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HomeMy WebLinkAbout1978-05-16; City Council; Resolution 5426r 1 2 3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT WITH THE CITY OF OCEANSIDE FOR THE JOINT OPERATION AND USE OF AN AUTOMATED LIBRARY CIRCULATION CONTROL SYSTEM. WHEREAS, the City Council of the City of Carlsbad desires to jointly acquire, use, and operate an automated library circulation control system with the City of Oceanside; and WHEREAS, the City of Oceanside has solicited competitive proposals for such a system as a cooperative purchase. THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the agreement between the City of Carlsbad and the City of Oceanside set forth in Exhibit A, attached hereto and made a part thereof is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of May 8 1978 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and NOES : None Councilwoman Cas1 er ABSENT : None (SEALY RONALD C. PACKARD , Mayor d 4 d I t A I 4 d i ! 1( a: 1: 1: 1f If 1( 17 ZE 1s 2c 21 2% 23 24 25 26 27 28 AGREEMENT (Purchase, operation and maintenance of Automated Circulation System) THIS AGREEMENT made and entered into as of the 16th day of , 1978, by and between the CITY OF OCEANSIDE, a May municipal corporation organized under the laws of the State of California, and hereinafter designated "Oceanside," and the CITY OF CARLSBAD, a municipal corporation organized under the laws of the State of California, and hereinafter designated "Carlsbad." WITNESSETH: WHEREAS, Oceanside and Carlsbad individually desire to acquire m Automated Circulation System (ACS) to increase the efficiency If the operation of their respective municipal libraries and thereby provide an improved level of service to the citizens of 2ach city; and WHEREAS, the cost of acquisition, maintenance, and operation >f such a system is significantly reduced if the parties jointly >articipate in such acquisition, maintenance, and operation; NOW, THEREFORE, in consideration of the mutual covenants and igreement as hereinafter set forth, the parties hereto do hereby :ovenant and agree as follows: 1. Solicitation of Proposals. Oceanside shall prepare a !orma1 Request For Bids (RFB) for the acquisition of an ACS. !his RFB shall incorporate all functional, installation, service md such other requirements as desired and agreed upon by the rarties hereto. Oceanside shall thereafter, in accordance with stablished purchasing procedures of said City, solicit and re- Ieive bids for the acquisition of the ACS. '1 2 3 4 5 6 7 E 9 1c 4.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Award of Contract. The award of the contract to provide the ACS shall be made to that vendor which is determined -0 be the "lowest responsible bidder." the "lowest responsible bidder" will be determined after the following factors have been considered: In addition to the bid price, (1) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (2) Whether the bidder has the facilities to perform the contract or provide the service promptly or within the time specified without delay or interference; (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (4) The bidders' record of performance of previous contracts or services; '* (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; (6) The sufficiency of the financial resources and abilit of the bidder to perform the contract or provide the service; (7) The quality, availability and adaptability of the supplies, equipment or services to the particular use required; (8) The ability of the bidder to provide future mainte- nance and service for the use of the subject of the contract; (9) The number and scope of conditions attached to the bic 3. Main ComDuter Unit. a. Acquisition. Oceanside shall acquire the main computer unit consisting of a general processor, storage units, printer and/or such other hardware as may be provided by the vendor as well as all necessary software. 2. I. : * 1 I r t < 1( a1 1: 12 14 1: le l'i 1E 1s 2c 21 22 23 24 25 26 27 28 e b. Cost of Acquisition and Installation. The parties shall share equally in the cost of the acquisition and installation of the main computer unit. c, Location. The main computer unit shall be housed in 3ceanside in such location as Oceanside deems most suitable to facilitate operation of the ACS. d, Operation and Maintenance. Oceanside shall operate the Maintenance shall nain computer unit on behalf of both parties. De provided on a service contract basis. (1) Cost of Operation and Maintenance. The parties - shall equally share all costs of operating and maintaining the main computer unit. (2) Hours of Operation. Oceanside shall operate the main computer unit so that the ACS will be available a min'imum of seventeen (17) hours per day, seven (7) days per week. mutual agreement of the parties. that the system need not be operated during specified holidays. e. Storage Capacity. Each party shall be entitled to use The exact hours of operation shall be fixed by the The parties may also agree me-half (1/2) of the storage capacity of the main computer unit. be storage capacity of the main computer unit may be expanded by :he mutual agreement of the parties. The costs of such expansion ;hall be shared equally by the parties unless one party is using tore than one-half of the storage capacity of the main computer [nit. In that case, the expansion costs for each party shall be lased on the percentage of the average storage capacity actually sed by that party, f. Printer Supplies. Each party shall provide its own 3. 31 2 3 4 5 E 7 € s ZC a3 12 1: 14 If le 1: It 1: 2( 2: 2: 2; 2r 2! 24 2' 21 . rinter supplies if other than standard one-part continuous form )aper. Continuous form paper will be provided by Oceanside on a :ost reimbursible basis with such cost to be determined by mutual igreement. g. Access to Main Computer Unit. Both parties shall have ?qual access to and use of the main computer unit and computer software programs during scheduled operating hours. h. Ownership of Main Computer Unit. The parties shall be ?qual owners of the main computer unit and all associated software. i. Insurance. The parties shall share equally in the cost >f insuring the main computer unit. Oceanside shall obtain such insurance coverage for the main computer unit as may be recommended 2y Oceanside's Safety and Insurance Officer subject, however, to the mutual concurrence of the parties. The parties shall be named equal beneficiaries of any insurance coverage obtained for the main computer unit. 4. Workstations. (Computer access terminals). a. Acquisition. The request for bids €or the ACS shall include all workstation equipment necessary to meet the needs of each individual party as established by said party. Each party shall individually bear the entire cost for the acquisition and installation of its own workstations. b. Operation and Maintenance. Each party shall operate and maintain its own workstations at its own expense. Included in any such expenses shall be the cost of connecting the workstations into the main computer unit, 5. Financing Initial Acquisition. The total purchase price for the acquisition of all main computer unit hardware, all 4. 1 2 3 4 5 11 l! lt 1' 11 l! 2( 2: 21 2: 2' 2 2 2 2 rorkstation hardware necessary for both parties, all ACS software, ind ACS maintenance for the first year of operation, including ;ales tax is two hundred six thousand one hundred seventy dollars :$206,170). Each parties' share of such'purchase price is: Oceanside - one hundred four thousand one hundred forty-five dollars ($104,145) ; Carlsbad - one hundred two thousand twenty-five dollars ($102,025). Prior to the date upon which the initial payment for the icquisition of the ACS is due to the vendor thereof, Carlsbad shall ieliver to Oceanside the sum of twenty-two thousand eight hundred lollars ($22,800). Oceanside shall use such sum to make initial ?ayment to the vendor. ?rice, seventy-nine thousand two hundred twenty-five dollars The balance of Carlsbad's share of purchase ($79,225), plus Oceanside's share of the purchase price, one nundred four thousand one hundred forty-five dollars ($104,1451, shall be financed by a five (5) year lease-purchase agreement. 3ceanside shall obtain such financing and shall make the payment thereon on behalf of both parties. reimburse Oceanside for Carlsbad's share of the lease payment, plus interest. mutual agreement of both parties. Carlsbad shall periodically The terms of such financing shall be subject to the - 6. ACS Program Expansion. The program capabilities of the ACS may be expanded by mutual agreement of the parties. All costs of program expansion will be shared equally by the parties hereto. 7. Additional ACS Participants. Additional library entities may be permitted to join in using the ACS. Permission for partici- pation in the ACS program by such additional entities and the 5. >- *. 1 2 3 4 5 E 'i E $ 1( 43 1: 1: 1L l! It 1' 14 , l! 2( 2: 2; 2: 2d 2: 2( 2' 2; :erms and conditions of such participation shall be subject to the iutual agreement of the parties hereto. 8. Term. The initial term of this agreement shall be for a Ieriod of five (5) years. This agreement shall automatically be renewed thereafter on a year-to-year basis unless otherwise :erminated. 9. Termination. Either party may terminate this agreement ipon 180 days written notice, The terminating party will re- Linquish all right, title, or interest in the ACS except that iardware which the terminating party has independently acquired. luring the initial term of this agreement, the terminating party shall be liable for a cancellation charge equal to the remainder >f its share of the unpaid acquisition and installation cost of the main computer unit including finance charges. 10. Privacy Act Violations. Each party is solely responsible for any liability arising from any privacy act violations allegedly 6. resulting from a disclosure from its own terminal sources which is not caused by a system failure. 11. Loss of Data. Oceanside shall not be liable for any loss of system data due to any acts beyond its control including but not limited to fire, flood, riot and earthquake. 12. Advisory Committee. The parties shall establish an ACS Advisory Committee composed of representatives from each party to be designated by the City Managers thereof. The Committee may ///// ////I //I// /I/// ///// ///// /I/// ///// 1 2 3 4 5 6 7 s JC 91 12 1: 14 If 1t 1: 1t I! 2( 2: 21 2; stablish rules and regulations for the operation of the ACS subjecl .o the approval of the Library Boards of Trustees of the parties. 'he Committee may also make recommendations on the ACS including )ut not limited to expansion or modification, the addition of other )articipants, changes in policy or iPPROVED AS TO FORM AND LEGALITY: :ity Attorney, City of Oceanside ZPPROVED AS TO FORM AND LEGALITY: 3ity Attorney, City' of Carlsbad 'INCENT F. BIONDO this agreement. CITY OF OCEANSIDE, a municipal corporation, Mayor BY Attest City Clerk CITY OF CARLSBAD, a municipal corporation, RONALD C. PACKARD, Mayor I 7.