 0< cause (0 be performed, maintenance a< repair to
the licensed' Software covered hereunder durir'.g the term of this MaintenallC'e
Agreement except witlt the prior writte" or oral approval of AMERITECH.
E. THE CITY shan be responsible for maintaining 111 a telephone vvit/1in
operational reach e>f 1118 central equipment., 121 an aut<>-ans ...... 120012400 baud
mo<!em attached to a P<l't foc the exclusive use of AMERlTECH. and 131 an "outSide"
phe>ne 6.,. for the modem 10 be "sed in dial-up <f,agnosticS and malntenance. The
cost of proc"'ino and malntaining this fine in good operating conditiorl wI be borne
by THE CITY: .
VIII. NONDISCRIMINATION
Neither AMERITECH. nO< any officer. agent. employee. servant a< Subcor\tractor
of AMEP.!TECH shaR <flSCriminato in the treatment 0< employment of an individual or
grouPS of ir1<foviduals on the ground of race, color. reroglon,. natiorla! origin. age, sex
or physical <f .. abffity UfVeiated to job perfo<mance. either dIrectly, indirectly or Waugh
contractual or e>ther arrangemerlts.
CITY 01' PALO ALTO
Software, Karoware I: Pel'ip"aral Maintenance Agreement
JWyl.1995
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IX. CHARr.eS ANO PAYMENTS
A.. The maintenance cha'ge. outlined in Exhibit E of this Maintenance
Agreement. whicll Is attached he,ato and incorporated he'ein by ,efa,ence. are due
and payable for Olstsnec! module. by TH!: CITY 30 days prior to the start of each
maintenance pe,iod. TH!: CITY must pay on an a""'Jar schedula.
B. Charg85 for on-site remedial maintenance p<ovided other than during the
hours of contracted maintanance or for otlle' services which ara not inck.xled in the
!IlOI>11I/y maintenance cMrges ara due end payable thirty 1301 days from the dale of
Invoice .
. C. There shal be no additional maintenance charge for:
1. Unscheduled ",,"site remedial maint"nance b<;9'JO ""'ing the
contractad hours of maintenance and extending one hour beyond.
2. Travel expenSl!s or per .tjieIT. expenses.
3. Trne spent bV maintenance personnel aflef arrival at the site
awaiting tha arrival of ad<Ilti'onal maintenance per..,...,.,r andEor delivery of partS. toots.
or theTr required materiaf after a S-ervice can has cornrnenced.
O. Any ""rease charges for llardware and peripheral maintenance during the
terre of this Agreement wiD reflect actual increased charge •.
E. T1iE CITY shaD give AMERITECH at least sixty l60J days written notica
of intention to move the Systam central site aQiJipment or any portion thereof covered
by this Agreement flom the instanation sfters! f .... t set forth above or any subsequent
relocation sita as aJllll'oved by AMERITECH. If the System lor any portion thereo!J Is
moved without the BXp<OSS app<oval of AMERln:CH, it shaD not continue 10 be
maintained by AMERITECH undor this Agr""ment. AMERITECH 0< it. autllotized
j)O(sonneI sha. supervise any d1smantrong and packing of the System or any po(tion
thal1lOf. and ahal pe<form iII$pectiOn and reinstaliation at the new location. THE CITY
ahal furnish aa Ial:>or required 10< the sidementling. paclting. U/IIIIICIOOg and the
placement In the new location. Charges for supervising, inspecting. InsUlfong.
temovinll or roiNtalUng allan be biDed 10 1liE CITY at a rata not 10 a:<ceed the rates
charged by AMERlTECH 10 third panjes possessing a Sv.tem comparable to the
System during the appfJCable calendar quarter. This dOes not apply to terminals.
wand.s. lasers. and slave ~-!!!\ters>
ern' ~ rAlO ALTO
Softwar8~ Hardw .... 5: Peripheral MOliTntenance Agreement
July 1 ... 1995
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X, TERMINADQN
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A. Termjoa-tjon of Purchases and Software license Agreement. If the
Pure" ••• of Softw",. License Agreements are b<eacl1ed bV THf CITY or t.rminated
for any reason. AMERlTECH shan hav.the right to terminate this Agreemerit without
. prejudice.
8. ~ Each party".s a right w terminate this Agreement in the event
Of default whicll is incapai>le of cure or which, being capabre of cure, t.as ~ been
cured within thirty {X>! days after racaipt of notice of suet. defaurt.
c. Rights and ObrKJation. on Termination. in the event this Agreement is
terminated, .""" party ""aU return Ie the other an data, materiaTs, and othe< properties
of !!Ie o!!Iet party th." in its possession or control.
D, Governing Law. This agreemef't sIlon be govarned by and construed in
accordanca with the laws of the State of Canfornia.
~ WITNESS WHEREOf, the parties have causad this Agreement, which shan insu,"
to tn. benefit 01 arld be binding upon the sueees."..s of the re spec"". parties, to be
signed and entered as of the elate first mentioned abcve.
WITNESSES: . AMER1TECH
dr£t~lwJJD;rJ..
~~~ Tts: MaIntenance Team Leeder
ATTEST: CITY OF PALO ALTO
Br.~ ________ ~ __ __
Mayor
APPROVED AS TO fORM:
Sr . .&.sst. City Attomey City Manager
Director 01 Community Sarvices
OirectOf of fYlance
CtlY OF PALO ALTO 8
Software. H,dware & Periphar81 MaTntenance Agree."T'Ient
J<J1y I. 1995
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Mat)' '" l..e'vy Pal<> AM City L.mry
IllHI~ tload
hlo AM, CA 94}O)
IMt Mf. L<ny,
. t'bu le= is 10 <o<>&m tblIt M<> Alto Clty L~'. Cf'\J (SN ~A4&3i):;) has 24 hour
~ 7 d$ys"~ with. hour ~ This was ~ >rid! H«w!ctt
l'acbnI <III May 11. 1m.
l'II:aSC'!<tDie k:oowiff<:On be otl\lr1bi:r~. My llumbet is J.800-lU-II020
-'SS3~
S'-"ly.
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Hardware MihlltllBDI;e Specia1ist