HomeMy WebLinkAboutNew Business #1 11-02-87~' ~L I~'~ ~ NEW BUS~NE$S
DATE' N0VE#BER 2, 1987
TO: HONORABLE MAYOR & MEMBERS OF THE COUNCIL
FROM: WILLIAM A. HUSTOR, CITY MANAGER
SUBJECT: AUTHORIZATION TO PURCHASE CO#PUTER EOUZPMENT AND APPROVAL OF C[TYLI#K
CONTRACT
RECOIM~ENDATION
1. That the City Council appropriate $ 18,000.00 from the General Fund to purchase
Hewlett Packard computer equipment, software, contract maintenance services and
related computer furniture.
2'. Authorize the Mayor to execute the League of California Cities Citylink Service
Con~act.
BACKGROUND
In conjunction with the City's transition to more variable and functional main
frame-compatible computer workstations, Administrative staff is requesting an
appropriation to purchase a Hewlett Packard Vectra ES/12 workstation, related
software programs and furniture. The equipment will considerably expand the
capabilities and efficiency of information processing in the Administrative offices
and is fully compatible with the mein-frame HP 3000 and the other HP Vectra and HP
150 equipment located in City Hall and the Police Department.
If the equipment appropriation is approved, staff wishes to subscribe to the League
of California Cities Citylink information service. The service, which would be
linked to the requested computer workstation via telephone lines, tracks activities
in the California legislature. For example, full texts of bills, amendments, votes,
etc. will be available within hours of the action taken. Staff will have virtually
immediate access to information about legislation affecting the City. Another
feature is electronic mail which allows communication with any other California city
subscribing to Citylink. A request for information could be processed through
electronic mail and be immediately received by all other subscription cities. The
contract has been reviewed and approved by the City Attorney.
The cost breakdown is:
Computer equipment, software, maintenance, furniture $ 15,860
Citylink - Start Up, Annual Usage Fee m 2,140
TOTAL $ 18,000
Wtl~iam A. H~ston'V v
City Manager
Attachment
k/8/87 ._
CITYLINK SUBSCRIBER AGREEHENT
THIS AGRBEHENT for CITYLINK services_ is entered into this
day of , 198__, by and between CAPITOL INFORI~TION
MANAGEMENT, having s principal place of business at 11060 White
Rock Road, Rancho Cordova, CA 95670 (hereinafter "CIM"), and
having a
principal place of business at
(hereinafter 'Customer").
1.0 TERHS.
1.1 TERHS OF AGRREH~NT. This Agreement shall have ss
an Effective Date the date first above written,
and continue in force for a period of one
year. After said term, this agreement shall
automatically renew itself, unless written notice
is received by CIM thirty (30) days in advance of
the renewal date, requesting Cancellation or
renewal under a different service option.
1.2 TERHINATION. CIH may terminate this Agreement
upon ninety (90) days ~ritten notice to Customer
and Customer may terminate this Agreement upon
ninety (90) days written notice to CIH in the
event CIH exercises its rights under Section 3.2
of this Agreement. Upon termination, Customer
agrees to give CIM written instructions as to the
disposition of all data and materials provided by
Customer. Unless such instructions have been
received by CIM within ninety (90) days after the
date of termination, CIH may, in its sole
discretion, dispose of all such data and
materials. Expenses of such disposition shall
be borne by Customer.
1.3 PAYHI~NT. Customer agrees to pay CIM the stated
charges as provided in Exhibit A attached hereto
for ail work completed or in progress as of the
effective date of termination of this Agreement.
2.0 S~R¥IC~8 PROVIDED.
2.1 BILL TRACKING. CIH agrees to provide the Customer
an on-line legislative information service
(hereinafter referred to as "the System") which
provides comprehensive information on all bills
introduced in the California Legislature. While
CI~ reserves the right to.modify or enhance the
system without notice to the Customer,
specifically included in the current package are
the following:
· a. Summaries of all bills introduced in the
Legislature;
b. Listing of all actipns on every bill;
c.. Ability to sort and' select bills by author,
subject and code sections;
d. Listing of all bills amended the previous
day;
e. Voting records; ....
f. All bills set for hearing in committee and
floor agendas;
g, Contributions to legislators given by
-individuals, political action committees and
businesses;
h. Ability to sort and select bills that have
been enrolled, chaptered and/or vetoed;
i. Ability for Customer to create individual
files of bills;
j. Current summaries of major legislation; and
k. Aa available, the full text of all bills.
2.2 ELBCTRONIC DATA BASE DISTRIBUTION SHRVICES. CIM
shall provide and install the electronic data base
distribution service required for. use of the
System within thirty (30) days of the execution of
this Agreement. Customer shall provide and
maintain the necessary hardware and operating
environment for such installation; CIM shall not
be required to install such electronic data base
until such suitable hardware and environment are
provided. CIM will not maintain equipment provided
by the customer nor will it provide 'consulting
service on the use of this equipment. Customers
who choose to utilize their own equipment are
responsible for the purchase of any necessary
communications software and hardware.
2.3 TRAINING. ClM shall provide training in the use
of the System and the electronic data base for up
to four (4) members of Customer's staff;' such
training shall be available at CIM designated
times and locations. CIM will provide customer
with one (1) User's Manual. Additional User
Manuals may be purchased from CIM at any time.
Travel costa incurred during training sessions
will be the responsibility of the Customer.
2.4 SYSTEM IMPROVEMENTS. CIM'a policy is to use
reasonable efforts to provide improvement in the
quality of service to Customer. CIM therefore
reserves the right to make changes including, but
not limited to, operation procedures, operating
systems, programming languages, general purpose
library programs, application packages, time
periods of accessibility, types of terminals and
other equipment, and the ~IM__~omputer Center _
serving the Customer.-
3.0 PAYMENT. Customer shall be billed according to ~he
rate schedule set forth in Exhibit A attached hereto
and by this reference incorporated herein.
3.1 CONNECT CHARGES. Each access (log-on) by a
Customer to CIM computer system will be assessed
minimum 5-minute charge regardlesa of length of
connect period.
3.2 PRICE ADJUSTMENTS. GIM may adjust the rate
schedule set forth in Exhibit A upon 90 days prior
written notice to Customer.
3.3 INTEREST. An interest charge of 1.6 percent per
month (one (1) dollar minimum) will be added to
the unpaid balance of Customer account after
thirty (30) day period.
4.0 TAXES AND CHARGES INCLUDED. Customer shall pay all
federal, state and local taxes, assessments, charges
and other taxes including, but not limited to, excise
taxes, ad valorum taxes, or other taxes which are
imposed by local, state or federal governmental
authority-by virtue of this Agreement, exclusive of
taxes based upon revenues or gross income of CIM.
5.0 LICENSE. CIM hereby grants and Customer accepts a non-
transferable and non-exclusive license to use the ClM
proprietary software, materials and the proprietary
electronic data base distribution services (which is
owned by Applied Data Research Inc., (A DR) hereiaafter
collectively referred to as the "Proprietary Programs")
according to the restrictions and terms outlined Below:
a. Customer shall process only Customer's
data on the Proprietary Programs, using
only Customer's employees.
b. Customer may not assign,
se._., sub-
license,transfer, copy, market, mortgage,
encumber, or otherwise make available
Proprietary Programs or any portion thereof
to third partie~.
c. Customer may not remove any proprietary
notice of CIM or ADR on any materials
associated with the Proprietary Programs.
d. Customer shall use Proprietary Programs
only on Customer's premises except as
necessary for brief periods not to exceed
thirty (30) working' days, due to equipment
failure necessitating the use of backup
equipment at other locations.
e. The Proprietary Programs are acknowledged
by Customer to be 'composed of confidential
data and know-how which are trade secrets of,
as well as the sole and exclusive property of
CIM and ADR. Except as elsewhere provided in
this Agreement, Customer will not, during
the term of this . Agreement or thereafter,
without the prior written consent of CIM, cE
as applicable, either copy or duplicate or
permit any other person-, corporation or
entity to copy or duplicate any portion of
the Proprietary Programs.
f. Customer agrees to notify CIM promptly of
any circumstances where there is
unauthorized disclosure, possession, use or
knowledge of any part of the Proprietary
Programs or physical portion thereof,
or other information made available
pursuant to this Agreement.
g. Violation in any respect of any provision
of this Section shall cause irreparable
injury to CIM and/or ADR, and CIM and ADR
jointly and severally shall be entitled to
preliminary injunctive relief and other
injunctive relief against any such
violations. Such injunctive relief shall be
· n addition to and in no way in limitation of
any and all remedies or rights to recover
damages CIM and ADR shall have at law or in
equity for the enforcement of the above
Agreement.
6.0 WARRANTY'AND LIMITATION OF LIABILITY. CIM does not
warrant the accuracy, timeliness, or content of the
materials produced or transmitted as a part of this
service. CIM shall not be liable for any direct,
punitive, or consequential damages which result from
reliance on the materials produced by Customer or any
third parties.
?.0 NOTICES. Notices, requests, and other communication
required pursuant to this Agreement shall be in writing
and sent by United States first class mail, postage
prepaid, at the following address:
To.ClM:
Electronic Data Systems
Capitol Information Management--Division
11060 White Rock Road
Rancho Cordova, CA 95670
Attention: Bran White
To Customer:
Either party may at any time change its address for
notification purposes by a mailing notice setting forth
the new address and the date upon which such new
address shall be effective.
8.0 SEVERABILITY. If any provision of this Agreement,
except for any provisions involvin~ payment, is
declared or found to be illegal, unenforceable or void,
then both parties shall be relieved of all obligations
arising under such provisions, and the remainder of
this Agreement shall not be affected by such
declaration or finding and each provision not so
affected shall be enforced to the fullest extent
permitted by law.
9.0 WAIVER. No delay or omission by either party to
exercise any right or power accruing upon ~ny
noncompliance or default by the other party with
respect to any of the terms of this Agreement shall
impair any such right or power or be construed to be a
waiver thereof. A waiver by either of the parties of
any of the covenants, conditions or agreements to be
performed by the other shall not be
construed to be a waiver of any succeeding breach
thereof or of any other covenant, condition or
agreement herein contained. All remedies provided for
in this Agreement shall be cumulative and in addition
to and not in lieu of any other remedies available to
either party at law, in equity or otherwise.
10.0 GOVERNING LAW. This Agreement shall be construed
--under, governed by, subject to, and enforced in
accordance with the laws of the State of California.
11.0 HEADINGS. The article and section headings used herein
are for reference and convenience only and shall not
enter into the interpretation hereof. Any schedules
referred to herein and attached hereto are incorporated
herein to the same extent as if set forth in full
herein.
12.0 ENTIRE AGREEMENT. This .Agreement, together with any
schedules attached hereto, supersedes all previous
agreements and understandings of any nature
whatsoever, verbal or written, and constitutes
the entire understanding betwee~ the parties'
hereto. This Agreement shall have no force and effect
until executed bra duly authorized representative of
CIM and & duly authorized representative of
Customer, and all modifications and amendments
must be in writing and executed by the parties hereto.
13.0 ASSIGNMENT. Neither party may assign this Agreement to
any other party; except in the case of CIM, to
Electronic Data Systems Corporation {"EDS"), its
parent, or a wholly-owned subsidiary of EDS.
14.0 FORCE MAJEURE. Neither party shall be deemed to be in
default of any provision of this Agreement or to be
liable to the other party or to any third party for any
delay, error, failure in performance or interruption
of performance resulting d'irectly or indirectly from
causes beyond that party's reasonable control. Such
causes shall include, but not be limited to, riot,
interruption of power or telecommunications services,
civil or labor disturbance, court order, acts of God,
war, boycott, strikes, or insurrection.
IN WITNESS WHEREOF, Customer has caused this Agreement to be
executed by a duly authorized representative, and this A~reement
shall be binding when accepted by CIM and executed as of the day
and year first above written.
CAPITOL INFORMATION MANAGEMENT CUSTOMEH:
BY: BY:
TITLE: TITLE:
DATE: DAT~:
ATTEST:
City Clerk
Approved as to form:
by
City Attorney
ClTYLINK PRICING EXHIBIT "A"
BASIC SERVICE
INITIAL HOOKUP FEE ........................... $250.00
(Includes account set-up, user manual,
training for up to 4 people, and
communications software for IBM PC or PC
compatible gse~L ..........................
* ANNUAL USAGE FEE
OPTION I .............................. $2,100
{payable in 12 monthly installments of
$175 per month and includes 48 hours of
connect time during term of this
agreement)
OPTION II ........ ; .................... $1,890
(payable in single payment within 30
days of training and includes 48
hours of connect time during term of
this agreement)
ON-LINE CONNECT CHARGES ...................... $35/hour
(for connect time exceeding 48 hours
per year)
INDUCEMENT SERVICES ................. - ......... 10 hours
(10 free hours to be used during first
two months of contract)
ADDITIONAL THAINING ......................... $100/day
ADDITIONAL SITE VISITS ...................... expenses
TRAVEL EXPENSES ............................. cost
CIM SOFTWARE UPDATES ........................ included
(software u.~dates will be provided in
hard copy and, on-line)
CIM reserves the right to increase the above rates with
90 days prior written notice to customer.
* Please initial your preferred option of payment.