HomeMy WebLinkAboutContract 31082 CITY SECRETARyaiaCONTRA Cr N0. �
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PURCHASE AND LICENSE AGREEMENT
This Agreement is made and entered into this ay of December, 2004 ("Effective Date") by and
between Dynix Corporation ("Dynix"},a Utah corporation having its offices at 400 Dynix Drive,Provo,Utah 84604 and
the City of Fort Worth for and on behalf of the Fort Worth Public Library (collectively the"Library"), having
its offices at 500 West 3rd Street, Fort Worth, Texas 76102. The term "Dynix" shall also refer to the
company, its agents, suppliers, and its subcontractors.
RECITALS
WHEREAS, Library desires to contract with Dynix to obtain the Hardware, licenses, and services described
herein, and Dynix desires to contract with Library to provide said Hardware, licenses, and the services
described herein;
WHEREAS, the Library now shares its current integrated library system with Other Libraries that will also
use the Hardware, licenses,and the services described herein,
NOW THEREFORE, in consideration of the mutual covenants, promises and undertakings contained
herein,the parties hereto hereby agree as follows:
1. FURNISHING OF HARDWARE AND SOFTWARE
Subject to the terms and conditions set forth herein, Dynix agrees to provide and Library hereby
agrees to purchase:
A. The licenses for the use of the computer programs and related documentation listed on Schedule
1 hereto (the Licensed Software and Third Party Software).
B. The Hardware listed on Schedule 1.
C. The Services listed on Schedule 1.
D. The maintenance services listed as provided in a separate Maintenance Agreement.
2. CONTRACT DOCUMENTS
The contract documents are:
A. This Agreement, including the following schedules attached hereto:
Schedule Configuration
Schedule 2-Schedule of Activities
Schedule 3-Data Load Services
Schedule 4---Payment Schedule
Schedule 5--Acceptance Tests
Schedule 6-End User License Agreement
Schedule 7—System Capacity and Growth Warranties
Schedule 8—Library's Tax Exempt Certificates
Schedule 9-Clarifications
Schedule 10 Maintenance Agreement
Schedule 11 Limited Access Agreement
B. Dynix's Best and Final Offer dated October 25, 2004;
C. E-mail Subject: RE: Horizon web report descriptions from Scott McCausland to Deborah Duke
dated November 5,2004 1:15 PM
D. E-mail Subject: Answer to questions about Web Reporter from Scott McCausland to Deborah
Duke dated November 10, 2004 4:08 PM
E. E-mail Subject: Re: Fort Worth Telephone Notification Question from Scott McCausland to
Deborah Duke dated October 14, 2004 10:45 AM -3-:j r i {- I
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F. E-mail Subject: RE: Fort Worth Dynix 8.0 from Scott McCausland to Deborah Duke dated
October 12, 2004 11:08 AM
G. E-mail Subject: RE: Fort Worth Customer Recommendations Dynix from Scott McCausland to
Deborah Duke dated October 1, 2004 1:45 PM
H. E-mail Subject: RE: ILS Fort Worth Dynix OPAC customer recommendations from Scott
McCausland to Deborah Duke dated August 3, 2044 1:18 PM
1 Library's Request for Best and Final offer dated October 18,2004;
J. Dynix's clarifications dated October 7, 2004;
K Library's Request for clarifications dated September 27, 2004;
L. Dynix's Proposal dated July 29, 2004; and
M. Library's Request for Proposals dated June 17, 2004.
Each of these documents is incorporated herein by this reference as if set forth in full, and shall
constitute a part of this Agreement. In the event of a conflict or for purposes of clarification,
precedence of documents shall be in the order shown above with this Purchase and License
Agreement taking first precedence.
3. DEFINITION of TERMS
A. Content- "content for the Horizon System" is content obtained either through Dynix or with
Dynix's agreement that is used to enhance the bibliographic records in the Dynix database.
B. Current Library Server. The Library's currently installed Sun V880 Server that is to be used as
the Database Server.
C. Database Server The computer provided by the Library to provide database management
services in connection with the Licensed Software.
D. Day 1 of Production operations: The first day of Library's use of the System to support Library
operations, following completion of successful loading of Library's patron database and
bibliographic and item database, and other files as described in Schedule 3 onto the System.
Dynix will certify to Library when this data loading has been completed. After Library has
confirmed this successful data loading, Library will then notify Dynix that it has begun to use
the System in production operations, and the date of Library's notice shall be defined as Day 1
of Production Operations.
E. Hardware:The items listed on Schedule 1 hereto under the subheading Server Hardware.
F. Horizon Information Portal Server. The computer provided by the Library to provide web
access and gateway services to the Database Server in connection with the Licensed
Software.
G. Library's Normal Business Hours. Library's hours of utilization of the System by staff and
public, including but not limited to Monday through Thursday 6:30 a.m. through 9:00 p.m.
Friday and Saturday 6:30 a.m. through 6:00 p.m. Sunday 9:00 a.m. through 6:00 p.m. as well
as public access through the Internet: 247065. All times are central Time.
H. Licensed Software (or Software): Each Dynix-developed or Dynix-owned software product,
which may include third-party technology, as listed in Schedule 1, including machine-readable
object code (not source code)for such product, any user documentation for such product, and
any other related materials which are furnished to Library by Dynix for use in connection with
such product, as well as any Dynix-developed software modules that are acquired subsequent
to this Agreement.
f. Other Data: Includes but is not limited to holdings, patron records, item status, fines or fees,
holds or reserves, and item records.
J Other Libraries: Libraries, referred to as MetrOPACs, that are members of the Library's
arrangement for sharing in use of the System, and which enter their data into the System.
K. Services: The items listed on Schedule 1 under the subheading Services.
L. Staff License: A license to use the staff-functionality of the Licensed Software on a staff
Workstation located on the Library's or other Libraries' premises.
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M System or Horizon System: The total complement of Hardware, Current Library Server,
Licensed Software, and Third Party Software furnished and maintained by Dynix.
N. Test Database Server The computer provided by Dynix and operated by Library to provide a
separate testing and training environment for software and operating system upgrades prior to
implementation.
O. Third Party Software: Software owned by an entity other than Dynix that is re-licensed or
sublicensed by Dynix to Library. Third Party Software includes but is not limited to Sybase,
Syndetics Enriched Content, WebFeat Consolidated Searching Translators, Sun Solaris
Operating System, MicroStrategy (Horizon Web Reporter), Microsoft IIS Server Software, and
Symantec pcAnywhere (remote support software).
P. Workstation: An end user machine provided by Library on which client software operates to
access the Database Server and which meets or exceeds Dynix's specifications required for
operation of the Licensed Software.
4. SITE PREPARATION
Library shall, at its own expense, prepare the site or sites for installation of Hardware to comply with
the Hardware manufacturer's specifications, copies of which Dynix has provided to the Library. The
Library agrees that If during the term of this Agreement it is determined that the site or sites do not
meet Hardware manufacturer's specifications, then the Library will make needed changes to the
site or sites to bring them into compliance.
5. TRANSPORTATION AND INSTALLATION of HARDWARE
A. TRANSPORTATION
1. Upon notification by Library that the site(s) have been or shall, by a specified date, be
prepared for installation, Dynix shall place the order and arrange for transportation of
Hardware to the site(s).
2. Shipments by the parties to and from the installation site(s) shall be made by commercial
carrier and/or by vehicle properly constructed for shipment of electronic and computer
equipment. Dynix shall notify Library of the courier tracking number. Library shall be able to
track shipment via the courier's website.
3. All Hardware shall be delivered as "inside deliveries" to the installation site inside the
Library's Computer Room Lab between the hours of 9:00a.m. and 5:00 p.m., Monday
through Friday with the exception of Library's holidays.
4. Hardware shall be preserved, packed and marked in accordance with standard shipping
practices.
5. Library shall receive all shipments from vendor and care for the same in a prudent manner
until Dynix arranges for its installation.
B. INSTALLATION
1. Dynix shall furnish all necessary labor, materials, and other services listed on Schedule 1
and 3 required to unpack Hardware and discard packing materials, and to accomplish
installation at the sites specified by Library. Library shall make all the necessary
arrangements to allow Dynix personnel sufficient work space and access to the installation
locations during normal business hours or at such other times as may be mutually agreed
upon.
2. When the Hardware for each server has been successfully installed and operated at
Library's site for twenty-four (24) hours of consecutive materially error-free operation, Dynix
shall certify in writing to Library that the Hardware installation for that server is complete.
S. RISK of LOSS AND TITLE
Dynix is responsible for all risks of loss or damage to Hardware furnished under this Agreement until
delivery is made inside Library premises. Thereafter Library will be responsible for risks of loss or
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damage, except for loss or damage caused by Dynix in the process of installation. Title to the
Hardware shall pass from Dynix to Library upon delivery inside Library's premises.
7, SERVICES
A. Dynix will assist Library to extract data from Library's current Dynix System and will convert these
data to formats required for loading into the System, and will load Library data into the System as
detailed in Schedule 3.
B. Dynix will provide training sessions on the operation and use of the Licensed Software for
Library's personnel as described in Schedule 1 at times specified by Schedule 2. Dynix agrees to
provide at Dynix's then--published rates periodic review sessions and training then being offered.
Any additional training requested as a result of Hardware and/or Licensed Software upgrades to
the System purchased under this Agreement will be provided as agreed upon by Dynix and
Library.
8. DOCUMENTATION
Dynix shall provide documentation and training manuals, including but not limited to those described
in Schedule 1 in various formats for the operation and maintenance of the System.
Library may photocopy or otherwise reproduce Dynix copyrighted documentation and training
materials for training or other internal uses provided that Dynix's statement of copyright is included on
each copy.
9. ACCEPTANCE TESTS
Except where otherwise stated herein, the testing of the System shall be conducted by Library without
the assistance of Dynix.
Library agrees that it will perform or waive acceptance tests as described in Schedule 5, Exhibits A
through D. Library agrees to perform or waive acceptance tests of Software products that are in use
by Library on Day 1 of Production Operations with the System, within sixty (60) days following Day 1
of Production operations. Upon completion of these tests, Library shall inform Dynix in writing that
each test has been waived, conducted and considered successful, or conducted and considered
unsuccessful. In the event that a test is considered by Library to be unsuccessful, it will be repeated
according to the provisions of Schedule 5.
The System shall be considered accepted upon notice to Dynix by Library that the acceptance tests
as described in Schedule 5, Exhibits A through D have been successfully completed in accordance
with this Agreement.
Acceptance testing of other products not in production use by Library on Day 1 of Production
Operations shall be as described by Schedule 5, including new releases of the Software and
correction by Dynix of any of the discrepancies with such software and data that has been previously
loaded into the system.
Unless Library provides Dynix, in writing, with any claim that the System does not meet performance
specifications as described in Schedule 5 hereto on or before 50 days after Day 1 of Production
Operations, it will be presumed that the System has met all performance specifications for purposes
of System acceptance.
T
14. WARRANTY
A. WARRANTIES
1. Dynix warrants that the Licensed Software will contain the features and functionality
described in the contract documents and applicable user manuals, described by Sections
2 and S of this Agreement and by Documentation listed in Schedule 1, so long as (i)
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Library remains current in payment of all maintenance fees for the current and all prior
periods during the term of the Agreement, and (ii) Library has incorporated into the
Software all releases and corrections to the Software that Dynix has made available to
Library.
2. Dynix warrants that the services listed in Schedule 1 will be performed in a workmanlike
manner consistent with industry standards reasonably applicable to the performance of
such services.
3. Dynix warrants that it has the right to license the Licensed Software and that it is an
authorized distributor of the Third Party Software and that Library has the right to use the
Licensed Software and Third Party Software needed for operation of the System in
accordance with the terms and conditions of this Agreement.
4. Dynix warrants that during operation of the System under normal business conditions
during Library's Normal Business Hours in which the activities of users are not scripted to
create pre-defined transaction mixes for purposes of stress-testing the System or the
response-time performance or capacity of the System, the System shall perform all
interactive transactions with average response times :52 seconds minus any network
latency for users whose Workstations are connected to the System server via a 2:1 00mbps
LAN. On demand during the time Library is using the System, a thirty (30)-minute
response-time test can be.conducted by Library to determine whether the System is
meeting the above warranted response times using one (1) to three (3) workstations
connected to the System server via a z1 oombps LAN. The transactions active at the time
shall be those occurring under normal business conditions during Library's Normal
Business Hours.
5. For a one year period following Day 1 of Production Operations, and thereafter as long as
Library has a current Maintenance Agreement with Dynix, if the System fails to perform
within the response-time performance levels as warranted in Section 10.A.4 above, or with
the functions and capabilities described in this Section 10.A.1 above, Dynix will make
enhancements to the System that are required to provide the contracted levels of
performance and functionally as specified by this Agreement, within a reasonable time
frame and at no cost to Library, provided that Library has completed necessary hardware
upgrades to run future releases of Horizon if required. In the event of degradation of
response time Dynix will make its best efforts to bring the System into compliance with the
response time requirements detailed in the contract documents and in Section 10.A.4
above.
6. Dynix warrants that the System as delivered shall have the capacities and growth path as
described by Schedule 7; and that the Hardware is configured according to the Minimum
Configuration Requirements as specified in Schedule 7 and is capable of supporting the
number of concurrent users shown in Schedule 7 at the required response times
warranted above, provided that the Hardware is configured according the Minimum
Configuration Requirements as specified by Schedule 7.
7. Dynix warrants that the Hardware shall be newly manufactured and that Library shall
acquire good and clear title to the Hardware purchased hereunder, free and clear of all
liens, claims, or encumbrances from a third party.
S. Prior to ordering Servers, Dynix will contact Library and confirm the configuration for the
Servers. If new or better Server configurations are available for the same or lower price
than outlined in Schedule 1, Library may elect to substitute the Server or Servers in
Schedule 1 with the new configuration.
B. EXCLUSIVE RENTED Y
If Library believes there has been a breach of a warranty in subsection 10.A above and so
notifies Dynix, then Dynix will promptly investigate the matter to determine the nature of the
suspected error. If there has been a breach of this warranty, then Dynix's sole obligation and
Library's exclusive remedy will be for Dynix to correct or modify the Licensed Software,
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CONFIDENTIAL AND PROPRIETARY
Hardware or Services to make the System perform as warranted or to re-perform the Services.
If Dynix is unable, after repeated efforts, to correct a breach of subsection A above, Library will
be entitled to an equitable adjustment in the monies owing under this Agreement, up to the total
amount of payments for either the Licensed Software, Hardware, or Services received over the
prior twelve month period, to reflect any reduction in the value of the Licensed Software or
Services as a result of the uncorrected error.
C. NO BREACH OF VITA RRA Ali TY
Dynix is not responsible for any claimed breach of any warranty caused by: (i) modification(s)
made to the System by anyone other than Dynix; or (ii) connection to the System of hardware
components not supplied by Dynix to Library; or(iii) Library's failure to use any new or corrected
versions of the System components made available by-Dynix; or Dynix's adherence to Library's
specifications or instructions provided Dynix notifies Library that custom work may affect contract
warranties.
D. NO ADDITIONAL WARRANTIES
THE WARRANTIES SET FORTH IN SECTION 10A OF THIS AGREEMENT ARE IN LIEU OF,
AND THIS AGREEMENT EXPRESSLY EXCLUDES TO THE MAXIMUM EXTENT PERMITTED
BY LAIN, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTY THAT THE LICENSED
SOFTWARE IS ERROR-FREE; AND (ii) ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT, AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM
STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
NO ADVICE, STATEMENT OR INFORMATION GIVEN BY DYNIX, ITS AFFILIATES,
CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY.
F THIRD PARTY WARRANTIES
Third Party products may come with a manufacturer's warranty. Such warranties begin on
shipment of the Third Party products from the manufacturer, whether shipment is to Dynix or to
Library.
11. DEDICATED SERVERS
All servers that are part of the System shall be dedicated servers and shall only contain Software
and Content for the Horizon System, and shall only be operated for the purposes of the Horizon
System.
12. MAINTENANCE
The Library hereby agrees to enter into a separate Maintenance Agreement, a copy of which is
included in Schedule 10 of this Agreement, for maintenance of the Hardware, Licensed Software and
Third Party Software. Pursuant to the maintenance terms listed in Schedule 10, Dynix shall maintain
the Licensed Software modules at Dynix's expense for a period of one year from Day 1 of Production
Operations.
13. PAYMENT SCHEDULE
Dynix shall submit all invoices to Library at the address shown in the first paragraph of this
Agreement, attention Deborah Duke. Library is solely responsible for payment of all invoices. Dynix
will not provide multiple invoices or bill entities other than Library, including consortium members or
governing boards, unless stated otherwise in this Agreement. Invoices shall be considered past due
thirty(30)days after the date shown thereon. Payment milestones are detailed in Schedule 4.
14. TAXATION
Library represents that it is exempt from taxes. Schedule 8 includes photocopies of applicable
certificates.
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Unless otherwise noted, the prices in any Agreement do not include taxes. Library agrees to pay
directly or reimburse Dynix for any taxes arising out of any Agreement or Dynix's performance under
any Agreement for which Library is not exempt, excluding taxes on Dynix's net income.
15. SOFTWARE LICENSE
A. Dynix hereby grants Library a non-exclusive, perpetual, non-transferable, non-sublicenseable and
limited use license to use the Software on the Database Server, Horizon Information Portal
Server, Test Database Server and Workstations solely in the conduct of the business of the
Library and other Libraries.
B. Library may not rent or lease the Software to any other entity or use the Software as part of a
commercial time-sharing, subscription bureau or service bureau operation unless the other entity
has a contractual arrangement with the Library for use of the Software as in a consortium
agreement.
C. The Software is confidential and copyrighted and all rights therein not expressly granted to Library
are reserved to Dynix.
D. Dynix retains title to all copies of the Software; all training and procedural materials developed by
Dynix in conjunction with the Software; and any additions and supplements to the Software which
may be developed for Library through the reimbursed or unreimbursed efforts of Dynix employees
or agents.
E Except to the extent permitted by applicable law, Library may not make copies of the Software,
other than for archival or backup purposes, nor shall it modify, decompile, or reverse-engineer the
Software.
F. Dynix may update and modify the Software from time to time, as it deems necessary. However, if
any such upgrade or modification will significantly effect or impair Library's use of the software,
Dynix will notify Library in writing prior to such upgrade or modification.
G. Dynix or its independent audit firm may, upon reasonable notice, examine and audit the records
and systems of Library to ensure compliance with any license granted by Dynix. Any audit will be
performed during Library's Normal Business Hours and in a manner which avoids unreasonable
interference with Library's operations. If such an audit reveals that Library has underpaid or failed
to pay any license fee, Library agrees promptly to correct such underpayment, and if Library has
overpaid any license fee, Dynix agrees to promptly correct such overpayment.
H Library acknowledges that any breach or threatened breach of any license involving unauthorized
use of Dynix's intellectual property rights will result in irreparable harm to Dynix for which
damages would not be an adequate remedy.
L Library may not alter or obscure any proprietary rights notice or the phrase "powered by Dynix
appearing on any Dynix-supplied materials and must include such notices or phrases on any
copies.
J. Dynix's placement of a copyright notice on any portion of any Software or any update to such
Software will not be construed to mean that such portion has been published and will not derogate
from any claim that such portion contains proprietary and confidential information of Dynix.
K Upon termination of this license for the Software, Library shall destroy or return to Dynix all copies
of the Licensed Software.
L. Copies of the Licensed Software in machine-readable source code along with necessary
documentation for installing, maintaining or modifying the Licensed Software have been deposited
with Data Securities International, Inc., of San Diego, California, under a deposit agreement.
Dynix shall maintain in good force for the duration of this Agreement a deposit agreement and will
not cancel or modify said deposit agreement without thirty days notice to Library. Library shall be
entitled to access the materials in escrow if, i) it is covered at the time of request by software
maintenance and, according to the terms of the deposit agreement, essential services cannot be
made available to Library by Dynix; and ii} Library is a registered licensee with Data Securities
International, Inc. Library may become a registered licensee either directly with Data Securities
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CONFIDENTIAL_AND PROPRIETARY
International, Inc. or by becoming a member of the Horizon Software Users' Group which is itself
a registered licensee.
M. The Library may elect to terminate this Agreement after final milestone payment and with a 60 day
written notice. The Library may continue using the Licensed Software for statistical purposes only
for a period of 12 months. At the end of 12 months, the Library must either destroy or return the
Licensed Software to Dynix.
16. OWNERSHIP of DATA
Library retains for itself, and each of the Other Libraries retains for itself, ownership and rights of
ownership to all bibliographic, authority, item, patron, and associated transaction records it enters into
the System's database or that the System creates for it. Dynix acknowledges that Library and each of
the other Libraries so retains ownership and rights of ownership to all of its bibliographic, authority,
item, patron, and associated transaction records entered into the database or created by the System
for it. Dynix shall not, without the written consent of an owning library, copy or use such records of that
library, except to carry out contracted work, and will not transfer such records to any other party not
involved in the performance of this Agreement. Library shall have the right, without the consent of
Dynix, to extract as Library's property and other Libraries' property such data using the System's
utilities and at no cost to Library or other Libraries.
17. INTELLECTUAL PROPERTY CLAIMS
A. Dynix will defend or settle, at its option and expense, any legal proceeding brought against
Library to the extent it is based on a claim that Hardware, Licensed Software or Third Party
Software provided by Dynix or any original works of authorship written by Dynix under a
statement of work infringes a third party's intellectual property rights. "Intellectual property
rights" means all intellectual property rights, including patents, trademarks, design rights,
copyrights, database rights, trade secrets and all other rights of an equivalent nature. Dynix will
indemnify Library against all damages and costs attributable to such claim, either settled by
agreement or awarded by the court finally determining the case, provided that Library:
1. gives written notice in a reasonable period of time after Library learns of the possible
claim;
2. gives Dynix sole control of the defense and settlement of the claim;
3. provides Dynix, at Dynix's expense, with all available information and assistance relating
to the claim and legal proceeding; and
4. does not compromise or settle such claim.
B. If such materials are found to infringe, or in the reasonable opinion of Dynix are likely to be the
subject of a claim, Dynix attempt to address the situation as described below in (1)and (2):
1. obtain for Library the right to use such materials;
2. replace or modify the materials so they become non-infringing.
If neither (1) nor (2) is reasonably achievable through the best efforts of Dynix, Dynix will
request the Library to remove such materials and then refund to the Library the 3 year net book
value for Third Party Software products; and in the case of Licensed Software, Dynix will refund
the purchase price of the Licensed Software.
C. Dynix has no obligation to the extent any claim results from:
1. modification of the materials other than at the direction of Dynix, or
2. use of an allegedly infringing version of the materials, if the infringement could have been
avoided by the use of a different version made available to Library.
THIS SECTION STATES DYNIX'S ENTIRE OBLIGATION TO LIBRARY AND LIBRARY'S SOLE
REMEDY FOR ANY CLAIM! of INFRINGEMENT.
18. LIMITATION of LIABILITY
A. NO LIMITATION OR CERTAIN CATEGORIES OF LIABILITY.
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1. Dynix will indemnify the Library and hold the Library harmless from any claim or alleged
claim for death, personal injury, or property damage arising in any way from Dynix's
negligent acts or omissions from the performance or failure to perform its obligation under
this Agreement;
2, Dynix's breach of any applicable license grant; or
3. the non-excludable statutory rights of consumers, e.g., under laws providing for strict
product liability.
B. LIMITATIONS ON OTHER CATEGORIES OF LIABILITY.
Subject to subsection A above and to the extent not prohibited by applicable law:
1. Dynix's maximum aggregate liability for all claims relating to the Agreement, whether for
breach of contract, breach of warranty or in tort, including negligence, will be limited to the
amount paid by the Library to Dynix (excluding maintenance fees) for the product or
service which is the subject matter of the claim; and
2. DYNIX WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING
OUT OF THE AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSS OF
BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY
ARISE, WHETHER IN BREACH.of CONTRACT, BREACH of WARRANTY, OR IN
TORT, INCLUDING NEGLIGENCE, AND EVEN IF DYNIX HAS PREVIOUSLY BEEN
ADVISED of THE POSSIBILITY OF SUCH DAMAGES.
LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY
EXCLUSIVE REMEDY PROVIDED FOR IN THE AGREEMENT FAILS of ITS
ESSENTIAL PURPOSE.
19. INSURANCE
During the-performance of this Agreement, Dynix will maintain in full force and effect the following
insurance coverage:
A. WORKER"S COMPENSATION
Full Worker's Compensation in full compliance with applicable state statutes.
B. GENERAL LIABILITY INIS URA NICE
Dynix shall provide sufficiently broad coverage to include:
1. General Liability Insurance
2. Personal Injury Liability
`Fhe amount of the policy shall be no less than $1,000,000 Single Limit per occurrence and no
more than $2,000,000 in the aggregate, issued by an insurer licensed to do business within the
State of Texas.
Dynix will have a certificate of insurance completed and filed with the director of Library prior to
the execution of this agreement. No cancellation, change in coverage, or expiration by the
insurance company or the insured shall occur during the term of this contract, without thirty (30)
days written notice to Library prior to the effective date of such cancellation or change in
coverage. No change in coverage shall result in a reduction of the dollar amount of such
coverage as specified above.
20. LICENSED SOFTWARE ENHANCEMENTS AND NEW RELEASES
Dynix may provide, from time to time as part of maintenance, modifications of the construction and/or
design of the Hardware, Licensed Software and/or the Third Party Software. Should Dynix change
the software capabilities beyond those required as part of this Agreement, it is the option of Library to
accept or reject the installation and use of the software changes. Should Library choose to accept the
new software, Dynix will provide Library the necessary installation software and Library shall be able
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to install the said modifications at its convenience. Dynix personnel will be available during normal
business hours for consultation should Library encounter difficulty installing the modifications. In the
event that Dynix provides such modifications to Library, Dynix shall supply documentation which shall
be sufficient for the use and operation of the System by Library. Should Library elect to install and
use the added software functions or capabilities, Library shall be responsible for the costs associated
with the purchase, installation and maintenance of the computer hardware necessary to operate
same. Library understands that all releases must be installed separately and that new enhancements,
and some bug fixes, are not made available without accepting such releases. Fixes of Bugs that are
data corrupting or that affect the performance or availability of the System as defined by this
Agreement will be provided to Library without requiring that Library install or accept new releases. If
the data corruption is occurring at the database level, a new release of the Software may be required
to solve the problem.
In the event that a new release of Software may require more computer resources than Library
currently has available, Dynix agrees that Library may operate the currently installed release of
Software until such time Library can install new or upgraded existing computer resources to
accommodate the new release. Library may continue to operate the then-current release of Software,
which Dynix will continue to support for at least two years from the time of the release of the Software
that requires additional computer resources,
21. TERMINATION
The parbes agree to attempt to resolve amicably all disputes arising out of this Agreement,employing whenever
possible the steps outlined in section 24 below. However, the parties also acknowledge that there may be
occasions when a non-remediable material breach of this Agreement occurs or a party refuses or is unable to cure
a remediable breach. As such,the following terms regarding termination shall apply:
A Either party may terminate this Agreement immediately upon thirty(30)days written notice
1. If the other party commits a non-remediable material breach of this Agreement (non-remediable material
breaches include, but are not limited to, violating the intellectual property rights, proprietary rights or other
confidential rights of the other party as outlined in this Agreement fraud; complete inability to provide promised
material deliverables;etc.);or
2. If the other party fails to cure any remediable material breach or provide a written plan of cure acceptable to the
non-breaching party within 30 days of being notified in writing of such breach.
B. Following termination of this Agreement(for whatever reason),each party will deliver to the other any property of the
other in its possession or control in good condition,reasonable wear and tear excepted.
22, RETURNS
Library may incur restocking fees and other like assessments if it changes the types and quantities of
items purchased under this Agreement after the items have been ordered. Returns of Hardware and
Third Party Software shall be governed by the manufacturer's policies.
23. ASSIGNMENT
No assignment of this Agreement or any right or interest herein by either party will be effective unless
the other party has given its written consent to such assignment, which consent will not be
unreasonably withheld. However, Dynix may assign its rights to receive payments hereunder without
Library's consent. Dynix agrees to give Library thirty(30)days written notice of such assignment
24. DISPUTE RESOLUTION
The parties will use reasonable efforts to resolve any dispute arising out of the Agreement through a
meeting of appropriate managers from each party, If the parties are unable to resolve the dispute,
either party may escalate it to its executives. If an executive level meeting fails to resolve the dispute
City of Fort Worth-Page 10
CONFIDENT' ..,,_..,.�.�
3
'� �j
within thirty (30) days after escalation, either party may seek any available legal relief. This provision
will not affect either party's right to seek injunctive or other provisional relief at any time.
25. NETWORK ACCESS
All new network connection requests between third parties and the City of Fort Worth require that
the third party and City of Fort Worth representatives agree to and execute a third party connection
agreement. This agreement, a sample of which is attached as Schedule 11 outlines the scope of
access of all third parties to the city of Fort Worth's network. Final terms of the agreement are to be
negotiated by the parties, and must be signed by all parties after full execution of the contract and
prior to the grant of any access to the City of Fort Worth's system and or network. The access
agreement will be kept on file with the city of Fort Worth Information Technology Solutions
department.
26. GENERAL
A. Force Majeure. The parties will exercise every reasonable effort to meet their respective
obligations hereunder but shall not be liable for delays resulting from force majeure or other
causes beyond their reasonable control. This provision does not relieve Customer of its
obligation to make payments then owing.
B. Nondiscrimination. Neither Dynix, nor any officer, agent, employee, servant or subcontractor
of Dynix shall discriminate in the treatment or employment of an individual or groups of
individuals on the grounds of race, color, religion, national origin, age, sex or disability unrelated
to job performance, either directly, indirectly or through contractual or other arrangements.
C. Non-collusion Covenant. Dynix hereby represents and agrees that it has in no way entered
into any contingent fee arrangement with any firm or person concerning the obtaining of this
Agreement with the Library. Dynix has received from the Library no incentive or special
payments, or considerations not related to the provision of automation systems and services
described in this Agreement.
D. Publicity. Dynix agrees to submit to the Library all press releases, advertising, sales
promotions, and other publicity matters related to any product furnished by Dynix to the Library
wherein the Library's name is mentioned, excluding the Dynix customer list and newsletter.
Dynix shall not publish or knowingly permit to be published, any such material without the prior
written consent of the Library.
F. Notices. All written notices required by this Agreement will be effective upon receipt. Notices
communicated by electronic mail or facsimile will be deemed to be written. Notices to the
parties shall be addressed to:
Library: Name: Deborah C. Duke
Address: 500 W. 3rd Street, Fort Worth TX 75102
Tel: 817--871-7725
Fax: 817-871-7734
E-mail: dduke fortworthlibra .or
Dynix: Name: Bill Davison
Address: 400 W. Dynix Drive, Provo, VT 84604
Tel: (801)233-5267
Fax: (801)223-5202
E-mail: bdavisgD@dynix.com
F. Relationship. This Agreement is not intended to create a partnership, franchise, joint
venture, agency, or a fiduciary or employment relationship. Neither party may bind the other
party or act in a manner which expresses or implies a relationship other than that of
independent contractor.
City of Fort Worth-Page 11
CONFIDENTIAL AND PROPRIETARY
G. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
H. Survival. Rights and obligations under the Agreement which by their nature should survive
will remain in effect after termination or expiration of the Agreement.
L No Waiver. Any express waiver or failure to exercise promptly any right under this Agreement
will not create a continuing waiver or any expectation of non-enforcement.
J. Modification. No modification to this Agreement will be binding unless in writing and signed
by an authorized representative of each party.
IC Section Readings. Headings and titles used in this Agreement are for reference purposes only
and shad not be deemed a part of this Agreement.
L. Entire Agreement. This Agreement constitutes the parties' entire agreement relating to its
subject matter. It cancels and supersedes all prior or contemporaneous oral or written
communications, proposals, conditions, representations, and warranties, and prevails over any
conflicting or additional terms contained in any quote, purchase order, acknowledgement, or
other communication between parties relating to its subject matter during its term.
M. Counterparts. The parties agree that this Agreement may be executed in one or more
counterparts, each of which shall constitute an enforceable original of the Agreement, and that
facsimile signatures shall be as effective and binding as original signatures.
N. This Agreement will be governed and construed according to the laws of the State of Texas.
This Agreement is performable in Tarrant County, Texas. Venue shall lie exclusively in
Tarrant County, Texas.
IN WITNESS WHEREOF, the parties have caused this Agreement, which shall inure to the benefit of and
be binding upon the successors of the respective parties, to be signed and entered as of the later date
shown below.
Dynix Corporation City of FvWorth
a i
Title: Title: S:rl-om Ot 7
Date: �-710 1 Date: ;?
APROVED TO PORN AND LEGALITY
1,�/231 ),r P
Assistant City Attorney
AffE�~1 '�
JA 117
City of Fort Worth-Page 12
CONFIDENTIAL A
_.n
Cont*_".-act Authorization
Date
SCHEDULE 1
CONFIGURATION#43343
Horizon System Configuration for 350 Staff Licenses for Use with any Software module, and Unlimited
Public Access Users, for shared use by the Library and other Libraries.
Unit Total Annual
Qty Description Price Price Maint
DYNIX SOFTWARE
1 Horizon Public Library Suite 217,875 2171875 32,681
General
Horizon Cataloging
Horizon Circulation
Horizon Information Portal
Horizon Kids' Information Portal
Horizon Acquisitions
Horizon Debt Collect
Horizon Inventory
Horizon Community Resources
Horizon Home Service
1 Horizon Serials Control 261976 26,976 4,046
1 Horizon Reserves 131488 13,488 21023
1 Horizon Media Scheduling 13,488 137488 21023
1 Horizon Remote Patron Authentication Existing Existing
D nix Customer Lo alt Discount: (81,548)
i
DA TABA SE SOFTWARE
1 Database Software(Sybase)
92421 921421 137853
1 Additional Database-Same Profile 21000 21000 335
1 Database Software Add. DB on separate server 81670 8570 1,440
ADDITIONAL SOFTWARE
Additional Horizon Staff User Licenses
30 Horizon Staff User License 400 12,000 11800
* increase Horizon staff user count from 320 to
350
Vietnamese Horizon Information Portal
1 Vietnamese Horizon Information Portal 71500 7,5x0
Horizon Consolidated Searching
City of Fort Worth-Page S-1
CONFIDENTIAL AND PROPRIETARY
77 51-150 Translators 150 111550 11,55p
1 Horizon Enriched Content(Public) 143825 14,825 141825
Elements Selected Are:
Fiction & Bio
Table of contents
Summaries/An notations
Chapters/Excerpts
Cover images
PW Reviews
U Reviews
SU Reviews
Author Notes
PERIPHERAL SOFTWARE
1 Horizon Web Reporter 311860 311860 41752
22 Horizon Web Reporter
4 Horizon Web Analyst
1 Horizon Web Reporter System Admin
Horizon Web Reporter Pro-Maintenance
6 Additional Horizon Web Analyst 700 41200 11146
1 Additional Horizon Web Reporter System Admin 11485 11485 446
Note : Web based prerecorded training is included
with the purchase of Horizon Web Reporter.
DATA SERVICES
HORIZON DATA LOAD SERVICES
1 MARC Data Load Setup & Consultation 61000 61000
Desc: Includes Consultation, test load(s), data tuning, and
-profiling while in implementation.
Requirement: The library will provide clean MARC
records with item tags.
1 MARC Bibliographic and item Record Load 111200 117200
1 Authority Control Processing (Standard) 39,200 39,200
Desc: Bib records are upgraded to current Library of Congress authority control standards
and matched authority records are returned.
1 Community Resources Record Load NfC NIC
Desc: Load MARC community resource records
and excel file
per RFP 9.7.11
1 Acquisitions Data Load
1 Over 500,000 bib records 87500 81500
1 Circulation Transaction Migration
1 Over 500,000 bib records 71500 71500
1 MARC Hold (Serial) Data Load
11 Over 500,000 bib records 81500 81500
City of Fort Worth-Page S-2
CONFIDENTIAL AND PROPRIETARY
1 Patron File Load-one Time 21500 21500
1 Authority Test Set as per Schedule 5.A.2 21000 21000
HORIZON CUSTOM DATA SERVICES
3 custom Programming Days-special setup of 11600 41800
OPAL
IMPLEMENTATION SERVICES
2 Pre-installation and Database Design Planning 11500 31000
Days
Profile and map system, determine indexes
and MARC maps, decide
collection and location codes, circulation
_privileges, borrower types
and barcodes (to be held at Dynix, inc., or
iLearn
SERVER STAGING
1 Local Server Staging (at Dynix) 41000 41000
Staging for:
DATABASE SERVER
HORIZON INFORMATION PORTAL SERVER
TEST&TRAINING SERVER
R PA
HORIZON WEB REPORTER
SERVER INTEGRATION
1 On-site Server Integration (at the library) 3,750 31750
Integration for:
DATABASE SERVER
1 Additional On-site Server integration (at the 11600 1,500
library)
Integration for:
HORIZON INFORMATION PORTAL SERVER
TEST&TRAINING SERVER
RPA
HORIZON WEB REPORTER
EDUCATION SERVICES
HORIZON TRAINING
18.5 Total Training Days 11100 20,350
1 Base Onsite Education Package (3 Days)
Training Subjects:
Searching
Cataloging
Circulation
City of Fort Worth-Page S-3
CONFIDENTIAL AND PROPRIETARY
QuickStart System Administration
1 PUBLIC Onsite Education Package (3.5
Days)
Training Subjects:
OfFline Circ
Home Services
Community Resources
Inventory
Acquisitions
1 Horizon Serials (1.5
Da s
1 Horizon Reserves (1 Days)
1 Horizon Media Scheduling (0.5
Days)
Training Add-on
9 Elective Horizon Training (To be determined by (1 Days)
Libra
*dates and training subject to be determined later
SERVER HARDWARE
WARE
HORIZON INFORMATION PORTAL SERVER
1 Dell PowerEd a 2800 Server 71568 71568 11135
2 x 3.2 GHz Intel Xeon Processor(s)with 1 MB
cache
4096 MB DDR2 SD RAM Memory
2 x 36 G B 10000 rpm Hot Swappable Disk(s)
Internal HW RAID
Media: CDRWIDVD, 1.44 MB Flopp
DAT72 Tape Drive
17 Inch Monitor
MicroSoft Win 2003 Server
3 Year, 4-Hour ResponseIA/arranty Uplift - -
RPA SERVER
1 Dell PowerEd a 2800 Server 61345 61345 952
1 x 3.2 GHz Intel Xeon Processor(s)with 1 MB
cache
2048 MB ECC DDR Memory
2 x 36 GB 10000 rpm Hot Swappable Disk(s)
Internal HW RAID
Media: CDRWIDVD, 1.44 MB Floppy
DAT72 Tape Drive
17 inch Monitor
M icroSoft Win 2003 Server
3 Year, 4-Hour Response Warranty Uplift - -
City of Fort Worth-Page S-4
CONFIDENTIAL AND PROPRIETARY
t ' r 1 -. r• r3
r
• f 1, rl)r I
wwtirawwya.w-y.yw Y�.Ylrrr a
TEST/TRAINING DATABASE SERVER
1 Sun Fire 280R Server 15,672 15,672 39156
1 x 1.2 UitraS arc III Processors with 8 MB cache
2048 MB ECC DI MM Memory
2 x 73 GB 10000 rpm Hot Swappable Disk(s)
Media: DVD-ROM , No Floppy
17 Inch Monitor
Solaris 9
1 st Year, 4-Hour Response Warranty Uplift 11134 11134
WEB REPORTER SERVER
1 Dell PowerEd a 1750 Server 71186 7,186 11078
2 x 3.06 GHz Intel Xeon Processor(s)with 512 KB
cache
4096
MB ECC DDR Memory
2 x 73 GB 10000 rpm Hot Swappable Disk(s)
Internal HW RAID
Media: C DRWIDVD , 1.44 MB Fl9ppy
0 Tape Drive
17 Inch Monitor
MicroSoft Win 2003 Server
3 Year, Next-Business Day Response Warranty - -
Uplift
SERVER ACCESSORIES
SUPPORT SOFTWARE
3 Symantec pcAnywhere 10.5 (Host/Remote) 208 624 -
OPERATING SYSTEM! SUPPORT
4 OS Technical Support- (Additional Servers) 41000
Includes:
-Operating system tuning assistance
-Operating system patches (upon request)
- Phone support for general questions
concerning the operating system
- Hardware break-fix support is subject to Vendor Contract
purchased and maintained
MAINTENANCE MODEMS
4 Multitech 33.6K Modem with DB9 Cable 159 636 120
BUNDLED HARDWARE
TELEPHONE MESSAGING
1 Telephone Messaging -4 Analog Lines Existing Existing
SUPPLIES
Documentation Bundle
1 Horizon Public Library Suite Doc And Media
1 Horizon Cataloging Documentation Kit -
1 Horizon Circulation Documentation Kit -
City of Fort Worth-Page S-5
CONFIDENTIAL AND PROPRIETARY
1 Horizon Information Portal Documentation Kit -
1 Horizon General Documentation Kit
1 Horizon Acquisitions Documentation Kit
1 Horizon Debt Collect Documentation Kit
1 Horizon Release 7.3 Community Resources User's and -
Administrator's Guide
1 Horizon Release 7.3 Home Service User's and -
Administrator's Guide
1 Horizon Serials Documentation Kit
1 Horizon Release 7.3 Reserve Book Room User's
and Administrator's Guide
1 Horizon Consolidated Searching Documentation
Kit
1 Horizon Enriched Content Documentation Kit -
1 Horizon Release 7.3 Media Scheduling User's -
Guide
1 Horizon Release 7.3 Telephone Messaging User's
and Administrator's Guide
1 Horizon Remote Patron Authentication -
Documentation Kit
SYSTEM TOTAL 538,855 101,372
Shipping: 11518
Additional Offered Discount: (77,621)
TestlTraining Database Discount: (800)
Authority Control Processing Discount: (91300)
December 2004 signing Discount (59000)
Total Offered Discount: (92,721)
GRAND TOTAL 4471652 1 10'1,372
The Library is purchasing 350 staff user licenses under this Agreement. Should an Other Library elect not
to join in use of the System, Dynix will adjust the purchase price by $400 per staff user license that will not
be used because of the Other Library's election not to join. For purposes of such price adjustment, the
number of staff user licenses allocated to each Other Library shall be as shown in the Library's Request for
Proposal, table 1-3, column 7, with the following chana
Benbrook: 5 total staff PCs rather than 2
Burleson: 11 total staff PCs rather than 3
Haltom City: 16 total staff rather than 3 .
City of Fort Worth-Page S-6
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 1 A
OTHER THIRD-PARTY PRODUCTS FOR USE BY THE LIBRARY(CONFIGURATION#43099}
Unit Total Annual
Qty Description Price Price Maint
ADDITIONAL SOFTWARE
Print Management
345 LPT:one Print Client 27 91315 11725
16 LPT:One Print Release Station 650 191466 11776
1 Enterprise Manager Module (to Manage all release 11250 17250 213
stations
PC Management
345 PC Reservations Client Module 27 91315 11725
16 PC Reservation Management Console 925 141800 21512
1 Authentication and Accounting Module 37995 31995
Install
1 On-Site Install (7days) and System Development 117075 11,075
Coin &Bill Acceptor
16 Coin & Bill Acceptor 21540 40,640
PERIPHERAL HARDWARE
PORTABLE DATA COLLECTION
30 PSC Falcon PT40 Includes: 256 KB memory, Dock, 11090 321700 71800
Battery, Cable
NETWORK-PRINTER
16 HP LaserJet 4250n 11313 211008
PRINTERS- RECEIPT
80 Epson Impact Parallel Receipt Printer, gray 388 311040 61208
autocutter
80 . Epson Black Printer Ribbon for TM-U220 AC 2.40 192
SYSTEM TOTAL 1853730 21,959
Shipping: 1,259
Print/PCManagement Discount: (91016)
5% Peripheral Discount: (4,247)
Total Discount: (13,263)
GRAND TOTAL 173,726 21,959
City of Fort Worth-Page S-7
CONFIDENTIAL AND PROPRIETARY
ll3 it k�
F
SCHEDULE 1 B
OTHER THIRD-PARTY PRODUCTS FOR USE BY OTHER LIBRARIES
This agreement may be amended to purchase third party products for use by Other Libraries and to adjust
payment schedules accordingly.
Please see schedule 1 D for products and prices.
City of Fort Worth-Page S-8
CONFIDENTIAL AND PROPRIETARY
i
SCHEDULE I c
CONFIGURATION OPTIONS FOR THE LIBRARY
NOTE: Unless otherwise indicated, pricing of optional items does not include installation charges. Pricing
shall remain fixed for two years from the Effective Date for Dynix-developed software and 180 days from the
Effective Date for all other products and thereafter shall be subject to change without notice.
Unit Total Annual
otr Description Price Price Maint
OPTION ITEMS
Horizon Web Reporter Licenses
1 Horizon Web Reporter 500 500 75
1 Horizon Web Analyst 700 700 105
1 Horizon Web Professional 1 10485 1 11485 223
Education Services
HORIZON TRAINING
1 Elective Horizon Training Day 1 1100 11100
*onsite training must have a minimum of 3 days
Supplies
RECEIPT PRINTER SUPPLIES
1 Epson Impact Receipt Paper 3X3, 50 Rolls 39.40 39.00
Unit Total Annual
Qty Description Price Price Maint
Horizon Digital Library
1 Horizon Digital Library Tier A(1 Processor) 34,800 341800 51264
Late Scanning Software
1 ScanSoft Omnipage Pro Scanning and Conversion 599 599 -
software(1 User)
Database Software for Digital Library
1 MS SQL 2K Standard Run Time Edition Lic. (Per 3,015 31015 452
Processor
1 Dynix Support for MSSQL Server 2000 11500 19500 11500
DATA SERVICES
1 Digital Library Profiling and Consultation 800 800
City of Fort Worth-Page S-9
CONFIDENTIAL AND PROPRIETARY
IMPLEMENTATION SERVICES
SERVER STAGING
1 Local Server Staging (at Dynix) 869 890
Stag ing for:
Horizon Digital Library Server
SERVER INTEGRATION
1 Remote Server Integration (via telephone) 800 800
Integration for:
Horizon Digital Library Server
SERVER HARDWARE
HORIZON DIGITAL LIBRARY SERVER
1 Dell PowerEd a 2600 Server 91314 91314 11397
1 x 3.06 GHz Intel Xeon Processors with 512 KB cache
2048 MB ECC DDR Memory
4 x 73 GB 10000 rpm Hot Swa able Disk s
Internal HW RAID
Media: 24x I DE CD-ROM , 1.44 MB Floppy
1601320 GB SDLT Tae Drive
17 Inch Monitor
Microsoft Win 2003 Server
3 Year,4-Hour Response Warranty Uplift - -
SERVER ACCESSORIES
SUPPORT SOFTWARE
1 Symantec pcAnywhere 10.5 (Host/Remote) 208 208
OPERATING SYSTEM SUPPORT
1 OS Technical Support-(First Dell Server) 21600
MAINTENANCE MODEMS
1 Multitech 33.6K Modem with DB9 Cable 159 159 39
UPS
1 Liebert Upstation GXT2U Online 1 000 VA UPS 1 1050 11050 189
1 1 Year Extended Maintenance (3 yrs. total) 23 23
1 Liebert Multilink License for 1 Computer Free Download
Note: Liebert UPS Includes:
-Liebert Two Year Warrant .
- 10 foot loqg input cord With a NEMA 5-15Pplug for GXT2U 1000 and 1540
SYSTEM TOTAL 531068 12,432
Shipping: 678
Discount quoted in Best and Final Offer -$21687
GRAND TOTAL 51,059 12,432
City of Fart Worth-Page S-1 g
CONFIDENTIAL AND PROPRIETARY
Checkpoint Self-Charge Stations
1-Tech Logic Barcode Self Check with Cabinet(Left Scan Option) $15,642
Includes: PC, Touch Monitor, Flush Mount Printer, Barcode Reader, Software, Installation &
Training, Table Top&Cabinet
Estimated first year maintenance following any manufacturer warranty shall be$2,346.
1-Tech Logic Barcode Self Check Out in Existing Circ Desk(Left Scan Option) $11,360
Includes: PC, Touch Screen, Flush Mount Printer, ScanEZ Barcode Reader, Software, onsite
Installation and Training, Architect Kit, Wear Resistant Table Top.
Estimated first year maintenance following any manufacturer warranty shall be$1,704.
City of Fort Worth-Page S-11
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 'ID
CONFIGURATION OPTIONS FOR OTHER LIBRARIES
NOTE: Unless otherwise indicated, pricing of optional items does not include installation charges. Pricing
shall remain fixed for two years from the Effective Date for Dynix-developed software and 180 days from the
Effective Date for all other products and thereafter shall be subject to change without notice.
Unit Total Annual
City Description Price Price Maint
ADDITIONAL SOFTWARE
Print Management
1 LPT:One Print Client 27 27 5
1 LPT:One Print Release Station 6501 550 111
PC Management
1 PC Reservations Client Module 27 27 5
1 PC Reservation Management Console 925 925 157
Install '
1 On-Site Install (1 day) and System Development 11750 1 1750
Coin & Bill Acceptor
1 Coin & Bill Acceptor 29540 2,540
PERIPHERAL HARDWARE
PORTABLE DATA COLLECTION
1 PSC Falcon PT40 Includes: 256 KB memory, Dock, 11090 1,099 260
Battery, Cable
NETWORK-PRINTER
1 HP LaserJet 4250n 11313 11313 -
PRINTERS-RECEIPT
1 Epson Impact Parallel Receipt Printer, gray 388 388 77.69
autocutter
1 Epson Black Printer Ribbon for TM-U220 AC 2.49 2.40
City of Fort Worth-Page S-1 2
CONFIDENTIAL AND PROPRIETARY
r r ,
SCHEDULE 2
SCHEDULE OF ACTIVITIES
Dynix and the Library hereby agree to the following schedule for implementation of the System. Following
contract execution, Library and Dynix will have 30 days to amend and finalize the schedule of activities.
Start Date End Date
Project Start Tuesday, January 11,
2005
Discuss Specific Details of Implementation Schedule
Delivery of Software and Documentation to the Client
Milestone: Delivery of Client Licensed Software Modules to Library
Load Horizon Test Data 7 Monday,January 31, Monday, February
days 2005 0712005
Extract the Test Data
Load the test records on your Horizon
database
System Profiling 28 Monday, February Monday, March 07,
days 07, 2005 2005
Profiling Sessions#1 with Library Consultant 2 Thursday, February Friday, February 11,
days 10, 2405 2005
Profiling Session#2 with Library Consultant 2 Tuesday, March 01, Wednesday, March
days 2005 02, 2005
Reload of Horizon Test Data 1 Monday, March 07, Tuesday, March 08,
days 2005 2045
Extract the Test Data
Load the test records on your Horizon
database
Testing 48 Tuesday, March 08, Monday, April 25,
days 2005 2005
Review Test data against the entered
profiles
Server Staging
Horizon Information Portal Server 21 Monday, April 04, Monday, April 25,
days 2005 2005
Order and Receive Server 14
days
Remote Install 1
days
Test and Training Server 21 Tuesday, May 10, Tuesday, May 31,
days 2005 2005
Order, Receive and Stage Server at
Dynix
RPA Server 21 Wednesday, June 15, Wednesday,July 06,
days 2005 2005
Order and Receive Server
Webreporter Server 21 Wednesday, June 15, Wednesday,July 06,
days 2005 2005
Order and Receive Server
Milestone: Delivery of Hardware and Third-Party Software to Library
Sign- 0 Monday, April 25, Monday, April 25,
City of Fort Worth-Page S-13
CONFIDENTIAL AND PROPRIETARY
offs days 2005 2005
Send Testload Data sign-off form to Dynix(Document: Testload Acceptance)
Send Profile Acceptance form to Dynix(Document: Profile Acceptance)
Milestone: Successful Completion of Data Test Load and Acceptance of Authority Record Load and
Profile
Setup of Training Environment 7 Monday, April 25, Monday, May 02,
days 2005 2005
Configure/partition V880 for Test Load for
Training
Load copy of test load onto V880 Database
Install and Setup of Information Portal for
Training
Training on Test Database of Fort Worth's 23 Tuesday, May 03, Thursday, May 26,
Data days 2405 2045
Complete Core Training 3 Tuesday, May 03, Thursday, May 05,
days 2005 2005
Complete Additional Training (as listed in 3 Tuesday, May 10, Thursday, May 12,
contract) days 2005 2005
Complete Additional Training (as listed in 3 Tuesday, May 17, "rhursday, May 19,
contract) days 2005 2005
Peripherals 14 Monday, April 25, Monday, May 09,
days 2005 2005
Setup Sessions with Peripheral Specialist 14 Monday, April 25, Monday, May 09,
days 2005 2005
Profiling Sessions#3 with Library Consultant 2 Tuesday, May 03, Thursday, May 05,
days 2005 2005
Authority Load 35
days
Extraction of Data from Dynix 4 Friday, April 29, 2005 Tuesday, May 03,
days 2005
Return of Data from Third Party Vendor 28 Tuesday, May 03, Tuesday, May 31,
days 2005 2005
Production Data load and Software Check 29 Tuesday, May 31, Wednesday, June 29,
days 2005 2005
Load Authority Controlled bib and Record
Files onto SUN Test/Training server in Provo
Extract and Load Patron Records 27 Tuesday, May 311 Monday, June 27,
days 2005 2005
Perform Software Check(Document: 2 Tuesday, June 28, Wednesday, June 29,
Software Checklist) days Zoos 2005
Milestone: Successful Completion of Production Data Load/Migration
Hardware Installation 7 Wednesday, June 29, Wednesday, July 05,
days 2005 2005
Ship Test and Training Server 5 Wednesday, June 29, Monday, July 04, 2005
days 2005
Install Test and Training Server, RPA and 3 Wednesday, July 06, Friday, July 08, 2005
Webreporter Server days 2005
Transfer Production Data from Test and Training
Server to V880
Gap Load and Cut-over 5 Wednesday, July 13, Tuesday, July 19,
days 2005 2005
Cataloging and Patron Data Gap Load 3 Wednesday, July 13, Friday,July 15, 2005
City of Fort Worth-Page S-14
4 CONFIDENTIAL AND PROPRIETARY
days 2005
Stop cataloging and making patron 0 Wednesday, July 13, Wednesday, July 13,
record changes days 2005 2005
Extract bib,item, and patron records 0 Wednesday, July 13, Wednesday, July 13,
days 2005 2005
Load gap data for bib, item and 3 Wednesday, July 13, Friday, July 15, 2005
patron records days 2005
Load Acquisitions and Serials Data
Circulation and Item Data cutover 4 Monday, July 18, Thursday,July 21,
days 2005 2005
Stop circulation and discontinue use 0 Monday, July 18, 2005 Monday, July 18, 2005
of existing system days
Extract circulation data 0 Monday, July 18, 2005 Monday, July 18, 2005
days
Load circulation data 4 Monday, July 18, 2005 Thursday, July 21,
days 2005
Process Horizon Qffline Circulation 0 Thursday, July 21, -rhursday, July 21,
data into Horizon days 2005 2005
Horizon Go Live 0 Thursday,July 21, Thursday,July 21,
days 2005 2005
Begin using your new Horizon system
Milestone: Successful Completion or Waiver of Functional Acceptance Test
Milestone: Successful Completion or Waiver of Response Time and Reliability Acceptance Tests
Project Wrap Up 14 Thursday,July 21, Thursday, August
days 2005 0492005
Begin to submit issues to Support using Log Express
City of Fort Worth-Page S-1 5
CONFIDENTIAL AND PROPRIETARY
r ,
SCHEDULE 3
DATA LOAD SERVICES DETAIL
Preparing Library's Data. Dynix will conduct a check of the Library's data and will provide the Library
with a report detailing problems with any data codes. The Library will then perform a data cleanup prior to
the migration of data to Horizon based upon the report provided by Dynix.
Extraction of Sample Data.
(1) Library and Dynix will jointly develop data load specifications. These specifications (the "Load
specifications") shall be set forth in writing by Library. Dynix will assist Library in identifying
inaccuracies or deficiencies in the Load Specifications as revealed by actual loading and will work
with Library to revise the Load Specification as appropriate. Revisions made as the result of
inaccuracies in the Load Specifications may result in delays in record processing and additional
charges. Additional charges will be levied on a case by case basis depending on the number or
severity of revisions that are required. Generally, if it will take Dynix more than 30 minutes to
complete a revision, charges will be levied.
(2) Dynix shall then pull up to twenty thousand (20,000) each of the Library's bibliographic, items and
patron records and all the order and serial checkin records (the "Test Set") that shall be used to
verify that processing will be done according to specifications.
(3) After Dynix delivers the processed record information, Library shall promptly review the Test Set
and identify any discrepancies between the processed data and the Load Specifications. Examples
of discrepancies shall be clearly reported to Dynix.
(4) Dynix will correct all reported problems as identified in (3) above. Steps 3-4 will be repeated until the
Test Set is properly loaded according to the Load Specifications.
(5) Dynix and Library agree that Dynix shall not be responsible for fixing problems not identified by the
Load Specifications nor for correcting erroneous records in the Library's Dynix I LS system.
The Data Load Test shall be successfully completed when the Test Sets have been processed to meet
the Load Specifications. Following the Data Load Test, Dynix shall proceed with the production data
load.
Submit Data to Dynix. Dynix will extract all pertinent data files in standard MARC from Library's current
system. After the data extraction, Library will continue working on its existing Dynix system. Library may
continue to catalog as normal.
Production Data Load. Once the Test Dataload Acceptance form is received, Dynix will begin the
Production Dataload onto Library's Database Server. Once the full data set has been received, all test
data will be deleted from Library's database. The Production Data Load will include the following: item,
patron, authority-controlled bibs and authority record files.
Dynix will then load the Production data into Library's database. At this point, further changes to indexes
and indexing MARC maps is difficult and change to authority control is impossible. These changes must
be finalized during the Test Load.
Once Library has tested the production data load, it will be required to signoff on the production data load.
Cutover to Horizon System. At some point after the installation of the Database Server at Library,
Library will stop cataloging on its current system. Dynix will extract a gap file of all the bibliographic
records that have been added or changed since the production data was extracted. The gap data shall
then be loaded onto the Database Server. once the gap bibliographic and item data is loaded, the other
data sets can be loaded, and Library will be required to signoff on the final data. Library will then begin
working on its new Horizon system. At this point, Library may discontinue use of its current system.
City of Fort Worth-Page S-1 6
CONFIDENTIAL AND PROPRIETARY
Authority Records: Library shall have the option to have Dynix load a file of MARC authority records
supplied by Library or have the Dynix create authority files of the headings in the bibliographic records.
Bibliographic Records/MARL load: Load records from a single source creating one bibliographic
record for each MARC record in the Dynix I LS system.
Holding Creation/Item Records: Item records will be migrated from the current system and will be
provided by Library. Dynix will automatically assign collection codes, item loan types, and Library/branch
designations to each item based on information supplied by Library.
Patron File Load: Dynix will provide a borrower import program to allow Library multiple loads of patron
records in a published standard data format.
Circulation Data Load: Dynix will transfer circulation transaction files from the existing Dynix ILS
system (i.e., holds, delinquencies, fines, and loan information) onto the System. Histories (closed
transactions)will migrate.
Acquisitions Data Load: Histories (closed transactions)will not migrate.
Serials Data Load: Dynix ILS serials records for issue receipts, holding, claims, routing, and existing
Dynix ILS serial copy records will be converted into Horizon format and loaded by Dynix into the Horizon
System. Serials publication pattern information can be converted to the Horizon System.
Other Data: Other data will be loaded as applicable. Specifically, Dynix will convert to the format of the
System and load into the System the following files of machine--readable records to be provided by the
Library. Appendices 1.1-1.3 of the Request for Proposals provide a narrative description of the files listed
below and documents their formats.
(1) (2) (3)
Lists of Reference Estimated
Other Library Files to Appendix 1 Number of Records
(1) Fugitive Facts Appendix 1.1 2.500
(2) obituary Index Appendix 1.2 75,500
(3) Local biography file Appendix 1.3 5,400
(4) Early Fort Worth Newspaper Index Appendix 1.4 15,600
RFP APPENDIX 1.3 Description of Library's LOCAL biography index Database. The Local Biography
Index is an index to local citizens in early-published books about Fort Worth, Tarrant County, and North
Central Texas. It is currently in a Microsoft Excel spreadsheet.
City of Fort Worth-Page S-17
CONFIDENTIAL AND PROPRIETARY
'.'�7 r II J w .Lam•J u..
SCHEDULE 4
PAYMENT SCHEDULE
MILESTONE PERCENTAGE of CONTRACT
Delivery of Client Licensed Software Modules to Library 10%
Successful Completion of Data Test Load and Acceptance of Authority Record
Load and Profile 15%
Delivery of Hardware and Third-Party Software to Library 25%
Successful Completion of Database Production Data Load/Migration 20%
Successful Completion or Waiver of Functional Acceptance Test 15%
Successful Completion or Waiver of Response Time and Reliability Acceptance Tests 15%
100%
All Acceptance Tests will be attempted within ninety (90)days of Successful Completion Database
Load/Migration unless otherwise noted on Schedule 5.
City of Fort Worth-Page S-18
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 5
ACCEPTANCE TESTS
Exhibit A
DATA LOAD TEST
PURPOSE:
The purpose of the Data Load Test is to verify that Library's data files will be properly processed.
TIMING:
The test will be performed after all test records have been loaded and processed and may overlap other
tests.
PERFORMED BY:
Library staff in conjunction with Dynix staff.
TEST METHODOLOGY:
(1) Library and Dynix will jointly develop data load specifications (the"Load Specifications")which shall be
set forth in writing by Library. Dynix will assist Library in identifying inaccuracies or deficiencies in the
Load Specifications as revealed by actual loading and will work with Library to revise the Load
Specification as appropriate. Revisions made as the result of inaccuracies in the Load Specifications
may result in delays in record processing and additional charges.
(2) Library shall identify by control number(e.g. Dynix Bib number, ISBN, LCCN, OCLC)and provide on a
mutually agreed upon medium (e.g., FTP, e-mail) for direct input up to twenty thousand (20,000)
each of bibliographic, item, patron, order, and serial checkin records, (the"Test Set")that shall be used
to verify that processing will be done according to specifications. Processing will include extraction of
data from the Dynix records into the Horizon records, translation of Dynix codes to Horizon codes, and
sending test bib records to LT1 in order to test authority control processing. Library is responsible for
selecting an accurate and representative Test Set. The records must include an identifiable match
point(e.g. control number, ISBN, LCCN, OCLC#etc.)
(3) Dynix shall develop and/or modify programs on Library's system to process the data files according to
the Load Specifications. Library will then load the Test Set from tape via all Dynix documentation
described methods. Thereafter, Library will execute all appropriate searching commands as described
by current Dynix documentation.
(4) Following Dynix's delivery of the processed record information for examination, Library shall
promptly review the Test Set and notify Dynix of any discrepancies between the processed data
and the Load Specifications.
(5) Dynix will correct all reported problems as identified in (4) above. Steps 3-4 will be repeated until the
Test Set is properly loaded according to the Load Specifications.
(6) Dynix and Library agree that Dynix shall not be responsible for fixing problems not identified by the
Load Specifications nor for correcting erroneous records supplied to Dynix by Library.
ACCEPTANCE:
The Data Load Test shall be successfully completed when the Test Set has been processed to meet the
Load Specifications. If Dynix receives no notice of load discrepancies within seven (7) working days of
delivering the processed records information for examination, the test shall be deemed successful. Upon
successful completion of the Data Load Test Library shall pay the applicable invoice.
City of Fort Worth-Page S-'19
CONFIDENTIAL AND PROPRIETARY
REMEDY:
Library's exclusive remedy is to have Dynix re-perform the services in accordance with the warranties
section of the Agreement.
City of Fort Worth-Page S-20
CONFIDENTIAL AND PROPRIETARY
F �
SCHEDULES
ACCEPTANCE TESTS
Exhibit B
MODULE FUNCTIONALITY TEST
PURPOSE:
The purpose of the Module Functionality Test is to verify that the functional capabilities of the Licensed
Software purchased have been delivered.
TIMING:
Testing will coincide with the installation of the various modules and shall be completed or waived within
ninety(90)days of Day 1 of production operations with a given module.
PERFORMED BY:
Library staff.
TEST M E'rHODOLOGY:
(1) Library may compare the Software with the applicable user manuals to ensure that the functions exist
and are operational.
(2) Functions which do not operate properly shall be noted and reported in writing to Dynix.
(3) Dynix shall clarify and resolve all reported problems within thirty (30) days of receipt of report. Within
seven (7) days of receipt of notice of resolution from Dynix, Library shall retest the function and confirm
that the function has or has not been resolved.
(4) Dynix and Library agree that not all aspects of the software are reasonably testable in the time frame
given (e.g. "two-year cumulative statistics") and that certain aspects (e.g. "user friendliness"} are
subjective. Untestable features or aspects of the Licensed Software shall not prevent the Module
Functionality Test from being accepted.
ACCEPTANCE:
The Module Functionality Test for a given module will be successfully completed and Library obligated to
pay the applicable invoice when each problem properly reported in the ninety (90) day test period has been
resolved.
In the event that Dynix receives no notice regarding non-functioning items within ninety (90) days of Day 1
of Production Operations, then the Module Functionality Test will be deemed to have been successfully
completed and Library shall pay the appropriate invoice. The foregoing does not relieve Dynix of any
obligation to make operational each function as per the Warranties section of this Agreement. The thirty
(30)day period will only be extended due to reasons of force majeure.
REMEDIES:
Library's exclusive remedies are those set forth in the Warranties section of the Agreement. Should Library
determine that aspects of the Software that are not reasonably testable during the Module Functionality Test
timeframe (see paragraph 4 under Test Methodology above) do not function in accordance with the
applicable user manuals, then the terms and conditions of the Module Functionality Test may be invoked.
The Library's remedies shall be those set forth in the Warranties section of the Agreement with the
monetary cap being $100 per breach.
City of Fort Worth-Page S-21
CONFIDENTIAL AND PROPRIETARY
C
SCHEDULE 5
ACCEPTANCE TESTS
Exhibit C
SYSTEM RELIABILITY TEST
PURPOSE:
The purpose of the System Reliability Test is to demonstrate and verify that the System operates at a 98%
reliability level for an extended period of time.
TIMING:
This test will begin upon completion of installation of the Database Server and Information Portal and Test
Database servers, and after training of the first Licensed Software module.
PERFORMED BY:
Library staff.
TEST METHODOLOGY:
(1) The System is defined as all Hardware and Software installed and maintained by Dynix to date.
(2) Within a total test period of ninety (90) days, a successful performance period of thirty (30) days must
be completed. The total test period and the successful performance period are calendar days,
excluding holidays.
(3) This test may be overlapped with other testing procedures.
(4) The System must be available for ninety-eight percent(98%)of Library's normal business hours.
(5) Library may stop and restart the test, and the time during which the test has been stopped at Library's
option shall not count as downtime nor as part of the performance or test period. In no event shall such
interruption(s)of the test extend beyond a total of five(5)days per test.
(6) Library and Dynix will each maintain an operations log. Each downtime occurrence, as defined below,
shall be measured, calculated, and logged separately into the operations log.
(7) Downtime is defined as the amount of time between the moment Dynix is notified of the occurrence
and the moment that the outage is successfully resolved during both Library's Normal Business Hours
and the hours Library is covered by a Dynix Maintenance Agreement.
Not to be counted as downtime:
-holidays
-other times when Library is officially closed
-times when Library has not contracted for maintenance coverage
-all scheduled preventative maintenance downtime
-downtime due to power failures
-downtime due to improper environmental conditions
-downtime due to Library's staff(operator)error
-outages which do not affect Library operations or System performance
-outages for which on site spares are available
-outages caused by items not provided by Dynix
(8) All downtime shall be measured by rounding to the nearest increment of 6 minutes. At the conclusion
of each downtime period, the downtime value resulting from each occurrence will be computed to
arrive at the total amount of downtime. Under no circumstances shall a downtime coefficient value of
more than 1.0 be used in calculating the minutes of downtime.
(A) The formula for calculating each occurrence of downtime is as follows:
(d)=downtime coefficient value
City of Fort Worth-Page S-22
CONFIDENTIAL AND PROPRIETARY
(m)= number of minutes of downtime
(t)=total downtime[for that occurrence]
FORMULA(t)=(d)x(m)
(B) The downtime coefficient value shall be assigned according to the following table:
Hardware Ma for Outage:
1.00-- Central processing unit
1.00-- Disk drive(s)controller
1.00-- Main memory
Hardware Minor Out teach device)
0.05-- Workstations
0.05— Barcode readers
0.25— Tape drive
0.10— Portable optical readers/terminals
0.10— Modems
0.05— Any other vendor supplied Equipment currently under maintenance with Dynix.
Software Ma'o� r outage:
1.00-- Checkout
1.00— Checkin
1.00— Bibliographic file update
1.00— Patron file update
1.00— Item file update
1.00— Information Portal title inquiry
Software Minor Outa e: (per function)
0.50-- Hold
0.50— Fine payment
0.50— Patron name inquiry
0.50— Authority file update
0.50— Receiving items in Acquisitions or Serials
0.50— Cataloging items in Media Scheduling
0.50-- ordering items
0.50— Adding reserve items
0.25— Updating funds
0.25-- Claiming
Any software functions not specifically identified above will not be included in the downtime
calculation until they remain uncorrected for a period of 15 scheduled business hours. At that time,
they will automatically carry a coefficient value of 0.10.
Only those items of the System covered by maintenance shall be considered in downtime
calculations.
(9) In the event that at any time during the test the cumulative downtime exceeds the allowable two percent
(2%) for the entire test, the test shall automatically restart at the point the problem has been solved.
Library shall notify Dynix in writing within seven (7) days of the date the System Reliability Test is
restarted. Notification shall include a copy of the log.
ACCEPTANCE:
The System Reliability Test shall be successfully completed when the System has run thirty (30) days with
ninety-eight percent(98%) or greater uptime. If no notice of downtime is received by Dynix within thirty (30)
days of Day 1 of Production Operations or the restart of the test, the test shall be deemed successful.
City of Fort Worth-Page S-23
CONFIDENTIAL.AND PROPRIETARY
REMEDIES;
In the event that Dynix is unable to successfully complete the test within the total test period, Library's
exclusive remedy is for Dynix, at Dynix's sole option, to replace any of the components under Dynix warranty
or maintenance which have caused the test to fail. Any and all costs associated with said replacements shall
be borne by Dynix. The test shall not be restarted until said replacements have been made; or
This remedy shall be Library's exclusive remedy in the event Dynix is unable to pass the System Reliability
Test within the total test period.
City of Fort Worth-Page S-24
CONFIDENTIAL AND PROPRIETARY
J
J � y.L•.1 r• . i
SCHEDULE 5
ACCEPTANCE TESTS
Exhibit D
RESPONSE-TIME ACCEPTANCE TEST
Performance of a Response-Time Acceptance Test following Day 1 of Production operations shall be
according to the provisions of Section 10.A.4 of this Agreement, for a 30-minute response--time test.
Library must attempt or waive such Response-Time Acceptance Test of an Installation within thirty (30)
days of such Installation provided:
(1) That the conversion and loading of Library's data as described in Schedule 3 has been successfully
completed; and
(Z) That the System Reliability Acceptance Test has been successfully completed or waived; and
(3) That the Module Functionality Test has been successfully completed or waived.
The purpose of the Response-Time Test is to verify that the System is performing at the warranted
performance levels. Library will conduct or waive the Response-Time Test as an acceptance test, after
the acceptance tests described above have been successfully completed. Should the System
demonstrate acceptable levels of performance through daily operations, Library may choose to waive the
acceptance test. Waiving the test at such time will not waive Library's right to conduct such tests in the
future and require full warranty performance by Dynix in the event of test failure.
The delivered System, incorporating Hardware and Software and Third Party Software, will provide
transaction response times at user Workstations meeting the recommended specifications provided by
Dynix, at the rates described in the Library's Request for Clarifications.
A"transaction" is defined as a complete unit of work achieved by an individual using an online workstation in
interactive mode. Such unit of work will consist of one (1) or more inputs by the individual, and a responding
output by the System for each input. Each input will consist of one (1) or more characters of information
resulting from a keystroke or operation of an input device. Each response by the System will consist of one
(1) or more characters of information transmitted to the workstation at which the individual made the
corresponding input. Transactions with multiple steps shall include timings for each step. Each search shall
consist of the following steps: (1) select search option, (2) enter request, (3) review Summary screen (if any),
(4) review full bibliographic display, and (5) review holdings/status displays. Boolean keyword searches shall
exclude the top five percent most frequently occurring words in the file. The average response time is
computed by summing the response times for all steps for a given type of transaction and dividing the total by
the number of timings.
A given transaction is completed once the individual at the workstation has received the last character of
response from the System (other than a "transaction in process" response) at the point where no more
inputs or outputs are required to complete a unit of work.
Dynix will not be held responsible for the response times of networks, middle tier servers, or workstations.
City of Fort Worth-Page S-25
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 6
END USER LICENSE AGREEMENT
Dynix is required by the following third party vendors to have Library agree to the terms and
conditions for End User License Agreements as described below:
Sybase EULA
Dynix agrees to license certain software(the"Sybase software") provided by Sybase, Inc. or Sybase Canada
Limited (as applicable) to Library for the internal use of Library. Library agrees to be bound by the following
terms of the sublicense herein granted:
1. Library is only granted a non-exclusive, non-transferable right to use the Sybase software for its own
internal purposes and is prohibited from using Sybase for application development purposes or
otherwise outside the scope intended by the Purchase Agreement.
2. Library's usage of the Sybase software shall be restricted to a single server. Library is prohibited from
(i) sublicensing, timesharing, rental, facility management, or service bureau usage of the Sybase
software; and (ii) permitting third parties from remotely accessing and using the Sybase software over
the Internet. "Service bureau" shall mean an arrangement pursuant to which (i) third parties are
permitted to access and use the Sybase software directly or indirectly by any means to process their
own data; or(ii) Library uses the Sybase software to process the data of any third party.
3. Sybase, Inc. or Sybase Canada Limited (as applicable) retains title to the Sybase software, and all
copies thereof, and associated intellectual property rights therein. Library may not copy the Sybase
software, except for inactive backup and archival purposes only, and must include on all copies of the
Sybase software all copyright, government restricted rights and other proprietary notices or legends
included on the Sybase software when it was shipped to Library.
4. Dynix's and Sybase's maximum liability for damages under this sublicense(regardless of form of action,
whether in contract or tort)shall not exceed the amount paid by Library to Dynix for the Sybase software
or any services to which the claim relates. IN NO EVENT SHALL DYNIx OR SYBASE BE LIABLE TO
LIBRARY OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT, FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING WITHOUT
LIMITA7rION LOSS OF PROFITS, REVENUE OR DATA), THAT MAY ARISE FROM THE USE,
OPERATION OR MODIFICATION OF THE SYBASE SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
5. Only object code versions of the Sybase software are licensed to Library and reverse engineering,
disassembly or decompilation to derive source code is prohibited (except to the extent expressly
allowed under applicable law).
6. Library shall comply with all export and re-export restrictions and regulations ("Export Restrictions")
imposed by the government of the United States. If Library is a U.S. governmental entity, use,
duplications or disclosure of the Sybase software and documentation shall be subject to terms and
conditions consistent with this sublicense and any applicable FAR provisions, e.g., FAR 52.227-19.
7. Although copyrighted, the Sybase software is unpublished and contains proprietary and confidential
information of Sybase. Library agrees to maintain the Sybase software in confidence and shall protect
the Sybase software with at least the same degree of care with which it protects its own similar
confidential information and to the extent allowed by law.
8. Upon termination of this sublicense, Library shall destroy or return to Dynix all copies of the Sybase
software.
9. Dynix shall have the right to conduct and/or direct an independent accounting firm to conduct, during
normal business hours, an audit of the appropriate records of Library to verify the number of copies of
the Sybase software in use and the computer systems and the number of seats or concurrent users
licensed for or using the Sybase software.
City of Fort Worth-Page S-26
CONFIDENTIAL AND PROPRIETARY
10. Dynix hereby passes through to Library the following manufacturer's warranty: The then-current,
unmodified version of the Sybase software provided by Dynix to Library will operate in all material
respects in conformity to Sybase's published technical manuals relating to the end use of the Sybase
software for a period of one (1) year from the date of shipment of the Sybase software to Library
(except for SOL Anywhere or Adaptive Server Anywhere, which is ninety (90) days from the date of
shipment to Library). No representation is made that the Sybase software is error--free or will satisfy
all of Library's requirements. If the Sybase software does not perform as warranted, Library's sole
remedy, at Dynix's option, will be replacement of the non-conforming Sybase software or a refund of
the license fee paid by Library for such non-conforming software. THIS WARRANTY IS IN LIEU OF
ALL OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMIT-FED UNDER APPLICABLE
LAW, ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER
EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING
OUT OF THIS AGREEMENT OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE.
City of Fort worth-Page S-27
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 7
SYSTEM CAPACITY AND GROWTH PATH WARRANTIES
The following requirements are for Horizon 7.4 and 8.0.
MINIMUM SPECIFICATIONS RECOMMENDED SPECIFICATIONS
Staff Workstation Staff Workstation
Pentium Ili Pentium IV or greater
250 MB RAM 512 MB RAM
1.0 GB Free Disk Space Required 1.0 GB Free Disk Space Required
Network Interface Card Network Interface Card
TCP/IP Connectivity TCPII P Connectivity
Windows 2000, NT v4.0 or XP Professional XP Professional
Color SVGA Monitor Color SVGA Monitor
2x CD-ROM 20148X CD-ROM
Mouse or track ball Mouse or track ball
PAC Client Workstation PAC Client Workstation
Pentium III Pentium IV or greater
128 MB RAM 255 MB RAM
100 MB Free Disk Space Required 100 MB Free Disk Space Required
Network Interface Card Network Interface Card
TCP/IP Connectivity TCP/IP Connectivity
Windows 98 or higher XP Professional
Color SVGA Monitor Color SVGA Monitor
2x CD-ROM 20/48X CD-ROM
Mouse or track ball Mouse or track ball
HORIZON DATABASE SERVER MAXIMUM CONFIGURATION (HORIZON 7.4 and $.4}
The Library's Current Sun Database Server Configuration will support:
1400 concurrent users with 4 processors and 8GB of RAM
With a Configuration Upgrade it will support:
2000 concurrent users with an additional 2 processors and an additional 4GB of RAM
Next Configuration Upgrade results in the Maximum Configuration:
2500 Concurrent users with an additional two-way processor and an additional 4GB of RAM
Processors must be added in pairs with RAM allocation mounted on CPU board. -rherefore logical
configuration upgrade path is to 4GB RAM to support each level of concurrent users. However, because
of limited Dim slots, the Library may have to remove existing RAM and replace it with higher density RAM.
City of Fort Worth-Page S-28
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 8
LIBRARY'S TAX EXEMPT CERTIFICATES
City of Fort Worth-Page S-29
CONFIDENTIAL AND PROPRIETARY
TEXAS CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of taxable
items described below or on the attached order or invoice.
Description of items (or an attached order or invoice) To Be Purchased:
All Items
I claim this exemption for the following reason:
Dame of exempt organization: Cily of Fort Worth
Texas Sales and Use Tax Permit Dumber I-75-6000528-6
Project for which materials and supplies are purchased:
I understand that 1 will be liable for payment of sales tax, which may become due for
failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases.
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used.
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know, at the time of the purchase, will be used in a manner other
than that expensed in this certificate and, upon conviction, may be fined up to $500 per
offense.
Tax Exempt Status Due to Being a Governmental Entity
Purchaser: Citv of Fort Worth
Street Address: 1000 Throckmorton Street
City, State, zip Code: Fort Worth Texas 76102
Sign Mere: Date: Phone: (817) 392-8517
Ja R Keyes,Director I Finance
This certificate does not require a number to be valid. Sales and use tax "exemption
numbers" or"tax exempt"numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate
to the Comptroller of Public Accounts.
SCHEDULE 9
CLARIFICATIONS
(1) The Library will come up on Horizon Release 7.4.Will migrate to 8.0.
(2) The Library's current Horizon Information Portal server is owned by the Library and is not on Dynix
maintenance. It will not be re-used with the System;a new Horizon information Portal server will be
purchased as shown in Schedule 1.
(3) The Library's current TeleCirc server is owned by the Library and is on Dynix maintenance. It will
be re-used with the System and will remain on maintenance without any additional warranty
period.
(4) Re-use of Database Server
(4.1) The current Database Server, the Sun V880, is currently under Dynix maintenance and
will continue to be used as the Database Server with the System without any additional
warranty period_
(4.2) The Library's existing Database Server will not need to be shipped to Dynix's facilities
for staging. Instead, staging will be performed remotely while the Database Server
continues to be used by the Library for its Dynix ILS system. Dynix will access the
Database Server via a secure network connection upon notice to the Library. Free
space on the Database Server will be partitioned and the Sybase Third Party Software
will be loaded. Dynix will conclude the staging by making sure that the Database
Server's operating system software and Sybase Software are interfacing correctly. The
Database Server will need to be rebooted before the Horizon System can be used in
live operation.
(5) Test and Training System Server The Library's test and training server will be staged in Provo
with a standard training database. This server will be shipped to the Library where it will be used in
conjunction with the Horizon client software that will have been previously shipped and loaded.
(6) Dynix will provide the Library with a copy of the default "out of the box" tables, load profiles,
indexes (including which MARC tags go with them)to refer to during the Load Specifications and
Profiling phases.
(7) The Library's current RPA server is owned by the Library and is not on Dynix maintenance; a new
RPA server will be purchased as shown in Schedule 1
(8) Cutover from current Dynix Classic maintenance contract
In the event the Dynix System is not replaced by the Horizon System by the end of the current
maintenance agreement for the Dynix System that expires on 31 July 2005, Dynix agrees to
extend the maintenance agreement for the Dynix System on a month-by-month basis.
(9) Ability to trap holds on next available copy of a specific volume of multi-volume sets, a.k.a the
Sopranos Solution as described in Dynix's RBFO answer, is planned for Horizon 8.0 in 2005.
(10) Circulation count of multi-part items: Dynix agrees to set up the System so that the circulation of a
multi-part item will be counted as a circulation of all parts.
(11) Dynix will custom-develop a Vietnamese HIP interface in Vietnamese script.
(12) The Spanish language interface will be included with the Information Portal implementation.
City of Fort Worth-Page S-30
CONFIDENTIAL AND PROPRIETARY
F777-7---
03) The Library desires Dynix to use LTI for authority control services.
(14) Circulation and acquisition histories are not transferred from Classic to Horizon.
(15) content alert service to patrons, of new acquisitions, will be available in Horizon Information Portal
4.0. which Dynix anticipates will be in general release by Day 1 of Production Operations.
(15) Dynix agrees to set up the System call Number 1STAT Range so that circulation statistics can be
reported by Library, by Call Number, as specified in RFP Appendix 10: Day one Reports. Should
the Library not want to use the ISTAT field for this function, the Library will wait for the capability to
be delivered with Horizon 8.0
(17) Dynix agrees to provide to the Library, for review by the city of Fort Worth IT Solutions, Dynix
Implementation documentation that describes Dynix project implementation and project
management methodologies, including a description of Project Management Tools (e.g., Microsoft
Excel)
(18) The Library desires to integrate existing EnvisionWare LPT1/PC Reservation systems at Keller
and Watauga, and existing Pharohs Reservation/Print management systems at Haltom City and
Richland Hills into the new Horizon System during the implementation period.
(19) Dynix agrees that the barcode laser scanners used by the FWPL and MetrOPAC libraries, listed in
Appendix 3.4 of the RFP and referenced in RFP question 5.5.67, will function properly on the
Horizon system.
(20) Dynix agrees that the System will be delivered with the Day one Reports specified by RFP
Appendix 10, such reports to be provided as Web Reporter reports and/or the Horizon canned
reports. Following are exceptions to the reports in RFP Appendix 10:
Report: Collection Aging by Dewey Classification--entire collection and selected
branches/libraries
Dynix: Planned for Horizon 8.0.
Report; Count, Current Fiscal Year Ilse, and Total Use-to-Date by Collection code
Dynix: Planned for Horizon 8.0. Count, current fiscal year use, and total use to date by
Statistical category and/or by Item type will be available by Day 1 of Production Operations.
Report: ownership Snapshot Report System
Dynix: Summary Data not avail for historical comparisons but the system can report on what
you own right now. This report can be run at intervals, saved to Excel or some other tool, and
then the comparison can be done manually. The ability to run comparisons automatically is
planned for a future release.
Report: ownership Snapshot Report by Dewey classification, total for all branches/libraries.
ALSO need for individual branches/libraries
Dynix: Summary Data not avail for historical comparisons but the system can report on what
you own right now. This report can be run at intervals, saved to Excel or some other tool, and
then the comparison can be done manually. The ability to run comparisons automatically is
planned for a future release.
Report: Hourly Port Activity Report
Dynix: Data not available in Horizon. However, patron activity reports are available in
Information Portal.
(21) The Library may authorize vendors to access and interoperate with the System: e.g., Brodart.
City of Fort Worth-Page S-31
CONFIDENTIAL AND PROPRIETARY
(22) orders from MetrOPAC libraries will be handled by Fort Worth Public Library. Dynix will not accept
orders directly from any of the MetrCPAC libraries.
(23) The Horizon Information Portal includes the capability to work with the Third Party Software
product called WebFeat that provides the federated searching capability and requires a Translator
for each database that is to be searched.
(24) Additional Staff Licenses can be purchased at$400 each.
(25) There will no cost to add an additional new library or agency to the System.
(26) Dynix will provide a report to the Library naming each serial Title/Bib Humber with an abnormal
publication pattern that is not migrated during the Serials Data Migration, MARC Serial Dataload.
(27) Dynix will provide training materials and documentation two weeks prior to training sessions.
(28) The additional 9 training days purchased by the library are to be scheduled by the library to use
at a future time. Time and training subject to be determined by the library and coordinated with
Dynix.
(29) Dynix will allow up to ten staff in training sessions.
(30) The Library's UPS will be used with System's servers
(31) The specifications for PCs for use for EnvisionWare are as follows:
Software
Operating Systems for LPT:One V2.0+
Windows 98
Windows NT 4.0 spy+
Windows 2000
Windows XP Professional or Server(LPT:One Ver. 3.1+)
Macintosh Modules
Foreign Platform Agent: Windows NT/2000/XP Professional
Client Module: Mac OS X, OS9/8.6
0i)eratina S stems for PC Reservation V1.0+
Windows 98
Windows NT 4.0 spy+
Windows 2000
Windows XP Professional
Hardware
LPT:One V2.0+
Client Hardware: Pentium 233
RAM: X11198: 64M NT: 64M 2K/XPPro: 128M
2MB HD CD-ROM TCP/IP
Locally installed driver for printer which can be local or network-attached.
Release Hardware: Pentium 266
RAM: Win98: 128M [Minimum requirement]
NT/2K/XPPro: 256M [Recommended OS with 256M]
2-4GB HD CD-ROM TCP/IP
Locally installed driver for printer which can be local or network-attached.
City of Fort Worth-Page S-32
CONFIDENTIAL AND PROPRIETARY
PC Reservation V1.0+
Client Hardware and Reservation PC: Pentium 233
RAM: W98: 54M NT12 KIXPPro: 128M
2MB HD CD-ROM TCP/IP
Management Hardware: Pentium 266
RAM: Win98: 128M [Minimum requirement]
NTI2KIXPPro: 256M [Recommended GS with 258M]
2-4GB HD CD-ROM TCPII P
CRY of Fort Worth-Page S-33
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 10
MAINTENANCE AND SUPPORT AGREEMENT
This Maintenance and Support Agreement is included in and is part of the Purchase and License
Agreement made and entered into by and between Dynix Corporation ("DynV')and the City of Fort Worth for
and on behatf of the Fort Worth Public Library("Library").
1. DEFINITIONS
Emergency Support: Support offered when no client workstation can connect to the database
server; the System cannot check-in or check-out; transaction processing has failed; or the System
fails to allow searching of the local bibliographic database.
Licensed Software (or Software): Each Dynix-developed or Dynix-owned software product, which
may include third-party technology, licensed to Library, including machine-readable object code (not
source code) for such product, any user documentation for such product, and any other related
materials which are furnished to Library by Dynix for use in connection with such product, as well as
any subsequent releases and error corrections for Software previously licensed to Library.
OS (or operating System): Software installed on Servers that controls the execution of computer
programs.
Peripherals. Hardware other than a Server.
Server A computer that processes database queries or provides other services for client
workstations.
System. The total complement of Servers, Licensed Software, Third Party Software, and Peripherals
covered by maintenance with Dynix.
Third Party Software: Software owned by an entity other than Dynix which is re-licensed or
sublicensed by Dynix to Library.
2. TERM
The term shall begin when Library begins live operation of the Licensed Software and shall continue
for a period of five years. After 5 years, unless 60 days' prior notice of intent not to renew is given by
either party, Library, by paying the then current maintenance fees, may automatically renew this
Maintenance Agreement for additional one--year terms. Sixty days prior to the anniversary date,
Dynix shall provide Library with written notice of any rate increases for the following year and which
items, if any, have reached end-of-life status and cannot receive continued support and maintenance;
such rate increases shall be no greater than 5% or the Consumer Price Index,whichever is less.
3. SUPPORT
Dynix will maintain an organization and process to provide support for the System as follows. The
method of resolving problems shall be determined at Dynix's sole discretion.
A. TELEPHONE SUPPORT
Dynix will provide telephone support as follows:
1. Standard Support. 8:00 a.m. to 8:00 p.m. ET, Monday through Friday, with standard
support being made available outside these hours at Dynix's then-current hourly rate.
Standard coverage is not available on the following holidays: New Year's Day, Labor Day,
and Christmas Day. Holidays falling on Saturday will be observed on the preceding Friday;
holidays falling on Sunday will be observed on the following Monday.
2. Emergency Support. 24x7; onsite service dependent on level of service acquired from
Server or other third party vendor.
B. LOG EXPRESS
Dynix will provide an Internet based support system for logging support issues which generally
shall be available seven (7) days a week, twenty-four(24) hours a day.
City of Fart Worth-Page S-34
CONFIDENTIAL AND PROPRIETARY
C. S YS TEM A CCESS
For diagnosis of problems, Dynix technical personnel shall be able to access the System
directly via a dedicated data-grade phone line or via direct I P address. Library shall be
responsible for maintaining: (1) an auto-answer approved modem attached to a port for the exclusive
use of Dynix together with an "outside" data grade phone line for the modem to be used in dial-up
diagnostics and maintenance;(2)direct IP access including access through any security measures;and
(3) a PC Anywhere connection. Dynix alone shall decide whether access to the System is
sufficient for support.
D. LICENSED SOFTWARE SUPPORT
1. Licensed Software support shall include diagnosis and resolution of problems or
performance deficiencies of the Software.
2. Except under circumstances described by Section 20 of the Purchase Agreement, Should Library
be more than one major release back from the current release of the Software, there may be an
additional premium charged above Library's then-current annual support fee and Library may
experience delays in receiving support Except for circumstances described by Section 20 of the
Purchase Agreement, if Library is more than one major release back from the current release and
does not agree to upgrade to the current Software release, then Dynix shall have no further
obligation to provide the services described in this Maintenance Agreement and may terminate
this Maintenance Agreement without liability. A major release is labeled as X.x, e.g., 7.3; 7.31 is
classified as an interim release.
3. Dynix can provide support outside its standard support hours for the installation of patches,
updates, and releases. Such support shall be billed at Dynix's then-current hourly rate.
F THIRD PARTY SOFTWARE AND OS SUPPORT
1. In order to receive support for Third Party Software and OS, Library must use the version of the
Third Party Software/OS that Dynix indicates is to be used with the Licensed Software or Servers
and must be in compliance with any third party licenses.
2. Dynix will diagnose problems with the Third Party Software and OS as they relate to
operation of the Licensed Software and work with the third party vendors to resolve the
problems.
3. Dynix will adjust Third Party Software and OS parameters to ensure that they function with
the Licensed Software and Servers.
4. Third Party Software and OS support does not include the installation of patches or
upgrades by Dynix unless required for continued System operation. Patches and upgrades
not required for continued System operation may be made available at Dynix's sole
discretion on a time and materials basis.
5. Dynix will provide technical assistance with standard OS tasks relating to running of the
System and will adjust OS parameters to ensure that the Licensed Software and Servers
function together.
F. SERVER SUPPORT
1. Server support shall consist of the diagnosis of Server problems. Following diagnosis, Dynix
shall contact the Server maintenance vendor and onsite Server support shall be performed in
accordance with the Server maintenance plan purchased by Library.
2. In order to receive Server maintenance coverage, Library must provide an uninterruptible power
supply("UPS")for each Server.
3. In order to receive support for the OS, Library must use the version of the OS indicated by Dynix
and must be in compliance with the CS licensing terms.
4. Dynix will provide technical assistance with standard OS tasks relating to running of the
System.
5. Server support includes the installation of OS patches and upgrades required for continued
System operation. Installation of OS patches or upgrades not required for continued
System operation may be made available at Dynix's sole discretion on a time and
materials basis.
City of Fort Worth-Page S-35
CONFIDENTIAL AND PROPRIETARY
y 1[/J•fir• tY7 f_• ` 1 J.'3.J 4,
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G. PERIPHERAL SUPPORT
I. Support for any Peripheral may not be renewed beyond three years following its date of purchase
unless agreed to in writing and signed by the parties.
2. If a Peripheral malfunctions, a"Return Materials Authorization Number' (RMA#)will be provided to
Library and Library will be required to package and ship the Peripheral at Library s expense to the
Dynix designated repair center. Upon repair the item will be returned to Library freight prepaid.
Dynix shall provide labor and parts(excepting consumable supplies and expendable items). Dynix
reserves the right at its sole discretion and without prior notice to Library, to replace defective
Peripheral rather than repair it If replacement occurs prior to Library s shipping the defective piece
in for repair, Library shall remain liable for shipping the defective piece to a destination designated by
Dynix at Library's expense.
4. MAINTENANCE
A. LICENSED SOFTWARE MAINTENANCE
During the term of this Maintenance and Support Agreement, Dynix will provide Library with
copyrighted patches, updates, and releases of the Licensed Software if and when released,
along with appropriate documentation for successful installation and implementation thereof.
These maintenance materials, including the Software, may not be used to increase the licensed
number of versions or copies of the Software. All patches, updates, release and new versions
shall be subject to the license agreement relating to the Software.
B. THIRD PARTY PRODUCT MAINTENANCE
Upgrades to Third Party Software, including OS, and maintenance of the Servers and
Peripherals are subject to the terms and conditions relating thereto in any applicable agreement
between Dynix and the third party maintenance vendor.
C. SERVER UPGRADES
Library shall be responsible for the purchase of any Server upgrades which may be required
due to installation of patches, updates, and releases of the Licensed Software or Third Party
Software. Library shall have no obligation to purchase Server upgrades in order to install
patches, updates, and releases of the Licensed Software as described in Section 20 of the
Purchase Agreement.
5. CONDITIONS of DYNiX'S OBLIGATIONS
A. All maintenance services rendered by Dynix hereunder shall be limited to the items listed on
Dynix's maintenance audit document for Library (which shall be provided to Library prior to the
start of each annual term) and shall be contingent upon Library's proper use of the System.
Time spent by Dynix resolving or attempting to resolve problems subsequently determined to be caused
by products not covered by this Maintenance Agreement shall be billed to Library at Dynix's then--current
rates. Dynix shall have no obligation to provide assistance in correcting errors or problems
arising in connection with any modifications or alterations to any System component which
have been made by or on behalf of Library without Dynix's express written consent, or for
System components which were abused or used contrary to the manufacturer's specifications,
or for any destruction, alteration or suspension of System operation due to natural disasters,
communication line failure, failure by Library to perform weekly System backups, or actions or
decrees of governmental bodies.
B. All maintenance services provided hereunder are remedial only; no preventative maintenance
services are offered.
C. Dynix hereby accepts full responsibility for the obligations outlined by this Maintenance
Agreement. Library agrees that Dynix may subcontract some or all of the performance of its
duties provided for herein. Nothing in this paragraph shall be interpreted as authorizing the
assignment of this Maintenance Agreement by Dynix.
City of Fort Worth-Page S-36
CONFIDENTIAL AND PROPRIETARY
6. OBLIGATIONS of LIBRARY
A. Library shall be responsible for maintaining sufficient staff and supplies to handle normal
day-to-day operation and support for the System, including, but not limited to, such tasks as
back-ups and report handling. it is acknowledged and understood that the maintenance and
support service to be provided by Dynix 'hereunder is not intended to supplant Library's
day-to-day operation and support for the System.
B. Library shall provide Dynix full and free access to each item covered by maintenance to allow
Dynix to provide maintenance service thereon as well as a suitable place in which to perform
such service. A designated representative of Library shall be in Library's premises whenever
Dynix personnel are present.
C. Library shall provide suitable environmental conditions for each System component in
accordance with manufacturer's published specifications.
D. Library shall not perform, nor attempt to perform, or cause to be performed, maintenance or
repair to the System or any part thereof covered hereunder during the term of this Maintenance
Agreement except with the prior written or oral approval of Dynix.
E Library is solely responsible for verifying the success of all System and data backups. Dynix
disclaims all liability for data loss including, but not limited to, data loss resulting from backups
that were not verified by Library.
F. The movement of Servers without proper authorization from Dynix may void Library's
maintenance on those items. Library shall be solely responsible for any damages to System
components incurred by Library's movement thereof.
G. Library will be allowed one Library contact person and two designated Library contact backups.
Said contacts shall be the only Library personnel contacting Dynix regarding maintenance
issues.
H. The security of the System is Library's sole responsibility. Nothing in this Maintenance
Agreement shall be construed as making Dynix responsible for System security or liable for
any damages resulting from security breaches.
8. WARRANTY
A. WA RRA N TIES
The performance warranties contained in the Purchase Agreement are hereby extended and
continued in full force by this Maintenance Agreement, and shall remain in full force and effect
so long as Library has a valid Maintenance Agreement with Dynix in effect and is using Dynix's
recommended hardware specifications for the Software release being used by Library.
B. WARRANTIES
Dynix warrants that the services contemplated under this Agreement will be performed in a
workmanlike manner consistent with industry standards reasonably applicable to the
performance of such services.
C. EXCLUSIVE REMEDY
If Library believes there has been a breach of a warranty in Section 7A and so notifies Dynix,
then Dynix will promptly investigate the matter to determine the nature of the suspected error. If
there has been a breach of this warranty, then Dynix's sole obligation and Library's exclusive
remedy will be for Dynix to re-perform the services. If Dynix is unable, after repeated efforts, to
correct a breach of Section 7A, Library will be entitled to an equitable adjustment in the monies
owing under this Agreement, up to the total amount of payments for services received over the
prior twelve month period, to reflect any reduction in the value of the services as a result of the
uncorrected error.
D. NO BREACH OF WARRANTY
Dynix is not responsible for any claimed breach of any warranty caused by: (i) modification(s)
made to the System by anyone other than Dynix; or (ii) the combination, operation or use of the
System components with any items not supplied by Dynix to Library; or(iii) Library's failure to use
City of Fort Worth-Page S-37
CONFIDENTIAL AND PROPRIETARY
any new or corrected versions of the System components made available by Dynix; or(iv) Dynix's
adherence to Library's specifications or instructions.
E NO ADDITIONAL WARRANTIES
THE WARRANTY SET FORTH IN SECTION 7A OF THIS AGREEMENT IS IN LIEU OF, AND
THIS AGREEMENT EXPRESSLY EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION, (i) ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON.
INFRINGEMENT, AND (ii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM
STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
NO ADVICE, STATEMENT OR INFORMATION GIVEN BY DYNIX, ITS AFFILIATES,
CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY.
F. THIRD PARTY WARRANTIES
Third party products may come with a manufacturer's warranty. Such warranties begin on
shipment of the third party products from the manufacturer, whether shipment is to Dynix or to
Library.
8. CHARGES AND PAYMENTS
A. Maintenance charges are based on annual prepayment. Library is solely responsible for payment
of all invoices. Dynix will not provide multiple invoices or bill entities other than Library,
including consortium members or governing boards. Invoices shall be considered past due 45
days after the date of receipt. Past due balances are subject to the lesser of a 1% per month
interest charge (12% per annum) or the highest rate allowed by law.
B. Dynix shall provide free maintenance and support on Licensed Software modules for a period
of one year from commencement of live operation. Sixty to ninety days prior to the expiration
of this one year period, Dynix will send Library an invoice for the next year's maintenance and
support.
C Unless otherwise noted, the prices in this Maintenance Agreement do not include taxes.
Library agrees to pay directly or reimburse Dynix for any taxes arising out of the Maintenance
Agreement or Dynix's performance under this Maintenance Agreement, excluding taxes on
Dynix's net income. if Library is exempt from taxes, photocopies of applicable certificates
demonstrating exemption shall be provided by Library prior to the execution of this Agreement.
D. Should Library desire to renew maintenance coverage on any item previously terminated from
Coverage and should Dynix in its sole discretion decide to renew such maintenance, Library
shall be liable for 100% of the maintenance charges that would have been charged on the item
during the period when maintenance coverage was terminated.
9. TERMINATION
Either party may terminate this Agreement immediately upon written notice if the other party
commits a non-remediable material breach of this Agreement or if the other party fails to cure any
remediable material breach or provide a written plan of cure acceptable to the non-breaching party
within 30 days of being notified in writing of such breach. Neither party will be liable for any
damages arising out of the termination of this Agreement, provided that such termination will not
affect any right to recover damages sustained by reason of material breach or any payments which
may be owed under the Agreement at the time of termination.
10. DISPUTE RESOLUTION
The parties will use reasonable efforts to resolve any dispute arising out of the Agreement through a
meeting of appropriate managers from each party. If the parties are unable to resolve the dispute,
either party may escalate it to its executives. If an executive level meeting fails to resolve the dispute
within thirty(30) days after escalation, either party may seek any available legal relief. This provision
will not affect either party's right to seek injunctive or other provisional relief at any time.
City of Fort Worth-Page S-38
CONFIDENTIAL AND PROPRIETARY
CHANGES To AGREEMENT TERMS
In order to maintain flexibility in its services, Dynix may change the terms of service described by this
Agreement by giving Library three months' notice, except for increases in costs for services provided
under this Agreement. Such changes shall not be retroactive and shall apply as of the effective date
specified in the notice. Otherwise, no modification to this Agreement will be binding, unless in
writing and signed by an authorized representative of each party.
City of Fort Worth-Page S-39
CONFIDENTIAL AND PROPRIETARY
SCHEDULE 11
LIMITED ACCESS AGREEMENT
This LIMITED ACCESS AGREEMENT ("Agreement") is made and entered Into by and between
the CITY of FORT WORTH ("city"), a home rule municipal corporation organized under the laws of the
State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and [Name of
Vendor], hereinafter("'Contractor"), a[state]corporation.
The following statements are true and correct and form the basis of this Agreement:
WHEREAS:
A. The City owns and operates a file server computer system and network (collectively the
"Network"). Contractor wishes to have access to the City's network.
B. Contractor wishes to perform activities as defined in [insert duties of contractor or reference
statement of work]and as provided for in City Secretary Contract[Title of Contract and name of
Vendor]No. [enter number], together with any amendments, appendixes or future statement(s) of
work.
C. in order to perform the necessary duties, Contractor needs access to City's [list specific
databases etc to which vendor will need access; if vendor needs access to email, internet,
intranet, etc, list that as well]
D. The City is willing to grant Contractor access to the Network, subject to the terms and conditions
set forth in this Agreement, and in the City's standard outside connections policy, ("Extranet
Standard") attached as Exhibit"A" and hereby incorporated by reference and made a part of this
Agreement for all purposes herein.
NOW, THEREFORE,the City and Contractor hereby agree as follows:
1, GRANT OF LIMITED ACCESS.
Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of
[insert reason for agreement]. Contractor can only enter the Network via the City's computer system;
therefore, the City will provide Contractor with a password and access number or numbers as
necessary to perform Contractor's duties.
2. NETWORK RESTRIC'T'IONS.
2.1. Contractor may not share any passwords or access number or numbers provided by the
City except with Contractor's officers, agents, servants or employees who work directly with this
project.
2.2. Contractor may not access the Network for any purpose other than those set forth in
Section B of this Agreement.
2.3. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor
Contractor's use of the City's Network in order to ensure Contractor's compliance with this
Agreement.
City of Fort Worth-Page S-40
CONFIDENTIAL AND PROPRIETARY
2.4. A breach by Contractor, its officers, agents, servants or employees, of this Agreement
and any other written instructions or guidelines that the City provides to Contractor pursuant to
this Agreement shall be grounds for the City immediately to deny Contractor access to the
Network and Contractors Data in addition to any other remedies that the City may have under
this Agreement or at law or in equity.
2.50 The City may terminate this Agreement at any time and for any reason.
3. LIABILITY AND INDEMNIFICATION. [Can be negotiated or limited to liability set out in primary
contract]
SUBJECT TO THE LIMITATION OF LIABILITY SET FORT BELOW, CONTRACTOR SHALL
BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON
ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS,,
SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS., SERVANTS AND EMPLOYEES,
SHALL NOT BE LIABLE FOR ANY DAMAGES THAT CONTRACTOR MAY INCUR AS A RESULT OF
THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON
ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENT'S,
SERVANITS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE
CITY.
IN ADDITION, CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,AND ALL
CLAIMS,
DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S)
OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE,
HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, SERVANTS ANDIOR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND
OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S)OR
OMISSION(S)OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
4. AGREEMENT CUMULATIVE.
This Agreement is cumulative of and in addition to any written contracts, agreements,
understandings or acknowledgments with the City signed by Contractor. To the extent that any term or
condition of this Agreement conflicts with any term or condition of City Secretary Contract No. [enter
number], City Secretary Contract No. [enter number]shall control.
5. ENTIRE AGREEMENT.
The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in
any manner except by written instrument signed by an authorized representative of both the City and
Contractor. This Agreement and any other documents incorporated herein by reference constitute the
entire understanding and Agreement between the City and Contractor as to the matters contained herein
regarding Contractor's access to and use of the City's Network. The signature below of an authorized
representative acknowledges that the Contractor has read this Agreement and agrees to be bound by
terms and conditions set forth herein.
City of Fort Worth-Page S-41
CONFIDENTIAL AND PROPRIETARY
_ y77 l J~•.
A ¢
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of
CITY OF FORT WORTH: CONTRACTOR:
By:
Name of Contractor
Assistant City Manager
Date: By:
Authorized Signature
Printed Name:
Title:
ATTEST:
By:
City Secretary
Date:
M&C: none required
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
Date:
City of Fort Worth-Page S-42
CONFIDENTIAL AND PROPRIETARY
EXHIBIT "A"
EXTRANET STANDARD
Overview
The purpose of this standard is to establish the requirements under which third party organizations may
connect to the City of Fort Worth networks for the purpose of transacting City business. The standards
listed are specific activities required by Section 2.2 of the City of Fort Worth Information Security Policy.
Scope
Connections between third parties that require access to non-public City of Fort Worth resources fall
under this standard, regardless of whether a telecommunications circuit(such as frame relay or ISDN)or
Virtual Privacy Network (VPN)technology is used for the connection. Connectivity to third parties such as
the Internet Service Providers (ISPs)that provide Internet access for the City of Fort Worth or to the
Public Switched Telephone Network do not fall under this standard.
Security Review
All new extranet connectivity will go through a security review with the Information Security department(IT
Solutions). The reviews are to ensure that all access matches the business requirements in a best
possible way, and that the principle of least access is followed.
Third Party Connection Agreement
All new connection requests between third parties and the City of Fort Worth require that the third party
and the City of Fort Worth representatives agree to and sign a third party agreement. This agreement
must be signed by the Director of the sponsoring organization as well as a representative from the third
party who is legally empowered to sign on behalf of the third party. The signed document is to be kept on
file with IT Solutions. All documents pertaining to connections into the City of Fort Worth labs are to be
kept on file with IT Solutions.
Business Case
All production extranet connections must be accompanied by a valid business justification, in writing, that
is approved by a project manager in IT Solutions. Lab connections must be approved by IT Solutions.
Typically this function is handled as part of a third party agreement.
The sponsoring organization must designate a person to be the Point of Contact(POC)for the Extranet
connection. The POC acts on behalf of the sponsoring organization, and is responsible for those portions
of this policy and the third party agreement that pertain to it. In the event that the POC changes, IT
Solutions must be informed promptly.
1. Establishina Connectivit
Sponsoring organizations within the City of Fort Worth that wish to establish connectivity to a third party
are to file a new site request with IT Solutions to address security issues inherent in the project. If the
proposed connection is to terminate within a lab at the City of Fort Worth, the sponsoring organization
must engage IT Solutions. The sponsoring organization must provide full and complete information as to
the nature of the proposed access to the extranet group and IT Solutions, as requested.
City of Fort Worth-Page S-43
CONFIDENTIAL AND PROPRIETARY
All connectivity established must be based on the least-access principle, in accordance with the approved
business requirements and the security review. In no case will the City of Fort Worth rely upon the third
party to protect the City of Fort Worth's network or resources.
2. Modi in or Changing Connectivity and Access
All changes in access must be accompanied by a valid business justification, and are subject to security
review. Changes are to be implemented via corporate change management process. The sponsoring
organization is responsible for notifying IT Solutions when there is a material change in their originally
provided information so that security and connectivity evolve accordingly.
3. Terminatina Access
When access is no longer required, the sponsoring organization within the City of Fort Worth must notify
IT Solutions,which will then terminate the access. This may mean a modification of existing permissions
up to terminating the circuit, as appropriate. IT Solutions must conduct an audit of their respective
connections on an annual basis to ensure that all existing connections are still needed, and that the
access provided meets the needs of the connection. Connections that are found to be deprecated, and/or
are no longer being used to conduct the City of Fort Worth business, will be terminated immediately.
Should a security incident or a finding that a circuit has been deprecated and is no longer being used to
conduct the City of Fort Worth business necessitate a modification of existing permissions, or termination
of connectivity, IT Solutions will notify the POC or the sponsoring organization of the change prior to
taking any action.
Definitions
Circuit For the purposes of this policy, circuit refers to the method of network access, whether
it's through traditional ISDN, Frame Relay etc.or via VPN encryption technologies.
Sponsoring organization The city of Fort Worth organization that requested than the third party
have access to the city of Fort Worth network.
Third Party A business that is not a formal or subsidiary part of the City of Fort Worth.
City of Fort Worth-Page S44
CONFIDENTIAL AND PROPRIETARY
City of Fort W texas
Mayor and Council
Com
unication
COUNCIL ACTION: Approved on 12/2112004 - ordinance No. 16248
DATE: Tuesday, December 21, 2004
LOG NAME: 841LS SYSTEM REFERENCE NO.: C-20460
SUBJECT:
Authorize Execution of a Contract with Dynix Corporation for the Purchase of an Integrated Library
System for the Fort Worth Public Library; Authorize Execution of Interlocal Agreements with
the Cities of Benbrook, Burleson, Haltom City, Keller, Richland Hills and Watauga for Library
Automation Services, Accept Donation from the Fort Worth Public Library Foundation and Adopt the
Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with Dynix Corporation for the purchase and ongoing
annual maintenance of an Integrated Library System (ILS) for the Fort Worth Public Library (FWPL);
2. Authorize the City Manager to enter into new Interlocal Agreements with Benbrook, Burleson, Haltom
City, Keller, Richland Hills, and Watauga, Texas for automated library and supporting telecommunications
services;
3. Authorize the transfer of $300,000 from the Library General Fund to the Special Revenue Library
Automation Systems Sharing Fund;
4. Authorize the City [Manager to accept a donation of up to $513,000 from "the Fort Worth Public Library
Foundation (The Foundation) for The Foundation's share of the estimated costs for the ILS;
5. Authorize a non-interest bearing interfund loan from the General Fund to the Special Revenue Library
Automation Systems Sharing Fund in an amount up to $513,000 contingent upon receipt of the funds from
The Foundation; and
8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Revenue Library Automation Systems Sharing Fund by $933,000.00.
DISCUSSION:
The ILS manages major aspects of library operations, including the online catalog, patron accounts, check-
out and check-in procedures, fines and overdue materials, orders and funds for library materials, holdings
information and management statistics. The library's current ILS is over 15 years old. The vendor no
longer makes improvements to the software, and has already stopped providing maintenance support for
some functions.
The estimated cost for the new ILS is $1.2 million for implementation and $140,000 annual system
maintenance. In Informal Report No. 8515 (August 12, 2003), Council was informed that The Fort Worth
Logname: 841LS SYSTEM Pagel of 3
Public Library Foundation agreed to raise up to half of the estimated $1.2 million costs for a new
system. The city will provide the remaining estimated costs with up to $304,400 being transferred from the
Library's Special Revenue Library Automation Systems Sharing Fund. Council approved the final $300,000
as part of the Library's FY 2004/2005 General Fund budget. The remaining $120,000 of this appropriation
is funded from revenues already accepted, but not yet appropriated, in the Special Revenue Library
Automated Systems Sharing Fund.
The Fort Worth Public Library released a Request for Proposal for an Integrated Library System and
Related services on June 17, 2004. Four vendors submitted proposals. The FWPL, The Foundation, IT
Solutions staff, the Library Advisory Board, and the Friends of the Fort Worth Public Library, Inc., conducted
a thorough evaluation of each proposal. Based on the evaluation, the Library recommends accepting the
proposal submitted by Dynix corporation for its integrated library system, known as 'Horizon."
Dynix is one of the oldest and most reliable ILS vendors in the country. The proposed Horizon system is
operating successfully in over 700 libraries worldwide. Dynix is the library's current vendor, and has
provided FWPL with high-quality, reliable service since 1990. The Dynix Horizon system offers the best mix
of features and functions required by the Library for its users, and the company's existing services and
vision for development are best suited to the Library's current and future needs.
The Horizon system offers the best value for the cost. The Dynix proposal was significantly lower than the
other vendors' bids. This turnkey system provides servers, hardware, accessories, proprietary database
software, and peripheral products necessary for the efficient operation of the system. By providing all
hardware and peripherals, Dynix warrants system performance and guarantees that the existing proprietary
system software and subsequent upgrades will operate properly. Additional details about the system and
the selection process were provided in Informal Report 8847 to City Council Members dated December 14,
2004.
After implementation of the system, the Dynix contract establishes an initial 5-year maintenance term, which
may be renewed automatically for additional one-year terms. Annual maintenance charges for the initial 5-
year term are estimated to be $140,000; rate increases associated with the one-year renewals will be no
greater than 5% or the Consumer Price Index, whichever is less. These maintenance payments will cover
the costs of ongoing system support services, remedial and preventive maintenance for equipment and
software, and the routine system updates and enhancements Dynix releases each year.
The Dynix contract will allow the Library to continue providing automated library services for its client
libraries in six Tarrant County cities, referred to as the MetrOPAC. These cities are Benbrook, Burleson,
Haltom City, Keller, Richland Hills, and Watauga. FWPL has previously entered into Interlocal Agreements
to provide library automation.services for these cities. Once the new ILS system is operational, FWPL will
no longer be able to provide automated library services to the other cities. Therefore, the libraries wish to
enter into new agreements for these services to become effective once the new system is in place.
All revenue from buy-in and annual maintenance received from the client libraries will be deposited in
Special Revenue Fund GR03, Account No. 487092, center No. 08484001 0040, Library Automation
Systems Sharing Fund (established by M&C G-7311, November 3, 1987). Funds in this account are
reserved to offset the costs associated with improving and expanding the library's automated
system. Under the terms of the Dynix contract, if any of the client libraries elect not to join in use of the new
system, the total system purchase price will be reduced accordingly.
MANBE - A waiver of the goal for MIWBE subcontracting requirements was requested by the Purchasing
Department and approved by the MIWBE office because the purchase of goods or services is from sources
where subcontracting or supplier opportunities are negligible.
This system will serve ALL COUNCIL DISTRICTS.
Logname: 84ILS SYSTEM Page 2 of 3
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available, as appropriated, in the Special Revenue Fund
Automated Library Systems Sharing. Upon receipt of funds from The Fort Worth Public Library Foundation,
the interim financing will be returned to the General Fund.
TO Fund/AccounVCenters FROM Fund/Account/Centers
GR03 541320 084840010000 $300,000.00 GG01 538070 0841000 $300,000.00
GR03 541320 084840010000 $120,000.00 G G01 136003 0000000 $513,000-00
GR03 472001 08484001 0000 $300,000.00
GR03 541320 084840010000 $513,000.00
GR03 220001 000840010000 $513.000.00
GR03 467092 084840010000 $120,000.00
GR03 467092 084840010000 $513,000.00
Submitted for Citv Mana er's office b Libby Watson (392-6183)
Originatina Department Head: Gleniece Robinson (871-7706)
Additional Information Contact: Deborah Duke (871-7725)
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