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HomeMy WebLinkAbout1987-05-26; City Council; 9018; Library Computer System for Circulation and Online Catalogam Z O P Q J_ V z Z v OF CARLSBAD --p AGEN17" BILL -Ana_ 46.,P stITLC: Tnn.n.. nunurr�n nvnrt�u e�nn ntnn a nr,nu RGOT U _ ^"n- "'L" LIDRMRI CU19YUICR JiSTE i 0R C.RC,ULMI IVlt MTG. 5/26/87 AND ONLINE CATALOG CITY A� DEpT. LIB CITY MGR.� 4ECOiMMENDED ACTION: Adopt Resolution No. 909 approving the purchase of hardware and software to implement the library's computerized circulation and online catalog system. ITEM EXPLANATION: At its meeting of January 27, 1987, the City Council authorized the library to withdraw from the computer system shared with the Oceanside Public Library and to negotiate for the purchase of a computer system. That work has been completed. The choice of vendors was narrowed to CLSI (the current system) and INLEX software which runs on Hewlett-Packard hardware. Staff selected INLEX software for the following reasons: (1) user-friendly; (2) flexibility; (3) minimal training time; (4) function key orientation for high staff productivity; (5) superior reports generation and customizing capability; (6) outstanding references from existing users. Selection of INLEX software allows the library to purchase the city's existing Hewlett-Packard 3000, Series 48 computer system at the trade-in value of $20,100. This purchase will make the library's computer compatible with the city's hardware and also provides Hewlett-Packard experienced staff for backup support. Although staff's final decision was based upon the quality of the INLEX software, the Hewlett-Packard hardware also provides many advantages: (1) contemporary technology; (2) standard operating system; (3) excellent maintenance; (4) local service and parts availability; (5) built-in data base management system; (6) operating speed. FIST. IMPACT: The recommended computer system will be purchased in two phases: Phase I_- Circulation System (1986-87) Hardware (Existing Hewlett-Packard 3000 Series 48) $ 20,100.00 Hardware (Including Upgrade to Series 58) 82,585.00 Software 25,330.00 $128,015.OiF 6% Tax 7,680.90 Total $135,695.98 Hewlett-Packard Operator and Management Training $ 1,908.00 Cabling and Electrical Work 6,500.00 Total $ 8,408.00 Phase II - Online Catalog (1987-88) Hardware $ 31,216.00 Software 51500.00 36,71 .00 6% Tax 202.96 Total $ 38,918.96 Total (Hardware .and Software) $174,614.94 GRAND TOTAL $183,022.94 im r t PAGE 2 of AB# XV4r The library's 1986-87 budget includes $150,254 for the computer system. Of this total, $142,654 is state grant funds and state reimbursement funds. The Public Library Fund grant in 1987-88 is expected to be approximately $45,000, making available a total of $195,254 for the recommended computer system purchase which will occur over two fiscal years. EXHIBITS• 1. Memo to Assistant City Manager/Frank Mannen dated May 5, 1987. 2. INLEX Information Packet. 3. Resolution No. _W authorizing the purchase of a library computer system for circulation and online catalog. S EXHIBIT 1 MAY 5, 1987 TO: ASSISTANT CITY MANAGER/FRANK MANNER i } FROM: Library Director i LIBRARY COMPUTER SYSTEM PURCHASE RECOMMENDATION Library staff has spent many hours evaluating the two library computer systems under final consideration, CLSI and INLEX/Hewlett-Packard. Staff recommends purchase of INLEX/Hewlett-Packard system. DISCUSSION This recommendation is based primarily upon the quality of the software devel- oped by INLEX. However, the Hewlett-Packard hardware it runs on is also of outstanding quality. The software was chosen for the following reasons: 1. User-friendly. 2. Flexibility. 3. Minimal training time. 4. Function key orientation for high staff productivity. 5. Superior reports generation and customizing capability. 6. Outstanding references from existing users. The Hewlett-Packard hardware provides these advantages: 1. Contemporary technology. 2. Standard operating system. 3. Excellent maintenance. Q. Local service and parts availability. 5. Built-in data base management system. 6. Operating speed. The Hewlett-Packard hardware, as recommended, will support the library's needs for at least five years, and probably longer, without a major expansion. An added advantage is compatibility with the city's data processing operation and Hewlett-Packard experienced staff. f i Assistant City Manager/Frank Mannen May 5; 1987 Page 2 FISCAL IMPACT LIBRARY COMPUTER SYSTEM COMPARISON CLSI PHASE I Annual Maintenance Hardware $ 55,546.00 $ 7,865.00 Software 18,000.00 1,392.00 TOTAL T73,546.00 9,257.00 Cabling and Electrical Work $ 6,500.00 TOTAL 80,046.00 PHASE II Hardware $ 64,292.00 $ 7,950.00 Software 12,000.00 612.00 TOTAL T76,292.00 $ 8,562.00 $156,338.00 6% Tax 8,990.28 GRAND TOTAL $165,328.28 $17,819.00 Totals include training, delivery and equipment rentals. INLEX PHASE I Hardware $102,685.08 * $ 7,764.00 Software 25,330.00 6,780.00 128,015.08 $14,544.00 6% Tax 7,680.90 TOTAL 135,695.98 PHASE II Hardware $ 31,216.00 $ 1,560.00 Software 5,500.00 660.00 36,716.00 2,220.00 6% Tax 2,202.96 TOTAL T38,918.96 Hewlett-Packard Operator and Management Training $ 1,908.00 Cabling and Electrical Work $ 6,500.00 TOTAL $ 8,408.00 GRAND TOTAL $183,022.94 $16,764.00 * Includes $21,306 of State Grant funds paid to City General Fund for Hewlett- Packard computer. Assistant City Manager/Frank Mannen May 5, 1987 Page 3 The difference between -the two vendors is $17,694.66. Staff believes that savings in INLEX system staff training costs over a five-year period will make up for this difference. Training time will be cut at least in half. Based upon current costs, and an average of ten people trained per year for the circulation desk, CLSI training costs the library $7200 per year in staff time. Over five years this cost is $36,000. INLEX user training will reduce this cost to $18,000. Other savings will occur because of the ease of use of the INLEX circulation system and the speed with which the various functions can be accomplished in comparison to the CLSI circulation system. Because of the user-friendly nature of the INLEX Online Catalog software, staff time devoted to assisting patrons will be considerably less than would be the case with CLSI. Finally, reference checks with existing INLEX customers were uniformly positive. Although the maintenance costs are similar, staff believes the Hewlett-Packard maintenance service is superior to that of CLSI. This judgment is based Upon the city's experience with Hewlett-Packard and the library's past experi- ence with CLSI. The FY 86-87 library budget and the FY 87-88 library budget provide $195,254 for the recommended purchase. CLIFFORD E. LANGE PAB EXHIBIT 2. i r i { i Thank you for your interest in INLEX/3000, the software package setting new directions in library automation. INLEX/3000 was created specifically to meet the complex automation needs of today's libraries ��� =IV with sophisticated, yet easy -to -use software. INLEX is providing the way for librarians to automate with confidence by merging the high reliability and state-of-the-art computer engineering inherent in Hewlett-Packard computers with advanced sophisticated software designed to the specifications of the library community. P.O. BOX1349 INLEX/3000 is designed to be simple to use while providing great flexibility to meet the diverse Monterey, CA 93942 requirements of libraries. By eliminating the command 408-646-9666 language, the INLEX/3000 system provides easy access to its Online Catalog by the public and quick access in all the modules by the library staff. As we further expand INLEX/3000, we will continue to be committed to our belief that software should be quick 2930 Bendmiil Way and easy to use. Sacramento, CA 95833 916-922-5279 Our development team has listened to what librarians P.O Box35398, Station E have been requesting for years. We are committed to Vancouver. B.0 V6M 4G5 providing a system which allows your records and 604-263.4989 authorities to be stored in USMARC format, ensuring that your data base uses an industry standard and can be shared with other libraries. INLEX's dedication to product quality and customer satisfaction provides the foundation for the successful automation of your library. Please call INLEX for help with your library's automation needs. S' erely, George Si an President\ k I NTODUCTION f _ staged with the MODULES CURRENTLY AVAILABLE premise that a state -of the -art automated library • Cataloging and Database Maintenance system must offer considerable flexibility to e Online Catalog the customer library. The system should be • Dial -up Catalog based on existing library standards, including .Circulation Control the MARC II record formats. Screen displays • Reports should be easy to understand. The system e Administration of the system —library should be easy to use -- a truly "user policies are under the direct control of friendly" interface — yet offer powerful the library information retrieval capabilities. The • Acquisitions and Fund Accounting is j dedicated professionals on the INLEX team currently in development have used these criteria as the foundation for • Conversion Preload & Extract the INLEX/3000 automated library system. . Database Build INLEX/3000 is recognized by many as a leader in responsive library technology. CURRENT SYSTEM CAPACITIES COMPUTER ENVIRONMENT Bibliographic Records 4,000,000 Item Records 4,000,000 INt.EX/3000 is optimized for operation on patron Records 1,000,000 Hewlett-Packard HP3000 computer systems. All Characters per MARC Record 10,240 models are supported from the Series 37 to patron Categories No Limit the Series 70 including the new Spectrum Media Categories No Limit series. Multiple processors may be joined by Collection Categories No Limit the HP LAN for large terminal count Passwords Categories No Limit requirements. Location Categories 1,296 SOFTWARE ENVIRONMENT INLEX/3000 is written in a combination of structured PASCAL & C. PASCAL is 3 to 5 times more efficient than BASIC or COBOL and is the operating system language of the HP3000. The language C is used for complex utilities. I The INLEX/3000 system can be tailored to meet the circulation needs of almost any Iibrary. The basic circulation control system contains: PATRON REGISTRATION A powerful, yet flexible, patron registration module allows quick capture of patron information. INLEX/3000 can automatically administer different circulation policies for a variety of patron categories. The library sets its own policies for when a patron will be "blocked" from borrowing — number of items overdue, delinquent status, etc. CHECKOUT By simply scanning the patron barcode number and the barcode number of the item(s) to be checked out, the INLEX/3000 system links the patron to the item(s). At the time of -checkout, the system verifies that the patron is not delinquent and that the item is eligible for loan. The system automatically calculates the appropriate due date, according to library policies for particular categories of issues and patrons. RENEWALS Scanning the item to be renewed causes the system to verify that the item is eligible for renewal. If a renewal request comes in by telephone, circulation staff can key in the item barcode number. The INLEX/3000 system CIRCULATION automatically alerts the operator if a library - defined threshold for a maximum number of renewals has been exceeded. CHECK -IN Check -in is accomplished by scanning the item barcode label. The INLEX/3000 system will automatically alert the operator if the material is overdue, on hold for another patron, etc. HOLDS The holds function, which is presently in development, will allow library staff to place a hold on one or all copies of a title, either at a selected branch or for the entire library system. Multiple requests for the same title are held in a queue (first in, first out). Library staff will be able to perform an inquiry to determine a patron's position in the hold queue, and authorized staff will be able to change a patron's position in the queue, if desired. UNCATALOGUED ITEMS Uncatalogued items such as paperbacks, pamphlets and realia may be checked out simply through the UNCAT function. A bar code label is applied, scanned and a brief record entered. The item is subsequently tracked completely by the circulation system. While the system provides a Notices and Reports production scheduling capability, the operator can issue reports or notices on demand. The system provides a series of screens that permits the operator to select the desired report(s) to be printed. These reports can be restricted to a specific branch or time period. Notices are iss•xed a specified number of days after the items become due; the library defines the period during the profiling process which occur when the system is installed. The library can change these periods at any time. The system will eliminate notices for fine amounts below a defined minimum. The system will issue up to three fine notices and, at the library's option, convert the next notice to a replacement bill. The library is able to edit the text of the message for each type of notice, for each notice and for each patron category, if desired. Bills for replacement or damaged items and processing fees are itemized when printed. REPORTS The replacement cost is taken from the item record or from a system default value, e.g., an average cost. The system provides the following reports: • Circulation by Terminal • Circulation by Media • Circulation by Patron • Fines Collected by Terminal • Fines Collected by Media • Fines Collected by Patron • Notice Shelf List • Holds Notices List* • Exceptional Items on Hold* • Hold Notices* • Rec,-dl Notices* Hewlett-Packard provides very powerful Database query capabilities. The patron and item databases may be scanned on demand to create ad hoc or periodic user -defined reports. * In development W Implementation of an online catalog increases patron use of the library's most expensive resource, its collection. The online catalog makes it easy to determine the location and availability of any item in the library. The INLEX Online Catalog is unique in that it does not require users to work through menus of choices or enter a series of instructions. Rather, the INLEX/3000 Online Catalog is accessed by means of function keys. The functions associated with a given key change dynamically as the user proceeds through a search. Options available to the user are always displayed at the bottom of the screen. INLEX/3000 screen displays are crisp, clear and informative. All data elements are clearly labeled. Patrons can search the online catalog by subject, author, title, series, call number and a number of other numeric indexes, such as LCCN and ISBN. The actual indexes provided in your library are determined by you. INLEX/3000 also supports full authority cross references. The use of cross references significantly improves the searching success rate experienced by online catalog users. An INLEX Online Catalog user never receives the message "No records found." The system always displays the closest matching records. i ONLIK CATALOG The user can then browse until one or more items of interest are identified. The "Print" function key allows the patron to print out a selective bibliography while conducting a search. Keyword searching capabilities are currently being developed and will be available in early 1987. The Online Catalog has multilingual capability whereby all prompts and screen labels appear in the selected language. Any romanized language can be made available on INLEX/3000 and up to six languages can be chosen by a library. Each user can specify a language at the beginning of a search session. The system also offers the library the option of a public bulletin board for the online catalog. The bulletin board gives the library an effective way to bring library and community announcements to the patron's attention. The Dial -up catalog allows homes and businesses using any standard terminal or personal computer to access the catalog. Using straightforward commands and comprehensive help screens, immediate results to the copy and full display level may be achieved. I 1 RESOLUTION tjO. 9089 2 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE PURCHASE 3 OF A LIBRARY COMPUTER SYSTEM FOR CIRCULATION AND ONLINE CATALOG 4 5 WHEREAS, the City Council has determined that the Carlsbad City Library ' 6 will withdraw from the Joint Oceanside/Carlsbad Library Computer System and, 7 WHEREAS, the Carlsbad Library needs to install its own computer system 8 to support an online catalog, circulation and other functions and, 9 WHEREAS, staff has determined that INLEX/Hewlett-Packard is the best and 10 most appropriate system and, 11 WHEREAS, funds in the amount of $150,254 are available in the 1986-87 12 library budget to purchase the necessary hardware and software for Phase I of 13 the computer system plan and, 14 WHEREAS, staff will return to the City Council in FY 1987-88 to implement 7.5 Phase II of the computer system plan; 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 17 Carlsbad as follows: 18 1. That the above recitations are true and correct. 19 2. That staff is authorized to purchase Phase I of the INLEX/Hewlett- 20 Packard System. 21 3. That the Software Products Purchase Agreement and the Customer 22 Support Services Agreement,attached hereto as Exhibits A and B respectively, 23 with INLEX Incorporated are approved. 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 26th day of May 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and. Larson NOES: None ABSENT: None ATTEST: A THA L. Al KRA C t (SEAL) _2_ 7 /ti CUAIDE A. LEWIS M yor SOFTWARE PRODUCTS PURCHASE AGREEMENT INLEX, INC. CUSTOMER City of Carlsbad AGREEMENT NO. 1. GENERAL INTENT. INLEX, Inc. (hereinafter referred to as "INLEX") shall provide computer object code software product/s under use license to Customer as described by attachment to this Agreement (See Exhibit A), plus documentation, installation and training of Customer personnel. Customer shall operate these products on a Hewlett-Packard computer to be acquired by Customer separately from this Agreement. 2. USE OF SOFTWARE. The INLEX/3000 Software License grants the Customer the use of the software product/s on a single computer system and presumes the participation of INLEX in installation, implementation, and training of the first single library and associated branches (See Exhibit E). INLEX's participation in subsequent consultation, implementation, and training, after the first library, shall be under separate agreement. 3. IMPLEMENTATION PLFl.N. INLEX and the Customer shall jointly develop a system Implementation Plan, a draft of which is attached to this Agreement as Exhibit B, Schedule 1. Changes to the Plan shall be b mutual consent. Y The Plan shall describe, in detail, delivery dates and o,her required dates, responsible individuals and entities, action items, and any other information pertinent to the implementation of product/s under this Agreement. 4. INSTALLATION. The Customer, at its expense, shall prepare its premises for installation of the equipment necessary to operate the INLEX software and shall provide all installation facilities including space, electrical power, air conditioning and cabling in accordance with the installations requirements specified by Hewlett-Packard Co. The installation facilities specifications provided by Hewlett-Packard Co. shall be reviewed and approved by INLEX as complete to operate the INLEX software. INLEX warrants that the site and Hewlett-Packard equipment shall be suitable for the successful implementation of the INLEX/3000 software providing; a) that the electricity available to the computer and peripheral equipment does not fluctuate more that 2% from the designated line voltage, b) that all outlets providing electricity to the computer and peripheral equipment provide adequate isolated grounding with the isolated ground circuit terminating no closer to the computer equipment than the building service entrance panel, c) that data cables be so routed as to not lay parallel for any distance within two feet of cables carrying electrical current, d) that the computer room and its environment be so constructed to be free from static electricity, SPPA 1 DATE/REV.:04/87 ..� e) that the temperature and humidity of the computer room be maintained within operating tolerances as specified in all regards by Hewlett-Packard, and f) that the configuration of the computer system hardware and software not be changed from the configuration originally approved by INLEX under this Agreement without prior written approval of INLEX. 5. TIUINING. II4LEX shall work individually with user personnel in each functional area. Together they shall go through each program step-by-step demonstrating and then practicing each screen by entering and modifying data. The written documentation and any online documentation features shall also be reviewed. In addition to the individual operator training, INLEX shall conduct general classes about the system so that user personnel have a basic understanding of how their work fits into the overall operation of the system. Further, INLEX shall help the user set up the proper backup and systems operations procedures for backup and security. A Training Schedule shall be determined during implementation planning. Included in the license fees for each software product are the following on -site installation and training person days: Profiling and Operations 1.5 person days Database Loads 1.0 person day Database Control and'Administration 1.0 person day Bibliographic Interface 1.0 person day Circulation and Reports 4.0 person days • Back-up Circulation .5 person day online and/or Dial -up catalog .5 person day INLEX recommends that installation and training be accomplished in two on -site visits. The first visit of one INLEX represen- tative for 1.5 days shall include profiling and operations. The second visit of two INLEX representatives for four days shall include installation and training for all conversion and application software, purchased under this Agreement, as listed above. The Customer may choose to divide the tasks of the second visit and schedule a third visit. Each training session shall be limited to eight trainees. INLEX shall bill the Customer, at cost, for all travel and per diem expenses associated with on - site profiling, installation and training visits. Hewlett-Packard offers a full range of HP/3000 computer operations and operating system software training classes. The following are required and shall be completed by the Customer's assigned system Manager prior to INLEX/3000 installation and training. Svs em Qpergtor This four -day course teaches entry level console operators to perform the routine operating p-ocedures for the HP 3000. This includes monitoring the syste,_ console, system backup, start-up and recovery, and device file management. Operatinn procedures and daily hardware maintenance are also covered. SPPA 2 DATE/REV.:04/87 System Management This five-day course is required for the HP 3000 System Manager. The course prepares the student for the responsibilities of allocating and controlling system resources. The course covers the following: how to operate the system and maintain system records; how to design, implement and modify the account/group/user structure; how to employ MPE commands'to control system -wide activity; system start up/shut-down, generation and backup procedures; and considerations that affect operating efficiency. Students should have completed "A Programmer's Introduction" or a "System Operator" course offered by HP. 6. MANUALS. INLEa shall provide two (2) copies of all software documentation and manuals at the time the INLEX/3000 module/s is installed. INLEX grants to the Customer the right to copy or otherwise reproduce manuals and documentation furnished pursuant to this provision, for use within the scope of this Agreement at no additional charge. The two manual sets to be provided include: Training Manual Administration Users Guide Circulation Users Guide Reports Users Guide Keyword Users Guide Utilities Users Guide 7. OWNERSHIP OF CUSTOMER DATA. All files created by Customer supplied data are and shall remain the property of Customer. Customer may, using software supplied by INLEX, produce a 9- track, variable length record format magnetic tape containing all data relating to Customer's operations, including, but not limited to, bibliographic and authority data in the U.S. MARC II communications format, item data, patron data and transaction data, without de -conversion charges. 8. CONFIDENTIALITY. The parties shall retain all information belonging to the other in strictest confidence, and shall neither use it not disclose it to anyone without the explicit written permission of the other party, and that each employee of both parties having access to the information shall have a binding agreement to the same effect. 9. MISCELLANEOUS EXPENSES. INLEX shall charge the Customer expenses as incurred including but not limited to travel expenses at cost and any additional assistance at an hourly rate of $74.00 per hour for a minimum of 4 hours. Expenses will be invoiced monthly and will be due and payable within thirty (30) days from date of invoice. Customer shall pre -approve all necessary miscellaneous expenses incurred by INLEX. INLEEX shall supply Customer with evidence of such expenses if requested. SPPA 3 DATE/REV.:04/87 10. SALES AND USE TAX. INLEX and Customer agree that any and all sales and/or use tax due with regard to this purchase is the sole liability of Customer. Any sales or use tax arising from this sale which is the liability of INLEX as the seller is chargeable to Customer, plus any applicable interest and penalty. 11. CUSTOMER OBLIGATIONS. Customer's obligations include the following: A. Designate a Project Manager who shall be available at all times as the principal point of contact between INLEX and Customer. If Customer's Project Manager becomes unable to fulfill this obligation, the Customer shall immediately appoint a successor Project Manager. B. Perform structural, electrical, air conditioning, and other necessary modifications to the designated central site, all in accordance with the site specifications as provided by Hewlett-Packard and approved by INLEX.. D. Provide reasonable ingress and egress to the Library facility where the Central Site Computer Equipment and Software is to be installed, when and as requested by INLEX, subject to mutual agreement by INLEX and Project Manager. E. Provide all necessary power and telephone lines in accordance with INLEX-supplied and approved specification. F. Provide suitable working space convenient to the computer site, including a desk, chair, telephone and other related facilities. G. Provide 24-hour per day access to the computer system, on which the INLEX software products reside, via 2400 baud dial -up modem. H. Provide training facilities for each person to be trained, to include a desk or workstation and a terminal cabled to the computer system. 12. QUIET ENJOYMENT. Customer shall be entitled to use of the software in perpetuity, subject only to the Customer's obligations hereunder. INLEX represents that this Agreement is not subject or subordinate to any right of INLEX 's creditors, or if such subordination exists, that the agreement or instrument creating the same provides for non -disturbance of Customer so long as it shall not be in default hereunder. 13. ARBITRATION. In the event of a dispute which is not settled by the parties hereto, INLEX and Customer shall appoint an arbitrator under the rules then prevailing of the American Arbitration Association to determine the responsibilities and SPPA 4 DATE/REV.:04/87 W .1) appropriate course of action for each of the parties. INLEX and Customer shall equally share the expenses arising from the engagement of the arbitrator provided, however, each party shall be responsible for its own attorney fees incurred during arbitration. The decision of the arbitrator shall be final and bind' 14. PUBLICITY. INLEX shall not use in its external advertising, marketing programs, or other efforts, any data, pictures or other representations of the Customer except on prior written authorization. ls. CAPTIONS OF CONVENIENCE. The captions of the Paragraphs of this Agreement are for identification and convenience only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof. 16. SEVERABILITY. Each party agrees that it shall perform its obligations hereunder in accordance with applicable laws, rules and regulations now or hereafter in effect. If any term or provision of this Agreement shall be found to be illegal or unenforceable then, notwithstanding, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 17. NON -HIRING OF EMPLOYEES. For a period of two years form the date of this Agreement, each party shill not employee any employee of the other party. 18. PATENT AND COPYRIGHT. INLEX represents and warrants that is the owner of the software product/8 and has the full right to deliver to Customer a license to use the software product/s and that, on delivery to Customer, Customer shall have license and good right to use the same free from any liens, claims, charges, or encumbrances, provided however, Customer shall have no right to sub -license or assign its rights in respect to the software product/s or any part thereof. INLEX shall protect, indemnify and hold harmless Customer against any claims, suits or proceedings for patent, trademark, copyright or franchise infringement arising out of or resulting from the installation or use of the software, services, supplies and materials provided under this Agreement. INLEX further agrees to pay all expenses arising from such claims, suits and proceedings including costs of investigation, reasonable attorney fees, expert witness fees, damages and any other litigation related expenses and shall further pay any and all royalties, settlements or judgments for which Customer may be liable as a result of any such litigation, claims or other proceedings. 19. INSURANCE. INLEX shall hold public liability insurance from one or more insurance companies providing coverage for bodily injury, personal injury and property damage liability in the SPPA A DATE/REV.:04/87 amount of at least $500,000 combined single limit for each occurrence. Said insurance coverage shall be evidenced by a certificate of insurance or any other form of documentation of coverage as may be issued by the insurer(s) and executed by an Official of the insurer(s). In addition to the limits of coverage provided, the certificate or other documentation shall also provide that the Customer, its commissions, officers, employees and agents are named as additional insureds under the coverage afforded, that the coverage afforded is primary to any and all other coverages which may be available to Customer in connection with this Agreement, and that the insurer will provide Customer at least thirty (30) days or material change in coverage. prior notice of cancellation 20. FORCE MATEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such party. Such acts shall include but not be limited to acts of God, strike, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, floods or other disasters. 21. NON -ASSIGNABILITY. This Agreement may not be assigned by either party except with the written consent of the other. 22. LIMITED LIABILITY. Should Customer, through one of its employees, damage its database, INLEX shall not be liable for any consequential damages. Should an INLEX employee damage Customer's database, INLEX shall be liable for the costs to restore one (1) day's data to Customer's database since Customer should be performing a database system back-up on a daily basis following the INLEX recommended procedures. 23. NOTICES. Any notices or other communication having a material effect on this Agreement shall be served in one or more Of the following manners: a) In -person delivery to the authorized officer, employee, agent or other representative of the parties, b) Deposited in the U.S. mails under certified or registered handling, posted to be address(es), c) Next -day delivery using an appropriate courier service. 24. INVOICES. All invoices shall be rendered in duplicate when due. Invoices shall be submitted to Customer and handled in an expeditious manner. Invoices shall indicate as separate items delivery charges, cost FOB point of destination, sales or use taxes, insurance, supervision or installation charges, and excise taxes, if any. This Agreement number or Customer's Purchase Order number, as specified by Customer, shall appear on all invoices. Invoices shall be delivered to: SFPA 6 DATE/REV.:04/87 original: (Accounting Address) Duplicate: (Library Contact) 25. GOVERNING LAW. The laws of the state of California shall be used to interpret this Agreement and the Uniform Commercial Code shall apply. 26. PAYMENT TERMS. As per EXHIBIT D, Payment Schedule, of this Agreement 27. ENTIRE AGREEMENT. This Agreement and its Exhibits, attachments and such documents as may be incorporated by reference constitutes the entire Software License Purchase Agreement between INLEX and the Customer with respect to the software product/s listed by attachment. This Agreement and its Attachments supersedes all.proposals, oral and written, and all other communications between the parties relating to the subject matter thereof. The attachments to this Agreement are as follows, in order of precedence: EXHIBIT A - Price Schedule EXHIBIT B - Draft Implementation Plan EXHIBIT C - Clarifications and Additional Conditions EXHIBIT D - Payment Schedule EXHIBIT E - Software License INLEX and the Customer mentioned herein hereby agree to all provisions of this Agreement. C of ar ad INLEX, Inc. 'Gt1 A orized Rep&entat ve Authorized Representative Title: CLAUDE A. LEWIS, Mayor Title: Sails tuxwcxxxxxxxxxxxxxxxxxxxxxxx Signature: Date: 5/27/87 Date: P.O. Box 1349 Address of Not f cat on Off ce 656 Munras Ave Monterey, California 93940 City State zip SPPA 7 DATE/REV.:04/87 ka EXHIBIT A PRICE SCHEDULE SOFTWARE PRODUCTS PURCHASE Descri tion AGREEMENT Amount INLEX/3000 INTEGRATED LIBRARY SYSTEM USE for Hewlett-Packard LICENSES PH3000, MicroXE, including: Conversion Software To convert Customers existing data formats to INLEX/3000 data structures Patron Conversion $ 4,000.00 Title and Item Conversion MARC Load 4,000.00 118,000 Records @ $100/10,000 2►000.0o Total Conversion Software Less: Conversion Demo -site Discount(11,180,00) 1 180.00 11,180.00 Total Conversion Cost ail 180 00) .00 Application software PHASE I Base Module/ Dastabase Control -Administration 12,000.00 Circulation Reports 7,000.00 s Back-up Circulation (Note 3) 2,000.o0 PHASE II 3,000.00 . Bibliographic Interface (Note 3) Online Public Access Catalog ,000.00 Dial -up Catalog 6 ,000.00 Sub -Total Application Software Less: Application Demo -site Discount 4 000 .00 37,000.00 Total Application Software.- ��O.000 27,000 00 CONTRACT TOTAL $ 27,000.0o Notes: 1) All sales are subject to sales/use tax, as per paragraph 10 of this Agreement. 2) Prices listed include installation, documentation and training; trvel and per diem expenses shhall be billed at cost. 3) Software module listed is a PC -based module. The license fee includes the license fee for "Reflection", a third -party software product which allows a PC to emulate a HP terminal, for use on the first associated workstation. Subsequest workstations are each subject to a $500 license fee. All PC - based modules require the use of a Personal Computer (either a HP Vectra or IBM-PC "look -alike',) with a minimum of 640- Kbytes CPU memory, MS-DOS operating system, one floppy diskette drive and one 20-Mbyte fixed disk drive. i EXHIBIT A PRICE SCHEDULE SOFTWARE PRODUCTS PURCHASE AGREEMENT (Page 2) �E Descrit�tion Amount Estimated travel and per diem costs based on April 1987 prices. Expenses shall be billed to Customer at actual cost. Airfare - Monterey to San Diego $ 219.00 per person Car Rental - compact car 55.00 per day y Per diem - per person per day Hotel 60.00 Meals t # Profiling Visit - one person for 1.5 days Estimated cost $ 394.00 Installation and training visit - 2 people for 4 days Estimated cost $1,258.00 TO BE COMPLE ED BY _CUSTOMER Is prior authorization required before INLEX books travel? Yes ✓ No f If yes, by whom? ' Authorizing person } Title - Phone Number Will a Purchase Order be required? Yes No { r ) EXHIBIT B DRAFT IMPLEMENTATION PLAN t SOFTWARE PRODUCTS PURCHASE AGREEMENT i Anticipated e vent Party Responsible On or by May 15, 1987 Execute this Agreement COC & INLEX Order hardware from Hewlett-Packard COC & HP INLEX develop suggested mapping from Customers data to INLEX/3000 system and return to CoC for review & approval INLEX Customer send corrections and comments regarding data mapping to INLEX COC ' On or by June 1, 1987 INLEX on -site Profile visit COC & INLEX June 7, 1987 COC rettarns completed Installation Profile to INLEX CoC June 8, 1987 INLEX develop and test data conversion i from Customer's format to INLEX/3000 format and sends results to COC INLEX June 15, 1987 Start data capture and store on existing HP3000 series 48 CoC July 6, 1987 Upgrade series 48 computer hardware to series 58. Delivered and installed additional disk drive. Hp July 8-10 Installation of INLEX/3000 and commencement of converted data loading COC & INLEX i Training of COC staff INLEX i Aug 8, 1987 Anticipated data loading complete 5 Aug 10, 1987 COC goes live using INLEX/3000 system COC ,k i f f EXHIBIT C CLARIFICATIONS AND ADDITIONAL CONDITIONS SOFTWARE PRODUCTS PURCHASE AGREEMENT DATA CONVERSION INLEX shall assume responsibility for converting the existing Customer CLSI-formatted data (bibliographic, item and patron files) to the required INLEX/3000 format. provide sample paper copies of the various reportsCthatmmay sbell used to move the data to the INLEX/3000 system. INLEX shall develop a mapping between the Customers existing system and the INLEX/3000 system. The Customer shall have an o tunitto review and approve the mapping between the existing system and k the INLEX/3000 system. LABELS The Customer's existing Codabar labels can be used with the INLEX/3000 system. HEWLETT-PACKARD COMPUTER EQUIPMENT CONFIGURATION Due to it's expanding data processing requirements, and the needs of the INLEX/3000 system, the Customer plans to purchase an HP3000 series 70 computer. The INLEX software products purchased under this Agreement are expected to be loaded on a currently owned HP3000 series 48, which is expected to be upgraded to a series 58 prior to use of the INLEXI3000 system. EXHIBIT D PAYMENT SCHEDULE SOFTWARE PRODUCT PURCHASE AGREEMENT Event Amount Upon execution of Purchase Agreement 100% of Conversion Software $ .00 25% of PHASE I Application Software Cost 6,750.00 Upon installation of Application Software 50% of Application Software Cost 13,500.00 2 months after installation of Application Software 25% of PHASE 1 Application Software Cost 6,750.00 TOTAL CONTRACT PRICE $ 27,000.00 Notes: 1) All invoices for these payments shall have applicable sales/use tax added. EXHIBIT E SOFTWARE LICENSE SOFTWARE PRODUCTS PURCHASE AGREEMENT 1. LICENSE. INLEX, Inc., hereby grants to Customer this non- transferable license to use the computer object code software product/s listed below, on the Hewlett-Packard CPU listed below, subject to the rights and privileges stated herein and under the standard INLEX Software Limited Warranty. A copy of this right - to -use license should be retained by the system manager, as it may be requested by a representative of INLEX. 2. TERM. The Customer is granted the right to use the software product/s listed below on a single computer system with no time limit. The acquisition of a software update, or a software support service that provides regular software updates, grants a similar license to use those updates on one computer system with no time limit. 3• RIGHT -TO -COPY. Unless INLEX specifically grants Customer the right to reproduce the software product/s, these may not be copied except for archive purposes, to replace a defective copy, or for program error verification purposes without prior written consent of INLEX. 4. OWNERSHIP. The software product/s constitutes proprietary information and trade secrets and is, and shall at all times be and remain, the sole and exclusive property of INLEX; and the Customer shall have no title to, or ownership of, the product/s. 5. SECURITY. Customer agrees not to provide or otherwise make available any basic materials or related materials of the licensed product/9 to any person other than Customer's employees or any third party acting as an Agent of Customer. Customer agrees that it will take appropriate action by instruction, agreement or otherwise, with its employees and Agents permitted access to the licensed product/s, to satisfy its obligations under this License with respect to use, copying, protection and security of the licensed product/s. Customer further agrees to advise INLEX of any such misuse and to assist INLEX with taking appropriate action to remedy same. HEWLETT-PACKARD HP3000 CPU # SOFTWARE PRODUCT/S: DATE INSTALLED MARC Load To be assigned Base Module (Databrse Control & Administration) circulation Reports PC Circulation Bibliographic Interface Online Public Access Catalog Dial -up Catalog CUSTOMER SUPPORT SERVICES AGREEMENT INLEX, INC. "CUSTOMER" City of Carlsbad AGREEMENT NO. EFFECTIVE DATE_ J_f 1. GENERAL INTENT. INLEX, Inc. (hereinafter referred to as "INLEX") will provide support services, described herein to the extent these services are ordered by the Customer. Detailed descriptions of the support services offered are contained in the Exhibits which are attached or subsequently added. The Customer may authorize support services as a part of this Agreement or by subsequent orders. 2. ELIGIBLE PRODUCTS. The Customer represents that it is the owner or licensed user of the products which are to be supported undor this Agreement. 3. ORDERS. The Customer may initially order support services to commence upon the Effective Date of this Agreement and thereafter may at any time issue orders for additional services, delete services previously ordered, or add or delete products to be supported. The support services charges shall be adjusted appropriately, in accordance with Paragraph 10. Orders must reference this Agreement and applicable Exhibits, list services being ordered and products supported, and show the desired Commencement Date for services, invoicing instructions, and purchase order number. Throughout this Agreement, "orders" shall be understood to mean purchase orders, change orders, letters and signed Exhibits which authorize services, and any other written authorizations. 4. CONDITIONS OF SERVICE. INLEX shall be under no obligation to furnish support services under this Agreement should repair be required because of (1) improper use; (2) natural disast rs such as flood, earthquake or particulate pollution; (3) strike, riot, or acts of war or nuclear disaster; (4) repairs, maintenance, modifications, or relocation and reinstallation made by other than INLEX personnel or without INLEX's supervision and approval; and (5) unusual shock or electrical damage, accident, firs or water damage, neglect, air conditioning failure, humidity control failure, a corrosive or abrasive atmosphere harmful to electronic circuitry, damage during transportation by the Customer, or causes other than ordinary use. If support services are required as a result of the causes stated above, such services shall be provided at INLEX's standard services for labor, travel and material in effect at the time of service. 5. MODIFICATIONS TO additional charge to th a operation and/or unc'er this Agreement. PRODUCTS. INLEX may, at its option, with no the Customer, make modifications to improve reliability of the products being serviced CSSA 1 DATE/REV.: 02/87 6. EXCLUSIONS. INLEX's support services do not include (1) operating supplies and consumables, (2) electrical work external to the products, (3) maintenance of accessories, attachments or products not specified herein or on subsequent orders, or (4) any other services contracted for under separate agreement. 7. RELOCATION OF PRODUCTS. The Customer shall give INLEX thirty (30) days written notice prior to any relocation of products covered by on --site support services being provided under this Agreement. Products moved to a location within the contiguous United States shall continue to be serviced under this Agreement. The service call response tine and charges will be adjusted to reflect the new location. Products moved outside the contiguous United States may continue to be serviced under this Agreement, at the option of INLEX. The services to be provided and charges for such services shall be subject to mutual agreement. For installed products which will continue to be serviced, INLEX, at its option, shall supervise the dismantling and packing of the products and shall inspect and reinstall the products at the new location. These services, if provided, shall be at additional charge based on INLEX's standard service rates in effect at the time. The Customer shall furnish all labor and materials for dismantling, packing, and placement of the products in the new location. The Customer shall be responsible for any loss or damage to the products during relocation. l 8. TERM. This Agreement shall commence on the specified Effective Date and end upon termination by either party. The j Customer may terminate this Agreement at any time upon thirty (30) days written notice to INLEh and INLEX may terminate at any i time after the first twelve (12) months, for the reasons described in Paragraph 12, Sections (b) and (c), upon thirty (30) days written notice to the Customer. The minimum term of any order shall be three (3) full months. These terms are annually renewable and apply unless otherwise specified on any applicable Exhibit. 9. LIMITED WARRANTY FOR SUPPORT SERVICES. Warranty provided hereunder for software and documentation services shall be limited to providing the software support and documentation services selected by the Customer as specified in the INLEX proposal and the Section of this Agreement regarding Performance Standards. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. INLEX SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. INLEX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. CSSA 2 DATE/REV.: 02/87 10. CHARGES. The charges specified by Attachment to this Agreement are those currently in effect. These charges may be changed provided that INLEX has notified the Customer in writing of any increase at least sixty (60) days prior to invoicing at the increased rate. The Customer may prepay services up to one (1) year in advance at INLEX's prevailing charges at time of payment. Prepaid services must have a Commencement Date not more than ninety (90) days after payment. Increases that would otherwise take effect during the prepaid period shall be delayed until the end of the period, but shall be effective at the start of any subsequent prepaid period. When the Customer requests that INLEX incur commercial travel and per diem expenses because of extended travel not included in the coverage, these expenses Will be charged to the Customer and shown as separate items on the INLEX invoice. Unless otherwise stated in writing by INLEX, all charges shall be exclusive of state and local use, sales, property (ad valorem) and similar taxes. The Customer agrees to pay such taxes and, when applicable, such taxes shall appear as separate items on INLEX's invoice. 11. MISCELLANEOUS. A. Any attempt to assign or transfer any of the rights, duties or obligations herein shall render such attempted assignment of transfer null and void. B. INLEX reserves the right to withhold without liability but with prior written notice any services authorized by Customer under this Agreement if ..he Customer is delinquent in payment for any services, and to change the credit terms herein when, in INLEX's opinion, the financial condition or previous payment record of the Customer so warrants. C. In the event of any proceedings, voluntary or involun- tary, in bankruptcy or insolvency by or against the Customer, or in the event of the appointment, with or without the Customer's consent, of an assignee for the benefit of creditors, or of a receiver, INLEX may elect to cancel any unfilled part of this Agreement. D. INLEX's failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. E. Stenographical, typographical, and clerical errors are subject to correction. P'. Any notices required to be given hereunder shall be given in writing at the address of each party set forth below or to such other address as either party may sub- stitute by written notice to the other. CSSA 3 DATE/REV.: 02/87 12. EXHIBITS. Exhibits which are initially applicable are shown below or on an attached Exhibit List. A copy of each such Exhibit is also attached and hereby made a part of this Agreement. INLEX may offer new Exhibits by forwarding a copy of each to the Customer. An order to provide any of the support services described in a new Exhibit shall constitute acceptance by the Customer and this Agreement shall then include that Exhibit. Any existing exhibits shall remain in full force and effect until date of expiration. EXHIBIT TITLE DATE/REV. A - Application Management Support 02/87 13. ADDITIONAL AUTHORIZATION. If an Additional Authorization page is attached, the Customer hereby authorizes INLEX to accept orders directly from the organization listed on that page. All terms and conditions specified shall be applicable. 14. ATTACHMENTS. ATTACHMENT A - Quotdtion r1160 15. INVOICING. Charges for support services will be invoiced in advance, as specified herein and on any subsequent orders. Invoices for other charges described in Paragraph 10 will be submitted as the charges are incurred. The Customer shall pay all invoices issued under this Agreement within thirty (30) days from date of invoice. This Agreement number or Customer's Purchase Order number, as specified by Customer, shall appear on all invoices. Invoices shall be delivered to: Original: (Accounting Address) Duplicate: (Library Contact) 16. ENTIRE AGREEMENT. This Agreement and its incorporated Exhibits and Attachments is subordinate to any Software Products Purchase Agreement, between INLEX and Customer, constitutes the entire Customer Support Services Agreement between INLEX and Customer with respect to the services and materials listed by attachment. This Agreement supersedes all proposals, oral and written, and all other communications between the parties relating to the subject matter thereof. CSSA 4 DATE/REV.: 02/87 City of CArl s . ad II?IE::, I::C: Custome �- KuthoeiEed ki—prArsefitiitive Authorized Representative Title: CLAUDE A. LEWIS, Mayor Title: 5 tucz:xxxxxxxxxxxxxxxxxxxxxxxxxx Signature: Date: 5/27/87 Date: P.O. Box 1134/656 Munras Ave. Address of Notification Office Monterey, California 93940 City State zip i ii A { i i 4} 5 Fd ;Z s � f j4 S S CSSA 5 DATE/REV.: 02/87 EiiI$IT A APPLICATION MANAGEMENT SUPPORT CUSTOMER SUPPORT SERVICES AGREEMENT I. APPLICATION SUPPORT SERVICES. INLEX, Inc. will provide support services for INLEX-supplied Application Software and ongoing support for Customer's account as specified herein. 2. SUPPORT MANAGEMENT REVIEW. At regular intervals, INLEX will organize a Support Management Review to distribute INLEX product information, discuss effective application software utilization, and to review progress on current application software issues. 3. SOFTWARE RELEASE PLANNING. Before installation of a major software release, INLEX and Customer will review such items as the features of the new release, the software problems it may resolve, and how the changes may affect Customer's particular circumstances. INLEX and Customer will together develop a software release implementation plan to minimize disruption due to the update process — 4. SOFTWARE MAINTENANCE. INLEX shall make available at no additional cost to the Customer, all later versions or releases of modules of INLEX/3000 Integrated Library System Application Software that replace the current software, with associated documentation. Customer will accept such later versions provided that no existing system features are deleted or rendered inoperable by such later versions and INLEX shall provide to the Customer maintenance of such later versions as provided herein. 5. CUSTOMER SUPPORT CENTER. INLEX shall maintain and staff a Customer Support Center which shall serve as the Customer's designated point of contact for receiving reports, of system problems whether the report is made by telephone, terminal message, or in writing. 6. TELEPHONE ASSISTANCE. Customer's System Manager and/or Application Software Manager (hereafter referred to as System Manager) will receive the telephone number for INLEX's Customer Support Center. The System Manager or designated alternate may contact the Support Center to ask questions or seek advice relating to the use of the INLEX-supplied software. Support Center personnel will assist in utilizing INLEX software products, and in identifying problems and providing workarounds, if possible. Assistance may include communicating via terminal from the INLEX site, as described in Paragraph 5. The hours of coverage for telephone assistarce are 8:00 a.m. to 5:00 P.M. PST, or PDT, Monday through Friday, excluding INLEX holidays. Unless otherwise disclosed, INLEX's holidays will be: CSSA/EXHIBIT A 1 DATE/REV.: 02/87 New Years Day January 1st President's Day as scheduled Memorial Day last Monday in May Independence Day July 4th Labor Day first Monday in September Thanksgiving Day last Thursday in November Christmas December 25 Customer telephone assistance calls outside INLEX's normal hours of operation, which only will be made for true software emergencies (an entire application of the system is non- operational), will be answered by a telephone answering service. This service will in turn contact, via a pager or beeper, the appropriate INLEX Customer Support staff member who will contact customer within sixty (60) minutes of customer's original telephone call. This INLEX Customer Support staff member will exert a best effort to resolve Customer's problem. Should the call not be a true software emergency, then customer agrees that INLEX will charge customer a fee of $500.00 plus $100.00 for each fifteen (15) minutes of the call. 7. INLEX TELE-SUPPORT SERVICES. Customer will configure their system to permit access through a modem connection using a dHW*---1/c;Ce,_ quality telephone .line, and provide a voice -grade telephone near the computer system. INLEX may utilize a Customer -owned diagnostic modem,,to provide remote assistance to Customer. Diagnostics may be performed upon authorization by Customer .. through the Support Center. If this assistance does not result in resolution of the problem, INLEX will assist Customer in finding a workaround, if possible. If the results of the telephone diagnosis are inconclusive, INLEX may respond on -site, as described in Paragraph 8. 8. ON -SITE ASSISTANCE. In the event that telephone assistance is not sufficient, it is the responsibility of the System Manager to request on -site assistance. once on site, the INLEX support representative will work to completion of the task or so long as reasonable progress is being made. The on -site effort may be suspended to obtain additional resources, but will be resumed ? when they become available. On -site assistance is limited to isolating, identifying, verifying, and reporting problems associated with INLEX software. products. The INLEX support representative will assist Customer ' by providing an object code modification (patch), or finding a workaround, if possible, which allows utilization of the system. , Implementation of the support representative's recommended workaround is Customer's responsibility. If INLEX determines the reported difficulty is not the result of a problem in the INLEX software, the on -site services are subject to travel, lodging, time, and material charges to Customer. CSSA/EXHIP.IT A 2 DATE/REV.: 02/87 9. SOFTWARE PROBLEM REPORTING. If a installed INLEX software or update releases develops with by calling Customer Support Center or by submitting aeSoftwareed Problem Report. Software Problem Reports may be written by Customer or by a support representative on behalf of Customer and acknowledgeothe INLEX receipt andCinfQrmrCustemer ort Center. of the t of INLEX the Software Problem Report. Upon customers report of a critical software problem, INLEX may, at its discretion with a workaround or object code modification with Customer available. INLEX retains the right to determineathe )final dispo3ition of all reported problems. In the case of the implementation of a Program Correction occasioned by a Software Problem Report from Customer, INLEX shall prov within thirty(30) calendar days after such in lementation, such revisions and/or upgrades to user manuals, operator manuals and software documentation that have been supplied by INLEX to Customer, as may be required by Customer to effectively utilize such implementation. 10. SOFTWARE PROBLEMS. (1) Class One Software Problems shall be any failure of the software which prevents the following critical operations: online catalog inquiry, authority and bibliographic file maintenance, checkin, checkout, patron inquiry, item inquiry, title inquiry, • update, item maintenance, logging, renewal, blocks, and patron registration. 1 (2) Class Two Software Errors shall be any failure of the software which prevents the following non -critical operations: report printing, in i specified in preceding paragraph ba chtfileherthan update,�tand parameter maintenance. (3) Class Three Software Errors shall be any failure of the ! software not specifically listed in this Section which has been determined by Customer not to have a significant effect on system operation. An INLEX software maintenance representative shall respond within four (4) hours of notification by Customer of any Software Problem. "Respond" shall mean to ascertain, by appropriate means, what class of Software Problem exists and to report by telephone or terminal to Customers aathorized re corrective actions to be taken. Presentative the Unless otherwise mutually agreed upon, INLEX shall have, from the time of report by Customer to INLEX's designated point of contact: (1) twenty-four (24) hours to correct a Class 1 Softwar Problem and restore the System to Good operating e Condition; (2) forty-eight (48) working hours to correct a Class 2 Software Problem and restore the System to Good Operating Condition; and CSSA/EXHIBIT A DATE/REV.: 02/87 (3) thirty (30) calendar days to correct a Class 3 Software Problem and restore the system to Good Operating Condition. 11. SOFTWARE PROBLEM LOG. INLEX shall maintain a log of all Software Problem reports from Customer. Said log shall indicate the time the report was first received at INLEX's designated point of contact, the time an INLEX software maintenance person responded to the report, the class of the Software Error, a description of the actions taken in response to the report, the time of the action, and the time the System was restored to Good Operating Condition. The log shall be available for inspection by Customer at any time. 12. SOFTWARE RELEASE INSTALLATION ASSISTANCE. An INLEX support representative will, at Customer's request, assist with the installation of a major software release, either at Customer's site during standard hours of coverage or remotely, at INLEX's discretion. In the event that a Customer requests an INLEX support representative on site to assist with a software release intended for unassisted installation, the on -site services will be subject to travel, lodging, time, and material charges to Customer. 13. OPERATING SYSTEM SOFTWARE RELEASE INSTALLATION. Before installation of a major release of operating system software from Hewlett-Packard, INLEX will provide Customer with published instructions and implementation plan for installation. The publications will review such items as the features of the new release, the software problems it may resolve and/or cause, and how the changes may affect Customer's particular circumstance. INLEX will recommend an installation schedule to help minimize disruption due to the update process. Installation of operating system software, without the prior written consent of INLEX, may cause termination of Application Management Support, with or without notice. j 14. SOFTWARE WARRANTIES. INLEX warrants that all Program Corrections and Modifications delivered to Customer shall be free from defects in manufacture of materials and shall not degrade the performance of nor render unusable or unavailable any capabilities which are present in the software prior to the } installation of such Program Corrections or Modifications. INLEX warrants that Software Maintenance and Enhancements shall be provided to Customer without charge for a period of ninety (90) days after installation of each Application Software Module. INLEX warrants that in every period of six (6) consecutive ` calendar months the Applications Software will have an Effectivaness Level of 99% or better. Downtime shall be calculated by multiplying the actual downtime in hours and whole minutes by the applicable downtime coefficient, as defined in the following table: CSSA/EXHIBIT A 4 DATE/REV.: 02/87 u bi 1• Online catalog System 1.00 Search, Browsing, Authority Control, Display, Boolean Search 2• Circulation System 1.00 Charge, Discharge, Renewal, Holds processing, Reserve Book Room, Patron inquiry, Item inquiry, Data entry, Electronic mail 3. Loss of major functions 0.75 File update, Reports 4. Other software problems affecting system 0.50 performance 15. DATABASE CHANGES. Except as otherwise provided herein, INLEX shall not alter, amend, revise, modify, delete or change any part of Customer's database without the prior written approval of Customer. 16. REFERENCE MANUAL UPDATES. The System Manager will receive two copies of the appropriate software reference manual. updates or revisions, as INLEX makes them available. 17. RESPONSIBILITIES OF CUSTOMER A. Customer shall provide INLEX with access to and use of all Customer information and facilities determined necessary by INLEX to provide Application Management Support. B. Customer will maintain all associated system hardware and firmware at the latest required code revision level. C. Customer is responsible for maintaining a procedure external to its INLEX products for reconstruction of lost or altered files, data, or programs. D. Customer shall follow routine operator procedures as specified in the INLEX operating manuals for Customers system. E. A representative of Customer shall be present at the site at all times INLEX is performing service (on -site or by telephone). INLEX personnel will not enter or remain at Customer's facility in the absence of Customer's authorized representative. F. Customer is responsible for the safeguarding of its proprietary, confidential, and classified information. G. Customer will allow INLEX to maintain system diagnostic programs resident on Customer's system for the exclusive purpose of performing diagnostics. CSSA/EXHIBIT A 5 DATE/REV.: 02/87 I • INLEX� INC. " 656 Munras Avenue ' ► P.O. Box 1349 MONTEREY, CALIFORNIA 93942 (408) 646.9666 TO ©n II Pcrwv Q .0 A Ov rl \h,e 1, 1160 PLEASE MIOICATE THE AEOVE NUWKR WHEN OROERING ATTACHMENT A — CUSTOMER SUPPORT SERVICES AGREEMENT if1romrso 11M1PP.Ne 0A s swp"c VIA I P O e, OUANTITY I I OESCRIPTION OwrArtcm OATS fKtVtQt10N rNou�r OArt 1"WAr mumm 11 _ T;F T w � •. It C'�' "?.•..•t.� � al'rr• r.f'%' �1 j Cn t T �tF='tA+ Y `�' , '. M ..•. L . .'. �.�� ., .. •�.�.r Wit. �r • ;i n r !1.4CA3 %j 3tra'• .e;m asr! n at: aIa tr 'Ir �y+? llwr}3 t . S% i-:%v'} , •, y ' ' y ••{ ,� .fit.:. ..Lry,. •1<�h ' .t1r•.rg+r%� i�1• rs:l_r.-s, •� :� .•r•r N�.�..7 :.'r�,'n �?'� •�r?rl.`f ='_ '»7r-t�; nn,l I � • e• i rtnw PRICE H AMOUNT rv1-ni!t.h r mIm I ,SA 1 'I :pF ar c '.: ��.- • ,rm ter+• ' I r,;a f:.r terrarty i>I•t.1«.•f l; rsr mid-n!^,-Ancg4r inn a '3t,A',7y£fi-"t t�? i WE AM KEASIO TO SUEMIT THE MOVE QUOTATION FOR YOUR CONl10ERATION. SHOULD YOU PLAC9 AN OMP, NO ASSU1MD IT WN11 MCIl" OUR PROMPT ATTENTIOM TWI QUOTATION lE ELWJLIECT TO THE CoraTIONE PRINTID ON REVEMI SIOE. AND to VALID FOR*4 TIMKAPTER IT 18 SUGACT TO CNANOI WITHOUT NOTIW. NY ACCEPTEO GATE SIGN ANO RETURN YELLOW ACCEPTANCE COPY WHEN OROEMNQ C� !