Loading...
HomeMy WebLinkAboutR-1101-4-92RESOLUTION NO. 1101-4-92(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT TO PARTICIPATE IN A COOPERATIVE PUBLIC LIBRARY AUTOMATION PROJECT WITH THE CITY OF PLANO, TEXAS. WHEREAS, the City of Allen wishes to provide to its citizens the best possible level of library services delivered in a timely and efficient manner; and, WHEREAS, it is recognized that no individual library can expect to maintain a sufficiently comprehensive collection of materials to satisfy the information needs of diverse users; and, WHEREAS, the City of Plano desires to make available to Allen use of its automated library system for the purpose of providing automated circulation and other automated library services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS THAT: SECTION 1: The City Manager is hereby authorized to sign an Interlocal Agreement with the City of Plano for the purposes of linking the data bases of the Allen Public Library and the Plano Public Libraries via computerization and telecommunications. SECTION 2: This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 16th DAY OF APRIL . 1992. APPROVED: �� X*40�� Joe Farmer, MAYOR ATTEST: 4Jy MSECRETARY AGREEKE1'P I� THIS AGREEKENT made and entered into this day of 1992 by and between the CITY OF PLANO, TEXAS (hereinafter called "Plano") and the CITY OF ALLEN, TEXAS (hereinafter called "Allen"), both Texas municipal corporations, and acting herein through duly authorized agents, officers and employees: WITNESSETH: WHEREAS, Plano is the exclusive owner and custodian of a computer system from Dynix, Inc. (the "System") which consists of acquisition, cataloging, circulation, and public access modules; and WHERFAS, Plano desires to make available to Allen access to the System by remote on-line terminals; and WHEREAS, Allen desires to use the System for the purpose ��(( of providing automated circulation and other automated services now and in the future to its library; and WHEREAS, as permitted under Article 4413 (32c) V.A.C.S., the Interlocal Cooperation Act, Plano and Allen wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which Plano will provide automated library services; 2 NOW, TSEREFORE, for and in consideration of the mutual covenants, obligations and undertakings set forth herein, the parties hereto agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Interlocal Cooperation Agreement is to provide library services that better serve all our library users in a more timely and efficient manner. To that end, Plano and Allen agree herein to share resources through an automated, integrated library system and to provide reciprocal borrowing services to qualified patrons of each other's library at no charge to the libraries or to the patrons. 2. SCOPE OF SERVICES: Plano shall provide automated library services to Allen. Such services shall include provision of system hardware and software, contract and system administration, and certain administrative services as follows: A. Access to the System by telecommunications line. H. Any initial training, with the exception of telecommunications, needed by Allen during installation of equipment at the Allen site or in conjunction with the installation of new or revised software, and on-going staff assistance to Allen's staff during the term of this Agreement. C. Use of the system via the number of ports mutually agreed upon by Allen and Plano. D. Electronic mail service. E. Hack -up tapes of Allen data stored off premises. 3 3. DURATION: A. The commencement date of this Agreement shall be that date when the Agreement has been signed by both parties. Any extension of said date shall be by written agreement of the parties. B. The initial term of this Agreement shall be for a period of five (5) years, beginning on the commencement date and extending through the last day of the fifth year. C. This Agreement shall be subject to an extension of an additional five (5) year period, based on mutual re-evaluation of the program using criteria mutually agreed upon. (Such criteria to be directly related to the original purpose of the agreement and its satisfaction.) This re-evaluation of the program will take place before the end of the fourth year of the Agreement so that if a mutual extension of the Agreement is not reached, one year's written notice of termination will be sent by the dissenting library to the other party. There shall be no limit to the number of extensions of this Agreement if such extensions are in the best, mutual interest of both cities and are approved by the governing bodies of each city. 4. TERMINATION: This Agreement may be terminated by either party upon one (1) year's written notice to the other party. In the event of such termination, payment shall 5. be made for services to the point of termination, and advance payments for services which shall not be rendered shall be refunded. During the first five years of this Agreement, if either Plano or Allen gives written notice to the other party to terminate the Agreement, payment will be made to Allen by Plano to compensate Allen for its one time payment to Plano. Such payment will be a percentage of the original payment based on 20% per year on a decreasing scale, e.g. 80% reimbursement should the Agreement be terminated before the end of the second year, 60% before the end of the third year, and so on. PAYMENT OF CHARGES: A. Allen will pay to Plano a one time cost of $64,467 which will cover the cost of the central site hardware necessary to add Allen to the System plus the cost of additional software to be purchased for use by both Allen and Plano. These costs are listed in Schedule A. The hardware and software purchased in this buy -in will become the property of Plano. However, the 16 -port board will be purchased for the exclusive use of Allen only for the duration of this Agreement. B. Allen shall bear full responsibility for: 1) All costs related to the purchase of peripheral equipment, Dynix formal training, and 4 5 documentation. These costs are listed in Schedule C. Allen shall retain title to and ownership of all such equipment. 2) All costs incurred for installation of terminals, modems and telephone lines required by Allen to gain access to the System; 3) Insurance costs for all hardware located on Allen premises; 4) The cost of Allen's telecommunications line for the System. C. Insurance costs for all hardware located on Plano premises will be paid by Plano. 6. ON-GOING COSTS OF SERVICES: The on-going costs of services will be the annual maintenance charges on the hardware and software purchased by the City of Plano from Dynix for Allen. (See Section 18) These costs are listed in Schedule B. 7. OTHER CHARGES: The parties agree that expansion and operation of the System may result in additional costs not contemplated by this Agreement. In that event, the parties agree that any costs or services not set forth herein shall be negotiated by the parties and provided for in a separate amendment to this Agreement; provided, however, that Allen shall not be obligated to assume any additional cost incurred solely for additional Plano ports beyond the capacity of the existing system or 8. 9. solely for the purpose of expanding the System to accommodate a lease entered into with any third party. CONFIDENTIALITY: Plano and Allen shall use their best efforts to maintain the confidentiality of information relating to each other's patrons whether or not such data is expressly so designated, subject to the provisions of the Open Records Act of the SOT, Art. 6252-17a V.A.C.S. DATA INPUT: All creations, editing, and deletions of the Bibliographic Data Base shall be performed by Plano. The only exception to this will be the creation of local records by Allen in accordance with professionally established standards as implemented by the Plano Public Library System. To the extent that any data input or modification requested by Allen shall affect existing files or records within the Bibliographic Data Base, there shall be no charge to Allen for the same. To the extent that any bibliographic record input or modification requested of Plano by Allen shall require the establishment of new records within the Bibliographic Data Base, Allen shall reimburse Plano for any fees charged by the Bibliographic vendor. Allen and Plano each shall create, edit and delete their own patron records and their own holdings records. All creations, editing, and deletions of the Allen Patron Data Base with respect to patrons registered by Allen shall be the sole responsibility of Allen; and Allen shall undertake all 6 such additions and modifications in a manner which will not affect the records and files of patrons not registered by Allen. 10. OWNERSHIP OF DATA, EQUIPMENT AND PROGRAMS: All original material or data either written or readable by machine prepared for and/or by Allen shall belong to and be the exclusive property of Allen although it shall be mutually accessible by both parties. It is further agreed that in the event of the termination of this Agreement, all machine readable bibliographic, authority, holdings, patron and transaction records input into the System by or for Allen shall be made available to Allen on magnetic tape at Allen's cost. Except as expressly provided for herein, the parties agree that (1) Plano owns or licenses all material, hardware, software, trademarks, copyrights and/or rights to obtain trademarks and copyrights associated with the System and that (2) Allen shall retain ownership and use of all equipment purchased by Allen and shall retain the right to add equipment on-site so long as such addition is approved by Plano and by the vendor of the automated System. Allen may purchase additional equipment through Plano, at the then -existing manufacturer's price. 11. MODIFICATIONS TO SYSTEM: After the initial installation of hardware and software required to accommodate Allen's access to the System, there shall be no obligation on the 8 part of Plano to change, alter, . expand or modify the System hardware or software in any fashion. 12. LIABILITY: In the event that any data within the Bibliographic Data Base or the Patron Data Base for which Allen shall have paid an input fee shall be lost, damaged or altered, the sole liability of Plano shall be the reinstallation of said lost, damaged or altered data; it being expressly agreed that Plano shall not be liable to Allen for damages, whether direct, incidental or consequential, as a result of any such loss, damage or alteration. Likewise, Allen shall not be liable to Plano for damages, whether direct, incidental or consequential, as a result of any lost, damaged or altered data within the Bibliographic or Patron Data Bases. Allen's sole liability shall be the reinstallation of said lost, damaged or altered data. 13. MIGRATION: If at any time during the initial term of this agreement, Plano moves its machine readable data from one set of hardware and/or software to another ("migrates") then Allen shall have the option of migrating with Plano at no additional cost. 14. TRIM PARTY AGREEMENTS: Plano agrees that no agreement for the System entered into by Plano with any third party will place requirements on the System that will substantially impact the quality of the service provided to Allen by the System. E 15. EQUAL OPPORTUNITY: The parties to this Agreement specifically agree that in all hiring made possible or resulting from this Agreement there will not be any discrimination against any employee or applicant for employment because of race, color, religion, age, sex, national origin or handicapped status. 16. DYNIX: Plano shall make all reasonable efforts to assure that Dynix fulfills its obligation to service System problems and System function and that Allen receives the same level of service from Dynix that Plano does. Plano shall convey to Dynix matters of concern to Allen regarding the System, and Allen may at its option send a representative to any Dynix user group meeting. 17. AVAILABILITY: Plano shall use its reasonable efforts to cause the Bibliographic Data Base and Patron Data Base to be accessible to Allen during Allen's normal business hours; provided, however, that Allen acknowledges that the System may, from time to time, be unavailable to Allen due to Plano's routine maintenance or emergency repair of the System. 18. MAINTENANCE: Maintenance for System software and hardware will be provided as part of this Agreement. Allen shall be responsible for payment of maintenance charges on the equipment on its premises, such equipment to be included under the terms of equipment maintenance agreements for maintenance of similar equipment used in the Plano System. These costs are listed in Schedule C. 10 Annual software maintenance charges may increase a maximum of five (5) percent of the previous year's charge or the Consumer Price Index percentage increase in the cost of living, which ever is less, provided that written notice of the increase shall be made by May 1 for the following fiscal year, beginning on October 1. All increased charges for hardware maintenance will reflect actual cost for maintenance passed on to Dynix by subcontractors. Maintenance charges will be paid annually, in October of each year, to the City of Plano. 19. STATE ENT OF RESPONSIBILITY: Decisions regarding the operation of the system will not unilaterally be made without consultation with the City of Allen. 20. VENUE: The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract, and the exclusive venue for any legal proceedings involving this Contract shall be Collin County, Texas. 21. Allen has executed this agreement pursuant to duly authorized City Council Resolution Number (0 - - dated A- Pr'i I 14 , 1992. Plano has executed this agreement pursuant to duly authorized City Council Resolution Numberai-4- , dated i , 1992. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF PLANO, TEXAS DATE: S1QAk Thoma; H. Rueolenbeck CITY MANAGER ATTEST: J kie Blakely, CI Y SE TARY APPROVED AS TO FORM: Gary F. a am, CITY ATTORNEY CITY DATE: '� BY: ATTEST: dy Mrrison, CITY SECRETARY APPROVED AS TO FORM: C�- I'll Don ro TY TTTWEY ALLEN, TEXAS Jon McCarty CIT MANAGER 12 STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared THOMAS H. NUE LENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF PLANO, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. G V n er my hand and seal of office this the _ day of , 1992. L-5 BARBARA NEWELL Notary Public in and for the ,'�, j • Notary Public. Stat• of Texas My Comm. Exp. 10.7 95 State of Texas ff.`s • STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JON MCCARTY, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF ALLEN, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the day of M4 , 1992. Notary Public in and or the State of Texas EM RR�MyC W=N * DOF�78M ATE •s� UrCaemldon f K*a '� or Odcbw 13,1993 13 SCHEDULE Eguipment/Software List—Price-1- Total $64,467 *Module to be purchased at "buy -in". TOTAL DESCRIPTION UNIT COST For CPU upgrade: 1 4MB memory $33,500 $33,500 Installation 375 375 1 16 way port board 9,500 9,500 Bulkhead 95 95 Installation 247 247 Software: 1 CIRC/PAC 250 250 1 Acquisitions 500 500 1 Serials* 15,000 15,000 1 Community Resource* 5,000 5,000 Total $64,467 *Module to be purchased at "buy -in". 14 SCHEDULE Annual maintenance charges on the hardware and software purchased by the City of Plano from Dynix for Allen are listed below. Software: 1 CIRC/PAC 12 1 Acquisitions 50 1 Serials 50 1 Community Resource 25 Total $3,725 ANNUAL DESCRIPTION MAINTENANCE For CPU upgrade: 1 4MB memory $2,640 1 16 way port board 948 Bulkhead -0- Software: 1 CIRC/PAC 12 1 Acquisitions 50 1 Serials 50 1 Community Resource 25 Total $3,725 15 «:i;11I 1#4414 104OTL-0 D10190 0 ii -9 .0 *Price quoted is from Jadtec Computer Group, 1520 West Yale, Orange, CA 92667, (714) 637-2900. Includes shipping. **All Dynix training on the system can be done by the Plano staff. If Allen comes on as a "branch", there probably is little need for the Orientation in Provo. TOTAL ANNUAL DESCRIPTION UNIT COST MAINTENANCE Optional system printer: 1 Data Products 9040 954 954 72 Shipping 19 19 For Telecommunications: 2 16 channel mux 5,000 10,000 408 (204) Shipping 25 50 2 NM 9600 -NIS modem 1,555 3,110 168 (84) Shipping 7 14 Peripherals: 8 Wyse 50 terminals* 429 3,432 768 (96) 5 Wyse 30 terminals* 349 1,745 480 (96) 3 Intermec lightpens 815 2,445 288 (96) Shipping 7 21 Training**: Telecommunications 750 750 Documentation: New User 44 44 Cataloging 44 44 Circulation 88 88 Reports 44 44 Searching 44 44 Acquisitions 88 88 Serials 44, 44 Community Resources 44 44 Printer Manual 35 35 Total $23,015 $2,184 *Price quoted is from Jadtec Computer Group, 1520 West Yale, Orange, CA 92667, (714) 637-2900. Includes shipping. **All Dynix training on the system can be done by the Plano staff. If Allen comes on as a "branch", there probably is little need for the Orientation in Provo. N7� At CITY OF ALLEN CERTIFICATION CITY OF ALLEN, TEXAS S COLLIN COUNTY, TEXAS S I, Judy Morrison, City Secretary of the City of Allen, Collin County, Texas, do hereby certify that the attached is a true and correct copy of Resolution No. 1101-4-92(R), duly passed and approved by the City Council of the City of Allen, Texas, on the 16th day of April, 1992. WITNESS MY HAND AND SEAL OF SAID CITY, this the 17th day of April, 1992. Ju Mor n City Secretary City of Allen, Texas ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 16 17 RESOLUTION NO. 1101-4-92(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT TO PARTICIPATE IN A COOPERATIVE PUBLIC LIBRARY .AUTOMATION PROJECT WITH THE CITY OF PLANO, TEXAS. WHEREAS, the City of Allen wishes to provide to its citizens the best possible level of library services delivered in a timely and eff-lai nt manner; and, WHEREAS, it is recognized that no individual library can expect to maintain a sufficiently comprehensive collection of materials to satisfy the information needs of diverse users; and, WHEREAS, the City of Plano desires to make available to Allen use of its automated library system for the purpose of providing automated circulation and other automated library services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'T'Y OF ALLEN, TEXAS THAT: SECTION 1: The City Manager is hereby authorized to sign an Interlocal Agreement with the City of Plano for the purposes of linking the data bases of the Allen Public Library and the Plano Public Libraries via computerization and telecommunications. SECTION 2: This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 16th DAY OF APRIL 1992. APPROVED: Joe Farmer, MAYOR ATTEST: AMENDMENT A Due to rising costs, it has become necessary to charge an administrative fee for providing full computer service to Allen. This fee will be a percentage of the estimated operating costs for the System, the percentage to be determined annually based on ratios of Allen/Plano ports and Allen/Plano collection size. Allen will be invoiced in October of each year. Other expenses will be billed at cost to include but not limited to: (1) Travel (2) Training (3) OCLC Deletions (4) ShareNETLS Tape Creation (5) OCLC Cataloging Records OCLC cataloging records will continue to be billed on a per hit basis, cost plus labor. DATE: ATTEST: Q'- & ZA� J�ikie Blakely, CITY SECRE Y APPROVED AS TO FORM: Gary F. C atham, CITY ATTORNEY DATE: ATTEST: ison, CITY SECRETARY CITY OF PLANO, TEXAS BY Thomas H. Mueblefibeck CITY MANAGER CITY OF ALLEN, TEXAS BY: N7�� CITY OF ALLEN TO: JON MC CARTY, CITY MANAGER FROM: BARBARA BUEHLER, LIBRARY DIRECTOR SUBJECT: AMENDING INTERLOCAL AGREEMENT DATE: NOVEMBER 8, 1995 BACKGROUND In May of 1992 the cities of Allen and Plano agreed through an interlocal agreement that the Plano Public Library would provide certain automated library services via telecommunications to the Allen Public Library. For a one-time entry fee and an annual hardware and software maintenance fee, Allen was entitled to access to the system (16 ports), initial training, system administra- tion, electronic mail and the opportunity to purchase machine readable records from Plano's bibliographic vendor at cost. ANALYSIS Growth in use of the system necessitates that Allen Public Library provide an additional 4 terminals for use by the public. Also, Plano Public Library is entitled to additional payment for any expanded services it provides to Allen Public Library. Since the original contract was signed, Plano Public Library has expanded its services to Allen Public Library to include dial -in access from home/office, electronic notification for holds and overdues, gateways access to other area libraries and remote databases, and an electronic dictionary on-line. Plano Public Library proposes that, in addition to its annual hardware/software maintenance fee, the Allen Public Library pay an annual administrative fee to Plano Public Library based on a percentage of operating costs. The percentage is determined annually based on ratios of Allen/Plano ports and Allen/Plano collection size. The current percentage would be 12% (Ports: Allen 16 = 10.5% Collection Size Allen 52.000 = 14.6% Plano 151 Plano 355,419 ONE BUTLER CIRCLE ALLEN, TEXAS 75002-2773 214/727-0100 Page 2 Amending Interlocal Agreement November 8, 1995 FISCAL EMPACT Applying the percentage -derived administrative fee, Allen's costs would be as follows: Annual maintenance for 20 ports (HW/SW) $ 6,278.02 Annual Administrative fee,based on 12 % of Sys. Adm. sal/ben + 5,574.00 12% of cost of telephone dial -in lines TOTAL $11,852.02 Plus other services at cost, including travel to Allen from Plano, training, machine-readable records. The library's budget includes $14,693.00 to cover these costs. RECOMMENDATION Staff recommends to City Council that the City Manager be authorized to sign Amendment A to the current interlocal agreement with Plano. INTERLOCAL AGREEMENT THIS 17EMENT made and entered into this day of 1992 by and between the CITY OF PLANO, TEXAS (hereinafter called "Plano") and the CITY OF ALLEN, TEXAS (hereinafter called "Allen"), both Texas municipal corporations, and acting herein through duly authorized agents, officers and employees: WITNESSETH: WHEREAS, Plano is the exclusive owner and custodian of a computer system from Dynix, Inc. (the "System") which consists of acquisition, cataloging, circulation, and public access modules; and WHEREAS, Plano desires to make available to Allen access to the System by remote on-line terminals; and WHEREAS, Allem desires to use the System for the purpose of providing automated circulation and other automated services now and in the future to its library; and WHEREAS, as permitted under Article 4413 (32c) V.A.C.S., the Interlocal Cooperation Act, Plano and Allen wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which Plano will provide automated library services; 0 1 2 NOW, THEREFORE, for and in consideration of the mutual covenants, obligations and undertakings set forth herein, the parties hereto agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Interlocal Cooperation Agreement is to provide library services that better serve all our library users in a more timely and efficient manner. To that end, Plano and Allen agree herein to share resources through an automated, integrated library system and to provide reciprocal borrowing services to qualified patrons of each other's library at no charge to the libraries or to the patrons. 2. SCOPE OF SERVICES: Plano shall provide automated library services to Allen. Such services shall include provision of system hardware and software, contract and system administration, and certain administrative services as follows: A. Access to the System by telecommunications line. B. Any initial training, with the exception of telecommunications, needed by Allen during installation of equipment at the Allen site or in conjunction with the installation of new or revised software, and on-going staff assistance to Allen's staff during the term of this Agreement. C. Use of the system via the number of ports mutually agreed upon by Allen and Plano. D. Electronic mail service. E. Back-up tapes of Allen data stored off premises. 3 3. DURATION: A. The commencement date of this Agreement shall be that date when the Agreement has been signed by both parties. Any extension of said date shall be by written agreement of the parties. B. The initial term of this Agreement shall be for a period of five (5) years, beginning on the commencement date and extending through the last day of the fifth year. C. This Agreement shall be subject to an extension of an additional five (5) year period, based on mutual re-evaluation of the program using criteria mutually agreed upon. (Such criteria to be directly related to the original purpose of the agreement and its satisfaction.) This re-evaluation of the program will take place before the end of the fourth year of the Agreement so that if a mutual extension of the Agreement is not reached, one year's written notice of termination will be sent by the dissenting library to the other party. There shall be no limit to the number of extensions of this Agreement if such extensions are in the best, mutual interest of both cities and are approved by the governing bodies of each city. 4. TERMINATION: This Agreement may be terminated by either party upon one (1) year's written notice to the other party. In the event of such termination, payment shall 4 be made for services to the point of termination, and advance payments for services which shall not be rendered shall be refunded. During the first five years of this Agreement, if either Plano or Allen gives written notice to the other party to terminate the Agreement, payment will be made to Allen by Plano to compensate Allen for its one time payment to Plano. Such payment will be a percentage of the original payment based on 20% per year on a decreasing scale, e.g. 80% reimbursement should the Agreement be terminated before the end of the second year, 60% before the end of the third year, and so on. 5. PAYMENT OF CHARGES: A. Allen will pay to Plano a one time cost of $64,467 which will cover the cost of the central site hardware necessary to add Allen to the System plus the cost of additional software to be purchased for use by both Allen and Plano. These costs are listed in Schedule A. The hardware and software purchased in this buy -in will become the property of Plano. However, the 16 -port board will be purchased for the exclusive use of Allen only for the duration of this Agreement. B. Allen shall bear full responsibility for: 1) All costs related to the purchase of peripheral equipment, Dynix formal training, and 5 documentation. These costs are listed in Schedule C. Allen shall retain title to and ownership of all such equipment. 2) All costs incurred for installation of terminals, modems and telephone lines required by Allen to gain access to the System; 3) Insurance costs for all hardware located on Allen premises; 4) The cost of Allen's telecommunications line for the System. C. Insurance costs for all hardware located on Plano premises will be paid by Plano. 6. ON-GOING COSTS OF SERVICES: The on-going costs of services will be the annual maintenance charges on the hardware and software purchased by the City of Plano from Dynix for Allen. (See Section 18) These costs are listed in Schedule B. 7. OTHER CHARGES: The parties agree that expansion and operation of the System may result in additional costs not contemplated by this Agreement. In that event, the parties agree that any costs or services not set forth herein shall be negotiated by the parties and provided for in a separate amendment to this Agreement; provided, however, that Allen shall not be obligated to assume any additional cost incurred solely for additional Plano ports beyond the capacity of the existing system or M solely for the purpose of expanding the System to accommodate a lease entered into with any third party. 8. CONFIDENTIALITY: Plano and Allen shall use their best efforts to maintain the confidentiality of information relating to each other's patrons whether or not such data is expressly so designated, subject to the provisions of the Open Records Act of the SOT, Art. 6252-17a V.A.C.S. 9. DATA INPUT: All creations, editing, and deletions of the Bibliographic Data Base shall be performed by Plano. The only exception to this will be the creation of local records by Allen in accordance with professionally established standards as implemented by the Plano Public Library System. To the extent that any data input or modification requested by Allen shall affect existing files or records within the Bibliographic Data Base, there shall be no charge to Allen for the same. To the extent that any bibliographic record input or modification requested of Plano by Allen shall require the establishment of new records within the Bibliographic Data Base, Allen shall reimburse Plano for any fees charged by the Bibliographic vendor. Allen and Plano each shall create, edit and delete their own patron records and their own holdings records. All creations, editing, and deletions of the Allen Patron Data Base with respect to patrons registered by Allen shall be the sole responsibility of Allen; and Allen shall undertake all 7 such additions and modifications in a manner which will not affect the records and files of patrons not registered by Allen. 10. OWNERSHIP OF DATA, EQUIPMENT AND PROGRAMS: All original material or data either written or readable by machine prepared for and/or by Allen shall belong to and be the exclusive property of Allen although it shall be mutually accessible by both parties. It is further agreed that in the event of the termination of this Agreement, all machine readable bibliographic, authority, holdings, patron and transaction records input into the System by or for Allen shall be made available to Allen on magnetic tape at Allen's cost. Except as expressly provided for herein, the parties agree that (1) Plano owns or licenses all material, hardware, software, trademarks, copyrights and/or rights to obtain trademarks and copyrights associated with the System and that (2) Allen shall retain ownership and use of all equipment purchased by Allen and shall retain the right to add equipment on-site so long as such addition is approved by Plano and by the vendor of the automated System. Allen may purchase additional equipment through Plano, at the then -existing, manufacturer's price. 11. MODIFICATIONS TO SYSTEM: After the initial installation of hardware and software required to accommodate Allen's access to the System, there shall be no obligation on the F part of Plano to change, alter, expand or modify the System hardware or software in any fashion. 12. LIABILITY: In the event that any data within the Bibliographic Data Base or the Patron Data Base for which Allen shall have paid an input fee shall be lost, damaged or altered, the sole liability of Plano shall be the reinstallation of said lost, damaged or altered data; it being expressly agreed that Plano shall not be liable to Allen for damages, whether direct, incidental or consequential, as a result of any such loss, damage or alteration. Likewise, Allen shall not be liable to Plano for damages, whether direct, incidental or consequential, as a result of any lost, damaged or altered data within the Bibliographic or Patron Data Bases. Allen's sole liability shall be the reinstallation of said lost, damaged or altered data. 13. MIGRATION: If at any time during the initial term of this agreement, Plano moves its machine readable data from one set of hardware and/or software to another ("migrates") then Allen shall have the option of migrating with Plano at no additional cost. 14. THIRD PARTY AGREEMENTS: Plano agrees that no agreement for the System entered into by Plano with any third party will place requirements on the System that will substantially impact the quality of the service provided to Allen by the System. 9 15. EQUAL OPPORTUNITY: The parties to this Agreement specifically agree that in all hiring made possible or resulting from this Agreement there will not be any discrimination against any employee or applicant for employment because of race, color, religion, age, sex, national origin or handicapped status. 16. DYNIX: Plano shall make all reasonable efforts to assure that Dynix fulfills its obligation to service System problems and System function and that Allen receives the same level of service from Dynix that Plano does. Plano shall convey to Dynix matters of concern to Allen regarding the System, and Allen may at its option send a representative to any Dynix user group meeting. 17. AVAILABILITY: Plano shall use its reasonable efforts to cause the Bibliographic Data Base and Patron Data Base to be accessible to Allen during Allen's normal business hours; provided, however, that Allen acknowledges that the System may, from time to time, be unavailable to Allen due to Plano's routine maintenance or emergency repair of the System. 18. MAINTENANCE: Maintenance for System software and hardware will be provided as part of this Agreement. Allen shall be responsible for payment of maintenance charges on the equipment on its premises, such equipment to be included under the terms of equipment maintenance agreements for maintenance of similar equipment used in the Plano System. These costs are listed in Schedule C. 10 Annual software maintenance charges may increase a maximum of five (5) percent of the previous year's charge or the Consumer Price Index percentage increase in the cost of living, which ever is less, provided that written notice of the increase shall be made by May 1 for the following fiscal year, beginning on October 1. All increased charges for hardware maintenance will reflect actual cost for maintenance passed on to Dynix by subcontractors. Maintenance charges will be paid annually, in October of each year, to the City of Plano. 19. STATEMENT OF RESPONSIBILITY: Decisions regarding the operation of the system will not unilaterally be made without consultation with the City of Allen. 20. VENUE: The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract, and the exclusive venue for any legal proceedings involving this Contract shall be Collin County, Texas. 21. Allen has executed this agreement pursuant to duly authorized City Council Resolution Number./ D -`ll-Rated 1992. Plano has executed this agreement pursuant to duly authorized City Council Resolution Number a- -v' dated _ , 1992. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF PLANO, TEXAS DATE: Byc��4"Ml Thomas H. Mu hlenbeck CITY MANAGER ATTEST: nxf'� /)",( " ZQ J, /,-", Ja ie 81akely, CITY SEC TARY AP ROVED AS TO FORM: Gary F. atham, CITY ATTORNEY DATE: ATTEST: 'i/j. Joey Morison, CITY SECRETARY APPROVED AS TO FORM: Don r, NEY CITY OF ALLEN, TEXAS BY: on Carty ITY NAGER ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF COLLIN ) BEFORE ME, the undersigned authority, on this day personally appeared THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF PLANO, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GI nder my hand and seal of of f ice this the J_ day of , 1992. 1/7 -�' A ^ BARBARA NEWELL ' NotuyPublic.StateofTex&s otary Public in and for the 'State of Texas My Comm. Exp. 10.7.95 ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF COLLIN ) BEFORE ME, the undersigned authority, on this day personally appeared JON McCARTY, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF ALLEN, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal o office this the day of _, 1992. A Notary Public in State of Texas 8= RR MMC N=N NaftV • * STA1E dFPJ90 S OF +�+� OcWtm 13 19993es the WE oc"Opet 13. mal jl C=LUpou pt.Lo L 0.2-OKMO-401caft", ZIVU: ab IEXYJ EDUH IS I%C KMoW 13 SCHEDULE A Equipment/Software List, Prices TOTAL QTY DESCRIPTION UNIT COST For CPU upgrade: 1 4MB memory $33,500 $33,500 Installation 375 375 1 16 way port board 9,500 9,500 Bulkhead 95 95 Installation 247 247 Software: 1 CIRC/PAC 250 250 1 Acquisitions 500 500 1 Serials* 15,000 15,000 1 Community Resource* 5,000 5,000 Total $64,467 *Module to be purchased at "buy -in". 14 SCHEDULE B Hardware/Software Annual Maintenance Charges Annual maintenance charges on the hardware and software purchased by the City of Plano from Dynix for Allen are listed below. Software: 1 CIRC/PAC 12 1 Acquisitions 50 1 Serials 50 1 Community Resource 25 Total $3,725 ANNUAL OTY DESCRIPTION MAINTENANCE For CPU upgrade: 1 4MB memory $2,640 1 16 way port board 948 Bulkhead -0- Software: 1 CIRC/PAC 12 1 Acquisitions 50 1 Serials 50 1 Community Resource 25 Total $3,725 15 SCHEDULE C Peripherals/Training/pocumentation List, Prices/Maintenance Charges Total $23,015 $2,184 *Price quoted is from Jadtec Computer Group, 1520 West Yale, Orange, CA 92667, (714) 637-2900. Includes shipping. **All Dynix training on the system can be done by the Plano staff. If Allen comes on as a "branch", there probably is little need for the Orientation in Provo. TOTAL ANNUAL OTY DESCRIPTION UNIT COST MAINTENANCE Optional system printer: 1 Data Products 9040 954 954 72 Shipping 19 19 For Telecommunications: 2 16 channel mux 5,000 10,000 408 (204) Shipping 25 50 2 NM 9600 -NIS modem 1,555 3,110 168 (84) Shipping 7 14 Peripherals: 8 Wyse 50 terminals* 429 3,432 768 (96) 5 Wyse 30 terminals* 349 1,745 480 (96) 3 Intermec lightpens 815 2,445 288 (96) Shipping 7 21 Training**: Telecommunications 750 750 Documentation: New User 44 44 Cataloging 44 44 Circulation 88 88 Reports 44 44 Searching 44 44 Acquisitions 88 88 Serials 44 44 Community Resources 44 44 Printer Manual 35 35 Total $23,015 $2,184 *Price quoted is from Jadtec Computer Group, 1520 West Yale, Orange, CA 92667, (714) 637-2900. Includes shipping. **All Dynix training on the system can be done by the Plano staff. If Allen comes on as a "branch", there probably is little need for the Orientation in Provo. CITY OF ALLEN TO: JON CCARTY, CITY MANAGER FROM: BARBARA BUEHLA,�LIBRARY DIRECTOR SUBJECT: INTERLOCAL AGREEMENT FOR LIBRARY SERVICES DATE: APRIL 9, 1992 BACKGROUND During 1991, the Council authorized the City Manager and Library Director to participate with the City of Plano in the development of a plan to facilitate linking the public libraries of both cities through computerization and telecommunications. ANALYSIS The users of both library systems will receive decided benefits by the implementation of an interlocal agree- ment for shared library resources. Not only will they have access to a wider variety of resources but they can also instantly know the location and the status of those resources. The individual user can nearly instantly learn the status of his/her own account, can initiate reserve functions without library staff assistance, and will be able to access the catalog data base from home or office via computer and modem. The benefits to the Allen Public Library of becoming a user of the Plano Public Library's system (as opposed to purchasing its own stand-alone system), will include lower start-up costs, lower maintenance fees, fewer staffing resources necessary to operate the system, and a greater number of enhanced services available. Plano's library system will benefit from the use of additional memory and disc space purchased to accommo- date Allen and the availability of two new modules of software that were under development when Plano pur- chased its present system. ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 PAGE 2 FISCAL IMPACT The Council has authorized a budget of $122,000.00 of remaining bond funds and interest earned to automate the library. The one-time entry fee of $64,467.00 to be paid to Plano plus the cost of purchasing Allen's on- site peripherals and documentation ($23,015.00) total $87,482.00. This leaves a balance of $34,518.00 to cover the costs of cabling the building, providing the telecommunications line between the libraries, purchas- ing furniture necessary to accommodate,the public access terminals, and first year maintenance fees. RECOMMENDATION The Library Board, Services Sub -Committee and Finance/Administration Sub -Committee have reviewed the Interlocal Agreement. The Sub -Committees will make their recommendations to the Council. city of plono �.0 NOTICE OF CERTIFICATION I, Jackie Blakely, City Secretary, City of Plano, Florence Shapiro Mayor Texas do hereby certify that the attached document is a Steve Worth Mayor Pro Tem true and correct copy of Resolution No. 92-4-34(R) Art Martin Deputy Mayor Pro Tem duly passed and adopted on April 27 , 1992 by John Longstreet Place' the Plano City Council, as the same appears of record and Ann Jones Place filed among the official records in the Office of the City David Perry Place Secretary, and that I am the official custodian of same. David Seibert Places WITNESS MY HAND AND OFFICIAL SEAL this 1st Dick Bode Place 8 day of May , 1992 -� Thomas H. Muehlenbeck City Manager for: Ja kie Blakely, City Secrebary . I ® P.O. Box 860358 Plano, Texas 75086-86- 0358 Area Code 214 — 424-6531 printed on recycled paper Fax. No. 214 — 423-9587 RESOLUTION NO. 92-4-14(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF ALLEN TO PROVIDE LIBRARY AUTOMATION SERVICES TO THE ALLEN PUBLIC LIBRARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is recognized that no individual library can expect to maintain a sufficiently comprehensive collection of materials to satisfy the information needs of diverse users; and WHEREAS, a cooperative automated library system would improve the quality of existing services; and WHEREAS, the City of Plano and the City of Allen agree to participate in a cooperative public library project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, THAT: Section I. The City Manager of the City of Plano or his designee is hereby authorized and directed to enter into an Interlocal Agreement with the City of Allen to provide library automation services to the Allen Public Library. Section II. This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED this the April , 1992. Florence Shapiro, YOR ATTEST: J kie Blakely, CITk SECR TARY APPROVED AS TO FORM: Gary C atham, CITY ATTORNEY 27th day of 1 Resolution No. 92-4-34(R) INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this day of 1992 by and between the CITY OF PLANO, TEXAS (hereinafter called "Plano") and the CITY OF ALLEN, TEXAS (hereinafter called "Allen"), both Texas municipal corporations, and acting herein through duly authorized agents, officers and employees: WITNESSETH: WHEREAS, Plano is the exclusive owner and custodian of a computer system from Dynix, Inc. (the "System") which consists of acquisition, cataloging, circulation, and public access modules; and • WHEREAS, Plano desires to make available to Allen access to the System by remote on-line terminals; and WHEREAS, Allen desires to use the System for the purpose of providing automated circulation and other automated services now and in the future to its library; and WHEREAS, as permitted under Article 4413 (32c) V.A.C.S., the Interlocal Cooperation Act, Plano and Allen wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which Plano will provide automated library services; ,Resolution No. 92-4-34(R) NOW, THEREFORE, for and in consideration of the mutual covenants, obligations and undertakings set forth herein, the parties hereto agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Interlocal Cooperation Agreement is to provide library services that better serve all our library users in a more timely and i efficient manner. To that end, Plano and Allen agree herein to share resources through an automated, integrated library system and to provide reciprocal borrowing services to qualified patrons of each other's library at no charge to the libraries or to the patrons. 2. SCOPE OF SERVICES: Plano shall provide automated library services to Allen. Such services shall include provision of system hardware and software, contract and system administration, and certain administrative services as follows: A. Access to the System by telecommunications line. B. Any initial training, with the exception of telecommunications, needed by , Allen during installation of equipment at the Allen site or in conjunction with the installation of new or revised software, and on-going staff assistance to Allen's staff during the term of this Agreement. C. Use of the system via the number of ports mutually agreed upon by Allen and Plano. D. Electronic mail service. E. Back-up tapes of Allen data stored off premises. N Resolution No. 92-4-34(R) • 3. DURATION: A. The commencement date of this Agreement shall be that date when the Agreement has been signed by both parties. Any extension of said date shall be by written agreement of the parties. B. The initial term of this Agreement shall be for a period of five (5) years, beginning on the commencement date and extending through the last day of the fifth year. C. This Agreement shall be subject to an extension of an additional five (5) year period, based on mutual re-evaluation of the program using criteria mutually agreed upon. (Such criteria to be directly related to the original purpose of the agreement and its satisfaction.) This re-evaluation of the program will take place before the end of the fourth year of the Agreement so that if a mutual extension of the Agreement is not reached, one year's written notice of termination will be sent by the dissenting library to the other party. There shall be no limit to the number of extensions of this Agreement if such extensions are in the best, mutual interest of both cities and are approved by the governing bodies of each city. 4. TERMINATION: This Agreement may be terminated by either party upon one (1) year's written notice to the other party. In the event of such termination, payment shall r— 3 Resolution No. 92-4-34(R) be made for services to the point of termination, and advance payments for services which shall not be rendered shall be refunded. During the ffrst five years of this Agreement, if either Plano or Allen gives written notice to the other party to terminate the Agreement, payment will be made to Allen by Plano to compensate Allen for its one time payment to Plano. Such payment will be a percentage of the original payment based on 20% per year on a decreasing scale, e.g. 80% reimbursement should the Agreement be terminated before the end of the second year, 60% before the end of the third year, and so on. 5. PAYMENT OF CHARGES: A. Allen will pay to Plano a one time cost of $64,467 which will cover the cost of the central site hardware necessary to add Allen to the System plus the cost of additional software to be purchased for use by both Allen and Plano. These costs are listed in Schedule A. The hardware and software purchased in this buy -in will become the property of Plano. However, the 16 -port board will be purchased for the exclusive use of Allen only for the duration of this Agreement. B. Allen shall bear full responsibility for: 1) All costs related to the purchase of peripheral equipment, Dynix formal training, and F 4 'Resolution No. 92-4-34(R) documentation. These costs are listed in Schedule C. Allen shall retain title to and ownership of all such equipment. 2) All costs incurred for installation of terminals, modems and telephone lines required by Allen to gain access to the System; i 3) Insurance costs for all hardware located on Allen premises; 4) The cost of Allen's telecommunications line for the System. C. Insurance costs for all hardware located on Plano premises will be paid by Plano. 6. ON-GOING COSTS OF SERVICES: The on-going costs of services will be the annual maintenance charges on the hardware and software purchased by the City of Plano from Dynix for Allen. (See Section 18) These costs are listed in Schedule B. 7. OTHER CHARGES: The parties agree that expansion and operation of the System may result in additional costs not contemplated by this Agreement. In that event, the parties agree that any costs or services not set forth herein shall be negotiated by the parties and provided for in a separate amendment to this Agreement; provided, however, that Allen shall not be obligated to assume any additional cost incurred solely for additional Plano ports beyond the capacity of the existing system or 5 Resolution No. 92-4-34(R) 8. 9. solely for the purpose of expanding the System to accommodate a lease entered into with any third party. CONFIDENTIALITY: Plano and Allen shall use their best r efforts to maintain the confidentiality of information relating to each other's patrons whether or not such data is expressly so designated, subject to the provisions of the Open Records Act of the SOT, Art. 6252-17a V.A.C.S. DATA INPUT: All creations, editing, and deletions of the Bibliographic Data Base shall be performed by Plano. The only exception to this will be the creation of local records by Allen in accordance with professionally established standards as implemented by the Plano Public Library System. To the extent that any data input or modification requested by Allen shall affect existing files or records within the Bibliographic Data Base, there shall be no charge to Allen for the same. To the extent that any bibliographic record input or modification requested of Plano by Allen shall require the establishment of new records within the Bibliographic Data Base, Allen shall reimburse Plano for any fees charged by the Bibliographic vendor. Allen and Plano each shall create, edit and delete their own patron records and their own holdings records. All creations, editing, and deletions of the Allen Patron Data Base with respect to patrons registered by Allen shall be the sole responsibility of Allen; and Allen shall undertake all 6 Resolution No. 92-4-34(R) 6A such additions and modifications in a manner which will not affect the records and files of patrons not registered by Allen. 10. OWNERSHIP OF DATA, EQUIPMENT AND PROGRAMS: All original material or data either written or readable by machine prepared for and/or by Allen shall belong to and be the exclusive property of Allen although it shall be mutually accessible by both parties. It is further agreed that in the event of the termination of this Agreement, all machine readable bibliographic, authority, holdings, patron and transaction records input into the System by or for Allen shall be made available to Allen on magnetic tape at Allen's cost. Except as expressly provided for herein, the parties agree that (1) Plano owns or licenses. all material, hardware, software, trademarks, copyrights and/or rights to obtain trademarks and copyrights associated with the System and that (2) Allen shall -- retain ownership and use of all equipment purchased by Allen and shall retain the right to add equipment on-site so long as such addition is approved by Plano and by the vendor of the automated System. Allen may purchase additional equipment through Plano, at the then -existing manufacturer's ,price. 11. MODIFICATIONS TO SYSTEM: After the initial installation of hardware and software required to accommodate Allen's access to the' System, there shall be no obligation on the Resolution No. 92-4-34(R) part of Plano to change, alter, expand or modify the System hardware or software in any fashion. 12. LIABILITY: In the event that any data within the Bibliographic Data Base or the Patron Data Base for which Allen shall have paid an input fee shall be lost, damaged (� or altered, the sole liability of Plano shall be the reinstallation of said lost, damaged or altered data; it being expressly agreed that Plano shall not be liable to Allen for damages, whether direct, incidental or consequential, as a result of any such loss, damage or alteration. Likewise, Allen shall not be liable to Plano for damages, whether direct, incidental or consequential, as a result of any lost, damaged or altered data within the Bibliogr$phic or Patron Data Bases. Allen's sole liability shall be the reinstallation of said lost, damaged or altered data. 13. MIGRATION: If at any time during the initial term of this agreement, Plano moves its machine readable data from one set of hardware and/or software to another ("migrates") then Allen shall have the option of migrating with Plano at no additional cost. 14. THIRD PARTY AGREEMENTS: Plano agrees that no agreement for the System entered into by Plano with any third party will place requirements on the System that will substantially impact the quality of the service provided to Allen by the System. 8 Resolution No. 92-4-34(R) 15. EQUAL OPPORTUNITY: The parties to this Agreement specifically, agree that in all hiring made possible or resulting from this Agreement there will not be any discrimination against any employee or applicant for employment because of race, color, religion, age, sex, national origin or handicapped status. 16. DYNIX: Plano shall make all reasonable efforts to assure that Dynix fulfills its obligation to service System problems and System function and that Allen receives the same level of service from Dynix that Plano does. Plano shall convey to Dynix matters of concern to Allen regarding the System, and Allen may at its option send a representative to any Dynix user group meeting. 17. AVAILABILITY: Plano shall use its reasonable efforts to cause the Bibliographic Data Base and Patron Data Base to be accessible to Allen during Allen's normal business hours; provided, however, that Allen acknowledges that -- the System may, from time to time, be unavailable to Allen due to Plano's routine maintenance or emergency repair of the System. 18. MAINTENANCE: Maintenance for System software and hardware will be provided as part of this Agreement. Allen shall be responsible for payment of maintenance charges on the equipment on its premises, such equipment to be included'under the terms of equipment maintenance agreements for maintenance of similar equipment used in the Plano System. These costs are listed in Schedule C. 9 Resolution No. 92-4-34(R) 10 Annual software maintenance charges may increase a maximum of five (5) percent of the previous year's charge or the Consumer Price Index percentage increase in the cost of living, which ever is less, provided that written notice of the increase shall be made by May 1 for the r following fiscal year, beginning on October 1. All increased charges for hardware maintenance will reflect actual cost for maintenance passed on to Dynix by subcontractors. Maintenance charges will be paid annually, in October of each year, to the City of Plano. 19. STATEMENT OF RESPONSIBILITY: Decisions regarding the operation of the system will not unilaterally be made without consultation with the City of Allen. 20. VENUE: The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract, and the exclusive venue for any legal proceedings involving this Contract shall be Collin County, Texas. 21. Allen has executed this agreement pursuant to duly authorized City Council Resolution Number , dated , 1992. Plano has executed this agreement pursuant to duly authorized City Council Resolution Number , dated , 1992. Resolution No. 92-4-34(R) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF PLANO, TEXAS DATE: BY: Thomas H. Muehlenbeck CITY MANAGER ATTEST: Jackie Blakely, CITY SECRETARY APPROVED AS TO FORM: Gary F. Chatham, CITY ATTORNEY • CITY OF ALLEN, TEXAS DATE: ATTEST: Judy Morrison, CITY SECRETARY APPROVED AS TO FORM: Don Crowder, CITY ATTORNEY BY: Jon McCarty CITY MANAGER Resolution No. 92-4-34(R) 12 ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF COLLIN ) BEFORE ME, the undersigned authority, on this day �- personally appeared THOMAS H. MUE11LENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF PLANO, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. • GIVEN under my hand and seal of office this the day of , 1992. Notary Public in and for the State of Texas ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF COLLIN ) BEFORE ME, the undersigned authority, on this day personally appeared JON McCARTY, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF ALLEN, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the day of , 1992. Notary Public in and for the State of Texas Resolution No. 92-4-34(R) *Module to be purchased at "buy -in" 13 agunment/software SCHEDULE A List. Prices • TOTAL DESCRIPTION UNIT COST For CPU upgrade: (— 1 4MB memory $33,500 $33,500 Installation 375 375 1 16 way port board 9,500 9,500 Bulkhead 95 95 Installation 247 247 Software: 1 CIRC/PAC 250 250 1 Acquisitions 500 500 1 Serials* 15,000 15,000 1 Community Resource* 5,000 5,000 • Total $64,467 *Module to be purchased at "buy -in" 13 Resolution No. 92-4-34(R) SCHEDULE B Hardware/Software Annual Maintenance Charges Annual maintenance charges on 'the hardware and software purchased by the City of Plano from Dynix for Allen are listed below. ANNUAL DESCRIPTION MAINTENANCE For CPU upgrade: 1 4MB memory $2,640 1 16 way port board 948 Bulkhead -0- Software: 1 CIRC/PAC 12 1 Acquisitions 50 1 Serials 50 1 Community Resource 25 Total $3,725 14 15 Resolution No. 92-4-34(R) SCHEDULE C Peripherals/Training/Documentation List. Prices/Maintenance Charges TOTAL ANNUAL QU DESCRIPTION UNIT COST MAINTENANCE Optional system printer: 1 Data Products 9040 954 954 72 Shipping 19 19 For Telecommunications: 2 16 channel mux 5,000 10,000 408 (204) Shipping 25 50 2 NM 9600 -NIS modem 1,555 3,110 168 (84) Shipping 7 14 Peripherals: 8 Wyse 50 terminals* 429 3,432 768 (96) 5 Wyse 30 terminals* 349 1,745 480 (96) 3 Intermec lightpens 815 2,445 288 (96) Shipping 7 21 Training**: Telecommunications 750 750 Documentation: New User 44 44 Cataloging 44 44 Circulation 88 88 Reports 44 44 Searching 44 44 Acquisitions 88 88 Serials 44 44 Community Resources 44 44 Printer Manual 35 35 Total $23,015 $2,184 *Price quoted is from Jadtec Computer Group, 1520 West Yale, Orange, CA 92667, (714) 637-2900. Includes shipping. **All Dynix training on the system can be done by the Plano staff. If Allen comes on as a "branch", there probably is little need for the Orientation in Provo.