HomeMy WebLinkAbout1976-08-17; City Council; Resolution 39937
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RESOLUTION NO. 3993
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AGREE-
MENTS FOR THE PURCHASE OF A COMPUTER
TERMINAL AND THE RELATED SERVICES AND A
TERMINAL MAINTENANCE SEWICE AGREEMENT.
WHEREAS, the City Council of the City of Carlsbad has
jetermined that it is necessary and in the public interest to
9urchase a computer terminal and the related services and a terminal
naintenance service agreement; and
WHEREAS, the requirements of the City for said computer
terminal and its related services and terminal maintenance service
agreement can only be met by the Ohio College Library Center,
1125 Kinnear Road, Columbus, Ohio;
NOW, THEREFOLIE, BE IT RESOLVED by the Council of the City of
Clarlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor of the City of CarPsbad is hereby authorizec
2nd directed to execute said agreement for the purchase of said
zomputer terminal and the related services agreement and the
terminal maintenance service agreement on behalf of the City of
Jarlsbad.
PASSED, APPROVED AND ADOPTED by the City Council of the City
3f Carlsbad at a regular meeting held the 17th day of August I
1976, by the following vote, to wit:
AYES : Councilrxen Frazee, Lewis, Skotnicki and
NOES : None Counci l\woi.;lan Casler
ABSENT: Councilman Packard
4TTEST:
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OCLC LIBFARY AGFEEMEiJT
City of Carlsbad
1250 Elm Avenue
Carlsbad, California 92008 Date Auqust 17, 1976
Agreement between The Ohio College Library Center, an Ohio
corporation not. for profit ("OCLC") and -the City of Carlsbad,
California, _. a municipal corporation, hereinafter referred to as
("The Library") .) WITNESSETH:
IN CONSIDERATION of the mutual convenants and undertakings
described herein, the parties agree as follows:
I
RECITALS
OCLC is serving as a cooperative regional library system
within the State of Ohio, having developed for its members through
near,s of their financial support an operating computerized system
of on-line union catalog and shared cataloging activites and pro-
duction of catalog cards, and is engaged, as well, in research
..
toward further systems. OCLC has offered extension of its services
to libraries and library'regions outside Ohio, pursuartt to contract,
providing access and input to its on-line union catalog and shared
cataloging activities and production of catalog cards, together
with -the benefits of riesearch toward further systems to be made
available as they are financed, developed and implsmented.
e
I1
COVENANTS OF OCLC
0
~
(1) Pursuant to the terms of this Agreement, OCLC will
provide the Library access and input to the OCLC data base, making
available for purchase a display terminal or terminals and estab-
lishing communication lines affording from the OCLC data base
on-line union catalog and shared cataloging activity and machine
readable cataloging records on-line and producing and furnishing
catalog card production services.
(2) OCLC will determine communication carriers, meeting
the requirements of the Library, OCLC directing at all times, the
mode, method, and sequence of stations for communications doing so
upon the most feasible basis. All of the costs incurred by OCLC
for communication as well as support service in connection there-
with which may be incurred by OCLC will be billed to the Library
and paid by it as hereinafter provided.
(3) OCLC will sell the Library OCLC Model 100 Display
terminals or the equivalent, or the Library may acquire or use its
own form of terminal, provided that the Library apply to OCLC in
writing for such a substitute and that any terminal or end use
attachment other than the OCLC 100 Display or equivalent provided
by OCLC shall be subject to OCLC approval in writing,
(4) OCLC will make available to the Library maintenance
and service for OCLC terminals as set forth in paragraph III(4)
hereof.
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(5) OCLC will make available, upon an applicable OCLC
schedule, to.the Library, copies of the records it has used and
input within the OCLC data base, on magnetic tape, in MARC format.
This convenant is for the benefit of individual libraries which
have contributed to the data base, and is not intended to be an
agreement to permit any library to obtain upon request any parts
of the data base not theretofore contributed or used by said
library.
(6) OCLC will arrange for instructional manuals to be
available to the Library.
(7) OCLC agrees to instruct and train personnel and will
provide follow-up support services i.n the use of the OCLC system.
(8) OCLC agrees that as other services are satisfactorily
developed by OCLC, they will be made available to the Library
upon terms and conditions of OCLC as are then applicable.
(9) OCLC agrees with the Library as follows:
(a) OCLC assures the Library of computer capacity
and of continued operation during the life of this
Agreement.
(b) OCLC warrants that its data base and programs
are suitable and proper for the purposes of this Agree-
ment.
(c) OCLC warrants that it has the full.right to
use the data, and the programs developed and acquired
by OCLC, to carry out this Agreement without infringement
upon, nor violation of the rights of others and with full
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.
right to return to the Library in machine readable
form, copies of its own input and of other catalog
records used by the Library for catalog production.
(10) OCLC agrees to operate its on-line system from 7r00
o'clock A.M. to 7:OO o'clock P.M., Monday through Friday, local
time, except for the following national holidays: New Year's Day,
Independence Day, Labor Day, Thanksgiving, and Christmas.
(11) The parties recognize that preparation and planning
is required on the part of both OCLC and all participating
libraries in scheduling installation of terminals, testing and
startup. Whenever possible scheduling shall be made by OCLC on
the basis of the date of receipt at OCLC of an acceptable pack
definition table form from the Library, providing that OCLC has
previously received a purchase order for a terminal or terminals.
OCLC will install terminals not requiring a catalog profile and a
pack definition table form as soon as possible after receipt of a
purchase order.
(12) The Library will be responsible for any sales, use,
or other taxes, fees or assessments levied by the states or other
governmental entities to which the Library may be subject upon
any use or product contemplated by this Agreement.
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OBLIGATIONS OF THE LIBRARY
(1) The Library shall submit catalog profile questionnaires
and pack definition table forms to OCLC.
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(2) The Library agrees that it will prepare the sites for
terminals purchased from OCLC.
(3) The Library agrees that it will input all of its
current cataloging which is in Roman alphabets. In academic
libraries, terminal requirement is one terminal for every 11,000
(or fraction thereof) of all annual first-time uses, as defined
in paragraph III(5)(a), together with first-time use of cataloging
records input by the Library; for public libraries the requirement
is one terminal for 15,000 books (or fraction thereof), including
copies, cataloged annually on the OCLC system. Therefore, the
Library agrees that in terminal acquisition it will adhere as
closely as possible to the above formulas.
(4) The Library will be responsible for maintenance and
service for all terminals purchased by it. The Library will pro-
vide its own service for and maintenance of the terminals or may
obtain through OCLC such service and maintenance on a per-call
'basis, or may order OCLC maintenance service in accordance with
the standard OCLC Terminal Service Agreement, a copy of which is
attached hereto for reference. Should the Library desire to avail
itself of the OCLC Terminal Service Agreement, it may do so upon
execution of the said Agreement returning the same to OCLC for
approval -
(5) The Library will pay the OCLC charges for the various
services provided for in this Agreement in accordance with
Appendix I, OCLC charges, including the following:
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(a> The OCLC charge for on-line catalog production
which is currently based upon first-time use defined as
the initial use of a cataloging record in the OCLC data
base for catalog production where the record was not input
by the participating library.
i. Billings will be rendered by OCLC to the
Library monthly, or upon a subscription basis
quarterly in advance, semi-annually in advance, or
annually in advance, at the respective dis,counts
for each option in accordance with the schedule
designated as Appendix I(a), OCLC Payment Options.
All monthly payments, and the billings upon sums
representing the excess of actual over estimated
billings, will be due 30 days from date. Under the
subscription method of quarterly, semi-annual, or
anhual advance payment options, the OCLC billings for
such a period will be made initially upon estimates
of the number of basic first-time uses--of the-Library
taken from the then best evidence available as to
what the prospective experience may be, provided that
when the subscription amounts shall have had credited
to them first-time-use charges sufficient in the
aggregate to equal any such advance, then OCLC will
institute monthly billings until such time as the
Library shall elect to enter a new discount subscrip-
tion with OCLC.
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ii. It is recognized by both parties that ser-
vices in addition to cataloging are available through
access to and use of the OCLC data base. In order to
maintain services, develop new services and afford
fair and even handed charges for the actual uses to
which the system is put, the right to determine the
method of charging will remain in OCLC. The creation
of new, additional or substitute charges, from time
to time, if any, will be made upon consultation with
various library regions using OCLC services, but will
be determined by OCLC.
(b) The OCLC charge for catalog card production upon
the basis of the number of cards produced times the OCLC
charging rate for card production.
(c> The purchase and installation of OCLC 100 Display
terminals.
(d) The aggregate charges arising from utilization by
the Library of OCLC Terminal Maintenance in the event the
Library elects to execute a terminal service agreement.
(e) Start-up Instruction Training and Follow-up
Support Services.
(f) Search-Key Search charge for usage of public
terminals.
(g) Processing of Catalog Profile and Pack Definition
Table forms.
(h) Off-line Services.
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a
(6) In addition to the charges of OCLC referred to in para-
graph III(5) the Library will pay the costs of communication lines,
modem and other support costs in whatever form and as charged by
the selected carrier, :.e. AT€T, Tymnet, etc. All direct costs
will be billed through to the Library and will be payable upon
receipt. OCLC reserves the right, if necessary, to add a charge
for its own support services respecting configuration or any
unusual circumstance arising from determination of routing or con-
cerning a particular selected carrier.
IV
TERM
The Library and OCLC agree that this Agreement shall begin
August 17, 1976 and continue for a full term of two years, and
shall be extended thereafter on a year-to-year basis, unless either
party shall notify the other party of its election that such Agree-
ment shall not be extended, such notice to be made in writing 60
days prior to termination of the original term or any extension
term.
V
MUTUAL UNDERSTANDINGS'
It is understood and agreed that standards of library cata-
loging, uniform in nature, applicable to OCLC and libraries served
by OCLC, are an important aspect of the cooperative effort expressed
in this Agreement. Therefore, Exhibit 'rB'' attached hereto will be
adhered to by OCLC and the Library.
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VI
GENERAL PROVISIONS
(1) This written Agreement constitutes the entire under-
standing between the parties and no other undertaking inconsistent
herewith, or otherwise, by either party shall be of any force or
effect .
(2) Neither this Agreement nor any part hereof may be
assigned by OCLC or the Library without the express written consent
of the other. It is further understood and agreed that this Agree-
ment may be assigned, notwithstanding the foregoing, in any merger
or reorganization of either party, or sale of substantially all of
the assets of either party, provided that the survivor of a merger,
or the person or entity acquiring assets, or the reorganized entity
shall expressly assume in writing the obligations and duties of its
predecessor under this Agreement, and further provided that if a
party to this Agreement shall survive such merger or reorganization,
or shall remain in existence after a sale of assets, such party
shall remain primarily liable to the other notwithstanding such
merger, reorganization or sale.
(3) OCLC will not be liable for delay or damages arising
from or growing out of this Agreement by reason of acts of God,
strikes, work stoppages, shortages of material, hindrance by third .
parties, action of government or downtime due to operational failure
beyond the control of OCLC.
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(4) Any notices
suant to this Agreement
sufficient if delivered
as follows:
desired or required by either party pur-
shall be in writing and shall be deemed
by hand or mailed to the respective parties
The Ohio College Library Center
1125 Kinnear Road Columbus, Ohio 43212
The parties may give written notice of address changes.
City of Carlsbad
1250 Elm Avenue
Carlsbad, California 92008
(5) This Agreement shall be con’strued in accardance with
the laws of the State of Ohio and any provision hereof,
voidable by reason of law, shall not inyalidate the other provisions
of this Agreement.
void or
This Agreement is executed in two signed counterparts, each
of which is and shall constitute an original hereof.
IN WITNESS WHEREOF, the undersigned, being duly authorized,
on behalf of the parties, and their successors and assigns, have
duly signed and sealed this Agreement upon the day and year first
above written.
- WITNESS:
WITNESS:
dFw&w
E. ADAMS ,( City Clerk
THE OHIO COLLEGE LIBRARY CENTER
As
CITY OF CARLSBAD, a Municipal
Corporation
BY I ROBERT C. FRAZEE JMayor
As
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APPENDIX I
OCLC CHARGES
A.
B.
C.
D.
E.
F.
G.
EFFECTIVE 1 JULY 1976
BASIC PLAN
First-time Use:
Basic first-time use (without
communications, terminal lease
and service)
Catalog Card Production
OCLC 100 Display Terminal:
Purchase
Terminal Installation:
Basic, Plan (ATET)
0.CLC 100 Display Terminal Maintenance
Per Separate Agreement
Start-up Instruction, Training and
Follow-up Support Services
Search-Key Search, Public Use Terminals Annual Charge (maximum per
terminal $2,280.00)
Processing of Catalog Profile and
Pack Definition Table:
Initial start-up: Standard catalog profile and
catalog card format
Non-standard catalog profile and catalog card format
(No charge for corrections for
30 days after initial start-up)
Changes to catalog profile and/or pack definition table
$ 1.18 ' per use
$ .039 per card
$3,700-00 each
/
$ 147.85
$ 18-30 per hour plus
travel expense
. LJj-G,
$ -022 per search
$ . 28.75 per profile
$ 28.75 per manhour
$ 28.75 per manhour
t APPENDIX I
Effective 1 July 1976
OCLC CHARGES - BASIC P AN
H. Off-Line Services:
0
1.
2.
Accessions listings:
140 items or less
i4i items or more Changes in selected options
Magnetic tape, MARC I1 format of
institutions catalog records:
Cost of tape, handling E delivery
Credit for returned tapes
Copying charge per record:
1-1,000 Logical Records
1,001-5,000 Logical Records
5,001-50,000 Logical Records
50,001 and up Logical Records
I. Access to OCLC Systems via TYMNET:
Log-on
Connect Charge
J. Serials Check-In:
Per serial
K. Interlibrary Loan:
Per request
L. Acquisitions:
Basic first-time order
14. Purchase Order Charge
..
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$ 11.50 minimum
$ -086 per item
$ 17.25 per change
$ 23.00 per tape
$ 5.75 per tape
$ -035
$ 01'2
$ .004
$ * 001
$ .SO per log-on
$ 12-00 per hour
$ .034
$ * 42
$ 1.18
$ .15
The charges made and prices quoted are subject to change by OCLC at any
time and purchase orders forwarded to OCLC will not be valid except uDon
acceptance by OCLC in writing.
APPENDIX I (a)
OCLC PAYMENT OPTIONS
OPT1 ON
Annual- in- advance
Semi-Annual in
advance
I
Quarterly in advance
Monthly- after- the- fact
DISCOUNT ALLOWED
'6%
4.5%
3%
None
PAYblENT DUE DATES
August 15
August 15
January 1
August 15 October 1 January I
April 1
30 days EOM
All billings are due 30 days from date, after which there will
be assessed a charge of 1% per month.
AGREEMENT With:
%itv of Carlsbad Effective date 01 JULY 1976 day month year 1250 Elm Avenue
Carlsbad, CA 92008 Through 30 JUNE 1977
day month year
OCLC TERMINAL SERVICE AGREEMENT
Monthly Plan - Unlimited Calls
The Library or Region of Libraries (hereinafter called partici- pant) named above hereby orders terminal maintenance service from
the Ohio College Library Center (hereinafter called OCLC), and
OCLC agrees to furnish such service for the equipment identified
in Exhibit A attached hereto, in accordance with the terms and
conditions hereinafter set forth.
CHARGES, TERMS, AND CONDITIONS
1. CHARGES.
Monthly maintenance charge per terminal $39.06
There will be added to all charges amounts equal to taxes
levied or required to be paid by any instrumentality of govern-
ment respecting sales or use of parts supplied pursuant hereto.
No charge will be made for any new terminal for a period
of 90 days after the installation thereof by OCLC, except as
specified under Item 4. GENERAL.
2. TERMS. The term of OCLC's Terminal Service Agreement is 1 July to 30 June fiscal year. The participant agrees to pay all
charges due monthly in-advance. The participant may pay annually
in-advance an amount equal to twelve times the monthly charge
and will be entitled to a discount in the amount of 6% if pay-
ment is received by OCLC prior to 1 July.
If the annual payment is received subsequent to 1 July,
or if initially this contract covers less than a full term,
or if terminal(s1 is (are) added during the term, the discount
will be pro-rated *at 1/2% per month for the balance of the
term. The maintenance charge will be the amount set forth
in Item 1. CHARGES. for the term of this agreement and will
be for unlimited service calls.
"OCLC TERMINAL AGREEMENT--
1' .
Monthly Plan - Unlimited Calls
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Page 2
There will be automatic renewal of this agreement for successive one-year periods up.on receipt of payment for mainte-
nance charges in effect at the time of renewal. OCLC reserves
the right to increase or decrease the above rate due to any
change in costs.
Either party may withdraw a terminal from this agreement
or terminate this agreement at any time by giving 60 days
prior written notice. A terminal(s1 which has been serviced
under a plan other than this agreement will be accepted by
OCLC for service under this contract after the terminal(s1
has been certified by OCLC's service agency as being in satis-
factory working condition. All costs incurred both in the
certification and any repair necessary to obtain certification
will be borne by the participant.
Each new terminal purchased after this maintenance agree-
ment is signed will automatically be placed under maintenance service at the termination of the 90-day warranty period and for the balance of the then current contract term, provided
always that the participant may by written direction exclude any such terminals from this maintenance agreement at the
time of purchase-
3. WARRANTY. The charges made pursuant to this agreement will cover the cost of all labor, repairs, and replacement of spare parts for terminals covered by this agreement, except as speci-
fied in Item 4. GENERAL. OCLC agrees to maintain and provide a service capability during the term of this agreement. The participant will notify OCLC of any failure of equipment- and
it shall be the responsibility of OCLC to cause prompt response
by its service agencies subject to prior commitment of OCLC's service agencies.
OCLC reserves the right to replace any terminal, due
to an unusually high service rate, with a substitute terminal
while comprehensive tests and repairs are being performed on the replaced terminal. All costs associated with such
a procedure will be borne by OCLC, except as specified in
Item 4. GENERAL.
OCLC agrees that all parts furnished under this agreement will be free from defects in material and workmanship at the
time of installation, but the responsibility of OCLC will
be limited to the necessary adjustments, repairs, and replace- ment of such spare parts.
OCLC will not be responsible for consequential damages
by reason of downtime of any terminal at any time. In con-
sideration of this maintenance agreement, OCLC gives no other
warranty expressed or implied, including the warranty of merchantability respecting terminals, service, or parts.
c
.( .
'OCLC TERMINAL AGREEMENT--
Monthly Plan - Unlimited Calls Page 3
4. GENERAL. This agreement does not cover service, parts, or
parts repair required by causes other than normal use and
OCLC will not be responsible for failures of equipment due
to damage of a terminal by negligence or purposeful acts
of any persons other than authorized representatives of OCLC.
The participant will be billed at the rate of $249.29 for .
any service call made due to the above.
Because of the unlimited calls provision in this agree- ment, the same charge as detailed in the preceding paragraph
will be billed to the participant under any of the following
conditions:
1.
2.
3.
4.
5.
6.
7.
Staples, paperclips, hairpins, and other foreign
objects lodged inside keyboards;
Food and/or drink spilled on keyboards and
termi na Is ;
Terminals not plugged into proper receptacles, or no power in the electrical outlet;
Data cables damaged, or
not plugged into proper receptacles;
Test buttons on data sets pushed in, or
a loopback switch thrown at times other than
when requested by the Center or by the telephone
company ;
Control switches for Reverse Video, Blank,
Brightness, Contrast, or Green not in proper
operating positions ;
The participant does not call OCLC to cancel the service call where the trouble clears up
subsequent to the initial request for service.
OCLC will not be responsible for failure to render
service due to strikes, shortages, fire, floods, or other
causes beyond its control.
s. ENTIRE AGREEMENT. This agreement constitutes the entire con-
tract between OCLC and the participant, with respect to ser-
vice of terminals covered by this agreement and no warranty,
representation, or statement not expressed herein, shall be
'. ' .. '-OCLC TERMINAL SERVI @ AGREEMENT--
I
Eonthly Plan - Unlimited Calls Page 4
binding on OCLC.
prevailing, not withstanding any written statements, terms
or conditions contained in any order to the,participant for
terminals or maintenance.
The terms and considerations hereof are
APPROVED :
THE OHIO COLLEGE LIBRARY CENTER
(OCLC)
By : Date
CITY OF CARLSBAD, a Municipal
Corporation
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