1994-066-RES WHEREAS, the City Council of the City of Paris did, in Ordinance 045, passed on September 27, 1993,
RESOLUTION NO. 94-066
WHEREAS, the City Council of the City of Paris did, in Ordinance No. 93-
045, passed on September 27, 1993, authorize the purchase of a computerized system
consisting of hardware and software for the control of circulation, maintenance of
catalog records, and public access to library databases, which bids for said computer
system were opened at 3:00 p.m., May 3, 1994, and two companies were qualified
and were notified and requested to bid; and,
WHEREAS, such bids contained firm prices for hardware, software and
software subscription and maintenance and estimated prices for conversion services
and installation and training, which estimates were based upon estimates of collection
and patron records furnished to bidders; and,
WHEREAS, the best bid for such computer system was made by Gaylord
Brothers, Inc. and it should be awarded the bid for such computer system; and,
WHEREAS, installation of said computer system will begin no earlier than
July 1, 1994, and no later than September 24, 1994; and,
WHEREAS, the form of Agreement for such computer system attached
hereto as Exhibit A should, in all things, be approved, and the City Manager,
Michael E. Malone, should be authorized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the bid by Gaylord Brothers, Inc., for the purchase of hardware and
software in the amount of $76,258.00, an estimated cost of $1,840.00 for conversion
services, an estimated cost of $8,700.00 for installation and training, $1,991.00 for
supplies and shipping, $5,767.50 for software subscription and maintenance, payment
of which begins ninety (90) days from the installation date, and $2,600.00 for
hardware maintenance, payment of which begins one (1) year from the installation
completion date, is hereby accepted conditioned upon said Gaylord Brothers, Inc.
meeting all of the terms and specifications included in the bid document; and,
BE IT FURTHER RESOLVED, that the City Manager of the City of Paris,
Michael E. Malone, be, and he is hereby, authorized and directed to execute on
behalf of the City of Paris the Agreement with Gaylord Brother, Inc. for the
computer system and related items upon the terms and conditions and in the form
shown in Exhibit A attached hereto.
PASSED AND ADOPTED this 13th day of June, 1994.
.-....~".....
ATTEST:
'-vv..~ \\ .~ ~...... "",,,"...u__~:\N\ )
GALAXY@ INTEGRATED LIBRARY SYSTEM
CONTRACT'
June 3, 1994
THIS AGREEMENT, is made between GAYLORD BR06., a division of the Croydon Company,
Inc., a corporation organized under the laws of the State of New York, with its principal place
of business at 7272 Morgan Road, Liverpool, New York, party of the first part (hereinafter
referred to as "Gaylord"), and the library named below, party of the second part (hereinafter
referred to as "the library" or "licensee").
Paris Public Library
326 South Main Street
Paris, Texas 75460
(903) 785-8531
WITNESSETH:
WHEREAS, Gaylord has developed a computerized system (hereinafter referred to as
"GALAXY@") consisting of hardware and software for the control of circulation, maintenance
of catalog records, and public access to library databases, and is currently providing system
services to libraries and the library is desirous of having such services provided at its location;
NOW, THEREFORE the parties mutually agree as follows:
1. Definitions:
1.1. "Hardware" is defined as all equipment and products including, but not limited to, the
(a) computer, disk drives, and interface, (b) CRT monitor(s) and terminals, (c) barwand
scanner(s), decoder(s), and wand(s), (d) printers, (e) wiring and communication devices
and (f) supplies for such equipment.
1.2. "Software" is defined as computer programs, including, but not limited to, (a) the
integrated library systems in the host computer, (b) the cataloging support module in
the cataloging workstation, and (c) the operational programs stored in the host
computer. The Software is listed in Schedule E and includes all corrections,
modifications and enhancements thereof.
1.3. The tenns "Software" and "Software materials" in this agreement shall also mean any
machine readable or printed material not included in the licensed programs and which
is designated by Gaylord as available under license to libraries who have licensed the
program to which those materials relate.
1.4. The tenn "databases" refers to Library of Congress MARC Database and other
06/03/94 Paris Public Library Contract P 1 of 22
eXHIBIT Ii:
4.
06/03/94
2.
3.
infonnation fonnatte{! for use by the license{! programs and pro\'ide{! on machine
readable media by Gaylord.
1.5.
The "Installation date" shall be the day on which Gaylord and the DirectoL Paris
Public Library (following an installation schedule agreed upon by the library) jointly
declare operation of the equipment and use of the software to be satisfactory and
available to the library.
Statistics. Statistics set fonh in Schedule A, Librarv Statistics. include the number of titles,
number and type of tenninals, number of locations, total items issued annually at each
location, and the number of items in the collections at the library locations where the
System is to be used. "Items" are defined as materials circulated by the library (individual
copies of books, records, cassettes, etc.). Since Gaylord relies on these statistics to choose
the type of hardware and to set parameters of the Software, the library agrees that its
statistics as shown are reasonably correct.
Installation Schedule. The library and Gaylord will mutually agree upon a date on which
to commence installation of equipment and software. Upon completion of installation, the
day on which operation of the equipment and use of the software are jointly declared to
be satisfactory and available to the library shall be the installation date, pursaunt to
Paragraph 1.5 above.
Term. This a!!reement is effective on the date first written and for an initial tenn of
- ....
one-year commencing upon the installation date. It shall then be renewed automatically
for one-year periods unless the library notifies Gaylord of its intention not to renew at least
ninety (90) days prior to the expiration of the original or any extended tenn. Gaylord
agrees to notify the library at least ninety (90) days in advance of the effective date of any
chan!!e in fees or services.
....
Gaylord may discontinue any license or tenninate this agreement upon 'V.Titten notice if the
library fails to comply within ten (0) days of receipt of such notice, with any of the terms
and conditions of this agreement. In the event the library becomes insolvent or voluntarily
or involuntarily bankrupt or a receiver, assignee or other liquidating officer is appointed
for all or substantially all of the business of the library, or if the library makes an
assignment for the benefit of creditors, then Gaylord at its option may immediately
terminate this agreement by notice to the library to that effect. In no event shall this
agreement be assigned or assignable by operation of law or by voluntary or involuntary
bankruptcy proceedings or otherwise, and any such assignment or attempted assignment
shall be void and in no event shall this agreement or any rights or privileges hereunder be
an asset of the library under any bankruptcy, insolvency or reorganization proceedings.
Paris Public Library Contract P 2 of 22
5. Return or Destruction of Licensed Software. If this acreement is terminated the use of all
....
program materials licensed hereunder must be discontinued by the library and all program
materials must be returned to Gaylord, or if so requested in writing by Gaylord, destroyed.
Within one (1) month after the date of discontinuance of any license granted hereunder, the
library will furnish to Gaylord if requested, a certification that through the library's best
efforts and to the best of the library's knowledge, the original and all copies of the licensed
software received from Gaylord or made in connection with such license have been
returned or destroyed. This requirement will apply to all copies in any form, including
translations, whether partial or complete, and whether or not modified or merged into other
program materials as authorized herein.
6. Gavlord Fees and Deliverables. Based on the st3tistics in Schedule A, and subject to any
special conditions appended in Schedule J, Additional Considerations, Gaylord will provide
deliverables detailed in the followin!! schedules at the fees indicated:
...
Schedule B: Conversion Processin2
Schedule C: Supplies
Schedule D: Confieuration and Hardware Costs
Schedule E: Software and Dat3base Subscriptions
Schedule F: Installation and Trainin!!
Schedule G: Hardware Maintenance
Schedule H: Software Subscriotion Service and Maintenance
Schedule I: Payment Schedule
The final costs may be adjusted if the actual library statistics vary significantly from the
statistics provided.
7. Payment. Payments for hardware and for software license charges shall be made in
accordance with the terms that are set fonh in Paragraph 2, Schedule 1. Payment for all
other goods and services shall become due upon delivery. In accordance with the terms that
are set forth in Paragraphs 3 and 4, Schedule I, the library will pay monthly maintenance
fees on the fIrst day of each month during the term of this agreement. Fees enumerated in
Schedules B though H are summarized in Schedule 1. Payment in full on all invoices is due
06/03/94
Paris Public Library Contract P 3 of 22
according to the terms of this contract or within 30 days of the invoice date. whichever
date is later.
In the event that payment is not made in full according to the specified terms, a
service charge will be added to the previous balance after deducting all payments and
credits. For any payment considered past due, the library agrees to pay interest at
1.5% per month (effective annual rate of 18%) on the unpaid balance or the highest
rate permitted by law, whichever is less.
If failure to pay according to the terms of this agreement causes this account to be
assigned for collection, or causes legal action to be taken, the library agrees to pay
all costs of collection incurred by Gaylord, including court costs and attorney fees.
Credit terms and limit may be canceled or changed by Gaylord at any time with
thirty (30) days notice. The library authorizes Gaylord to contact credit references,
inquire as to credit information, and receive any confidential information relevant to
approving credit.
If for any reason, including but not limited to delays in site preparation, the library asks
to postpone installation after a date for the commencement of installation has been set,
payments that are due upon installation will become due ten (10) days after the originally
scheduled commencement of installation.
In the event the Installation Date is other than the first day of the month, the amount for
the flrst and last month shall be pro-rated. Fees for conversion keypunching and/or
reformatting as listed in Schedule B shall be payable upon completion of work.
Maintenance charges are subject to change effective upon three (3) months' 'Written notice
to the library. If the charge for any service provided under this agreement is increased by
Gaylord, the library may, with two (2) months' prior written notice, terminate this
agreement upon the effective date of such increase. Otherwise the new charges will
become effective upon the date specified in the notice.
Any other amounts shall be due and payable upon receipt by the library of the materials,
equipment, services, or use of software involved.
8. Site Preparation. It is understood and agreed that the aforesaid fees do not include any site
preparation or installation costs except as described in Schedule F, Installation and
Trainin 2.
06/03/94
Paris Public Library Contract P 4 of 22
9. Annual Classroom Trainin~. The library agrees to exercise best effons in budgeting for
a minimum of four (4) days per annum of classroom training from Gaylord for the term
of this agreement.
10. Licenses. Gaylord and the library agree that the following tenns and conditions will apply
to any library order for Gaylord licensed software programs or databases that are accepted
by Gaylord. Gaylord will (1) furnish such licensed software to the library; (2) furnish
licensed software materials in support of such licensed programs; (3) grant to the library
a perpetual, non-transferable and non-exclusive license to use the licensed software; and
(4) provide software service and maintenance, as described herein.
10.1. The library agrees with respect to the licensed program to accept responsibility for (1)
selection to achieve the library's intended result; (2) use; and (3) the results obtained
therefrom.
10.2. Each license granted under this agreement authorizes the library to:
(a) use the licensed software, in object code fonn only, at the location specified
herein and on the designated number of display units at the location and a number
of remote locations authorized in Schedule A.
(b) utilize the licensed software materials in printed form and the database in
machine readable form in support of the use of the licensed program. Licensed
software materials provided by Gaylord in printed form may not be copied.
Additional copies may be obtained under license by Gaylord at the charges then in
. effect
1003. All licensed programs, including any subsequent updates purchased and any pan
thereof, may be used on only a single CPU or equipment configuration on which the
Software is first installed, and may be copied, in whole or in part only for use on that
CPU or specified equipment configuration.
lOA. The Software may be used on another single CPU only on a temporary basis during
a malfunction of the original CPU which causes the Software to be inoperable.
10.5. No title to or ownership of the Software is transferred to the library, and it remains the
proprietary property of Gaylord.
10.6. The library shall not allow the software or any ponion thereof to be reverse compiled
or disassembled.
06/03/94 Paris Public Library Contract P 5 of 22
10.7. Gaylord may tenninate all proprietary licenses granted hereunder and require return
of the Software if the library fails to comply with these tenns and conditions. Gaylord
shall have the right to enforce these terms and conditions against the library.
10.8. If the licensed program material is to be used at other than the designated location(s),
additional licenses may be required for each additional location. If the library cannot
perfonn its data processing at the designated location because of conditions beyond the
library's control, the affected licenses will be temporarily extended to pennit the
library to use the licensed program material at another location.
10.9. The library must notify Gaylord of the library's intention to change the designation of
the location at which licensed software is to be used. The change of designation will
... ...
be effective upon the date set forth in the notice confIrming the change in designated
location furnished to the library by Gaylord.
10.10. Gaylord will provide databases in machine readable form updated periodically as
indicated by the subscription list in Schedule E. Use of the content of the database is
not restricted, but use of the database as formatted and delivered by Gaylord is subject
to the restrictions stated herein for licensed software.
10.11. Software sub-licensed to the library by Gaylord is governed by the licensing terms and
conditions of the owner of those software products, e.g., Digital Equipment Corp.
11. Tne library shall:
11.1. Provide suitable electric servIce for operation of equipment and a telephone
connection.
11.2. Pay all costs associated with local leased dedicated telephone lines.
11.3. Pay shipping charges for all equipment.
11.4. Designate a key person (or persons) for special training in the use of the equipment.
Should the assignment change, the library shall infonn Gaylord.
11.5. Make no alterations in the equipment without obtaining Gaylord's expressed written
. .
perrmsslon.
11.6. If the library desires spare back-up terminals, the determination of where spare units
are to be located and the transportation from storage location to needing location is the
responsibility of the library.
06/03/94 Paris Public Library Contract P 6 of 22
11. 7. Pay for any repairs or replacements made necessary by the librari s negligent act.
12. Privacy of Data. Gaylord agrees not to use patron details such as names, addresses, etc.,
for any purpose other than providing requested service to the library and agrees not to
transmit library data to any third party, except as requested by the library.
13. Restriction on Modification. The library shall not modify any licensed software in machine
readable form nor merge such software with other software programs.
14. Protection and Security.
14.1. The library will take appropriate action, by instruction, agreement or otherwise, with
any persons permitted access to licensed software so as to enable the library to satisfy
its obligation under this agreement.
14.2. All licensed software materials, including, but not limited to, documentation and user
manuals, contain Gaylord proprietary infonnation, use of which is limited by the
licenses granted in this agreement. The library will not disclose or otherwise make
available any licensed software materials in any form to any third party except to the
library's employees, or to agents directly concerned with licensed use of the program.
15. \Varrantv.
15.1. Gaylord warrants that Gaylord has the right to license the Software listed in Schedule
E, Software and Database SubscriDtions, hereunder. Each licensed program will
perfonn the functions set out in the User Manual in effect when shipped to the library.
Thereafter Gaylord will provide program service and maintenance as described in
Schedule H, Software Subscription Service and Maintenance. Gaylord does not
warrant that the operation of the licensed program will be uninterrupted or error-free
or that all program defects will be corrected.
Gaylord agrees, however, to make its best effor.ts to correct all reproducible material
errors in programming and discrepancies between the User Manual and the actual
software performance. Gaylord funher agrees to make its best effons to correct any
hardware or software problems that result in total system "downtime". In the extent
that Gaylord personnel or Gaylord's designated agents must travel to the library to
correct hardware or software problems, the library shall not be responsible for the cost
of such travel beyond those specified in Schedules G and H.
06/03/94
Paris Public Library Contract P 7 of 22
Gaylord warrants that the 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. Title to the Hardware shall pass from Gaylord to the library upon payment of
the final balance due, as set fonh under Paragraph 2, Schedule I, Pavment Schedule.
Hardware purchased under this Agreement will be newly manufactured.
THE FOREGOING W ARRANTJES ARE IN LIEU OF ALL OTHER W ARRANTJES,
EXPRESSED OR Th1PLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
16. Software SubscriPtion Service and Maintenance
16.1. Telephone support and enhancements for the Software will be provided as part of the
annual Subscription Service fee. Subscription Service is integral to the grant of this
license, and payment of the annual Subscription Service fee entitles the Licensee to
continued use of the Software. Current list prices and their respective Subscription
Service prices are subject to change on an annual basis.
16.2. Subscription Service updates will be made available periodically. Revisions and
enhancements to the Software are provided on magnetic tape or on hard copy,
depending upon volume. The library is responsible for implementing revisions. All
mandatory revisions must be installed to insure proper program performance and
continued support. Failure by the library to install revisions may result in time and
materials billing at current applicable rates.
16.3. Gaylord reserves the right not to release enhancements to the Software during the term
of this agreement. Failure to release enhancements to the Software does not constitute
default on the part of Gaylord because of the continuation of the right to use telephone
support and other support-related services.
16.4. If Gaylord determines that a Subscription Service update requires additional or revised
documentation, one copy of such documentation will be provided to the Licensee. At
the option of Gaylord, this documentation may take the form of new manuals, change
plates to existing manuals, manual addenda, machine readable text, or any combination
of these methods.
16.5. Each type of program service and maintenance specified will be available unless
discontinued by Gaylord upon six (6) months written notice.
06/03/94 Paris Public Library Contract P 8 of 22
16.6. Gaylord shall also have the right to charge for any additional effort which results from
providing services for an altereD licensed program.
17. Patent and COP\Tight.
17.1. Gaylord will defend the library against a claim that licensed software material
furnished and used within the scope of the license granted herein infringe a U.S. patent
or copyright and Gaylord will pay resulting costs, damages and attorney fees finally
awarded, subject to the limitation of liability set fonh below in Article 18 in its
entirety ("Limitation of Remedies") provided that: (a) the library promptly notifies
Gaylord in writing of the claim, and (b) Gaylord has sole control of the defense and
all related settlement negotiations. However, if the costs and damages attributable to
a claim of infringement of a U.S. patent may exceed the limitation of liability, the
library may elect to defend against the claim provided Gaylord may fully participate
in the defense and/or agrees to any settlement of the claim.
17.2. Ii such claim has occurred, or in Gaylord's opinion is likely to occur, the library
agrees to pennit Gaylord at its option at no additional expense to the library either to
procure for the library the right to continue using the licensed software or to replace
or modify the same so that they become non-infringing. If neither of the foregoing
alternatives is reasonably available, the library agrees on one (1) month's written
notice from Gaylord to return or destroy all copies of the licensed program material
received from Gaylord and all copies thereof.
17.3. Gaylord shall have no obligation to defend the library or to pay costs, damages, or
attorney's fees for any claim based upon (1) use of other than a current unaltered
release of the licensed program if such infringement would have been avoided by the
use of a current unaltered release of the licensed program, or (2) the combination,
operation or use of any licensed program or data with non-Gaylord programs or data
if such infringement would have been avoided by the combination, operation or use
of the licensed programs with other programs or data.
17.4. The foregoing states the entire obligation of Gaylord with respect to infringement of
patents or copyrights.
18. Limitation of Remedies.
18.1. Gaylord's entire liability and the library's exclusive remedy shall be as follows: In all
situations involving performance or non-performance of services furnished under this
agreement the library's remedy is (1) the correction of the program or service by
Gaylord, or (2) if after repeated efforts Gaylord is unable to make the program or
06/03/94 Paris Public Library Contract P 9 of 22
18.2.
18.3.
18.4.
18.5.
service operate as warranted, Gaylord's entire liability will be limited to the original
price paid for the software upon return.
For any other claim concerning performance or non-performance by Gaylord pursuant
to or in anyway related to the subject matter of this agreement and any supplement
hereto, the library shall be entitled to recover actual damages to the limits set fonh in
this section.
Gaylord's liability for damages to the library for any cause whether in contract or tort,
including negligence, shall be limited to any charges which would be due for twelve
(12) months' use of the licensed program or service that caused the damage or that is
the subject matter of or directly related to the cause of action.
Such char2es shall be those in effect when the cause of action arose and shall not
'"'
include any initial process or one-time charges paid to Gaylord. This limitation of
liability will not apply to claims for copyright infringement or for personal injury
causro solely by Gaylord's negligence.
In no event will Gaylord be liable for any damage caused by the library's failure to
perform its responsibilities or for any lost profits or other consequential, special, or
indirect damages, even if Gaylord has been advised of the possibility of such damages.
19. Waiver of ri2hts. The waiver or failure of Gaylord to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further right hereunder.
20. Severability. If any provision of this agreement is invalid, illegal or unenforceable under
any applicable statue or rule of law, it is to that extent to be deemed omitted, and the
remaining provisions shall not be affected in any way.
21. Headin2s. The headings of the various Paragraphs and Subparagraphs herein are for
convenience only and shall not control or affect the meaning or construction of any
provisions of this agreement.
22. Risk of use. All risk of use, operation, and control are borne by the library.
23. Govemin'! Law. This agreement shall be subject to all applicable laws of the Federal
Government of the United States of America and to the laws of the State of Texas. The
06/03/94
Paris Public Library Contract P 10 of 22
applicable law for any legal disputes arising out of this agreement shall be the law of the
State of Texas.
24. Saving Clause. All quotations and agreements are contingent upon accidents, fires,
availability of materials, and all other causes beyond the control of either party.
Typographical and stenographic errors are subject to correction. Terms inconsistent with
those stated herein, which might appear on the library's formal order or Request for
Proposal, will not be binding on Gaylord.
25. Assignments. The library agrees that no sublicensing, nor assignment of its rights or
interest, nor delegation of its duties under this Agreement shall be made or become
effective without the prior written consent of Gaylord. Any attempted sublicensing,
assignment or delegation without prior written consent shall be wholly void and ineffective
for all purposes.
26. Taxes not included. The City of Paris is exempt from state and local sales taxes. The tax
exemption number is 1-75-6000535-9. A tax exemption certificate will be furnished upon
request.
27. Whole agreement. This agreement, including appendices and referenced attachments,
constitutes the entire agreement between the parties and supersedes all proposals, presenta-
tions, representations, and communications, whether oral or in writing, between the parties
on this subject. Neither party shall be bound by any warranty, statement, or representation
not contained herein. The signatories acknowledge reading and agree to comply with all
terms and conditions.
28. Amendments. Amendments and modifications to all, or any part, of the agreement and to
the appendices and referenced attachments, may be made, and shall be binding, only if in
writing and signed by duly authorized representatives of both parties.
IN WITNESS WHEREOF the parties have duly executed and delivered this agreement on the
dates set forth below.
ACCEPTED FOR THE LIBRARY
ACCEPTED FOR GAYLORD BROS.
By
Michael E. Malone
By
Title CITY MANAGER
Title
Date June 13, 1994
Date
06/03/94
Paris Public Library Contract P 11 of 22
SCHEDULE A
Library Statistics
1. Estimated Number of patrons
15.000
2. Estimated Number of Items
60.000
3. Estimated Number of Titles
50.000
4. Items Issued Annually
~IK
5. Number of TerminalslDevices On-line 22
(total of categories below)
LibraryIBranch Locations: #1
5.1. Number of Staff use Terminals 11
5.2. Number of PAC only Terminals 10
5.3. Number of Cataloging Workstations 1
6. Names and address of host location:
Paris Public Library
326 South Main Street
Paris, Texas 75460
06/03/94
Paris Public Library Contract P 12 of 22
SCHEDULE B
Conversion Processine
,
1. Data Preparation
Number of MARC Records (estimated): 50,000
Number of Item Records (estimated): 60,000
1.1 Load and index MARC bibliographic records
1.2 Extract holding information; create load and index
item records
1.3 Extract barcode number
Total - Data Preparation (Estimated)
$1,840
*It is noted that the Library have obtained "sman" barcode labels from GAYLORD under
separate cover.
06/03/94
Paris Public Library Contract P 13 of 22
SCHEDULE C
Supplies
1. Supplies
1.1 Ten (10) training manuals SO
1.2 Patron Barcode Labels x 15,000 Si50
CS-8351 @ 50.00 per 1,000
1.3 Overdue Notices x 1,000 S98
@ 98.00 per 1,000
1.4 Tapes for Backup x 4 boxes (5 tapes per box) $824
CS-TZK1X-CF @ 206.00 per box
1.5 Tape Cleaning Cartridge x 2 S66
CS-TZK1X-HA @ 33.00 each
1.6 Receipt Printer Ribbon x 3 $9
CS-8003 @ 3.00 each
1.7 Receipt Printer Paper x 3 S9
CS-8001 @ 3.00 each
Total - Supplies
$1,4 90
06/03/94
Paris Public Library Contract P 14 of 22
SCHEDULE D
Confie.uration and Hardware Costs
Unit Expanded
Q!y Part# DescriPtion Price Price
1 CS-QL-898AA - 2B V AX Datatrieve License N/A N/A
1 CS-QL-897 AA-2B V AX CDD+ Data Dictionary License N/A N/A
1 CS-DL- VT510-CA-H Console Tenninal, VT51 O,Amber $469 $469
1 CS-DV31GTA-B9 MicroV AX 3100,model 40,8 mb 56,086 $6,086
1 CS- RZ25L- EK Disk Drive, 535mb,3.5",SCSI $995 $995
1 CS- RZ26L- EK Disk Drive, 1.05gb,3S',SCSI S 1 ,300 Sl!300
1 CS-TZKll-HG Tape Drive, 2.0GB,SCSI 51,600 51,600
1 CS-DHW42-BA 16 Line Async Interface $1,410 Sl,4lO
1 CS-DSRVE-AA DECserver 90TL,8 ports $1,965 51,965
1 CS-1407 Diagnostic modem,14,400 bps $1,088 Sl,088
5 CS-9122-H B arwand,controller $735 $3,675
3 CS-1389 Receipt Printer $540 51,620
15 Custom Keycaps $50 $750
8 GIS COM Terminal Emulation $100 $800
Total Hardware $21,758
Shipping Costs $235
06/03/94
Paris Public Library Contract P 15 of 22
SCHEDULE E
Software and Database Subscriptions
Gaylord will grant perpetual, non-transferable and non-exclusive licenses for the following software
and databases, subject to the tenns and conditions of this agreement for use at the location(s) specified
in Schedule A. Databases are updated with the fr~uency noted.
1. Gaylord GALAXY@ Integrated Library System, 1 to 25 tenninals
QTY PART# DESCRIPTION ONE TIME PRICE
1 CS-8401-H GALAXY@ Manuals, Complete Set N/C
1 CS-8304 GALAXY@ Catalo2ing $1,500
.. ..
1 CS-8301 GALAXY@ Circulation Control $18,000
with Reserve Book Room
1 CS-8302 GALAXY@ Public Access Catalo2 $18,000
..
with Authority Control
1 CS-8305-H GALAXY@ Acquisitions $10,000
1 GALAXY@ Ponable-GALAXY $2,000
2. GALAXY@ System Software
1
CS-8303
MARC DBMS
$5,000
2.1. Digital Layered Software. Gaylord will sub-license the following software under the terms and
conditions of current licensing policies of the Digital Equipment Corporation.
1 Electronic Mail
1 Datatrieve (Report Writer)
1 CDD (Data Dictionary)
1 VMS, DEeNET
TOTAL SOFIWARE
$54,500
06/03/94
Paris Public Library Contract P 16 of 22
SCHEDULE F
Installation and Traininf.!
1. Traininf.!.
1.1. Eight (8) days of on-site key-operator training, training materials, and support in the use of
~uipment and software for a maximum of 10 people per trainer at $600 per trainer per day
plus actual travel expenses. The library should plan on one terminal for every two trainees.
1.1.1. One Trainer for 8 days:
$4,800
1.1.2. Estimated Expenses
S2,000
2. Installation.
2.1. On-site installation of all hardware and software by Gaylord technician(s) who will unpack,
connect, and test all equipment, (@ $600 per technician per day plus actual expenses). *
2.1.1. One Technician for 2 days:
S 1 ,200
2.1.2. Estimated expenses
S700
* Library will provide and run all cables
Total Installation and Traininf.! (Estimated): S8,700
06/03/94 Paris Public Library Contract P 17 of 22
SCHEDULE G
Hardware Maintenance
GA YLORD agrees to provide and the library agrees to accept service at the installation
location(s) in Schedule A for the items of equipment shown below or on attached addenda in
accordance with the attached Hardware Maintenance Terms and Conditions
Line
&Q!Y
1.1 1
2.1 1
2.2 1
2.3 1
2.4 1
3.1 1
3.2 1
3.3 1
4.1 5
5.1 3
Equipment
Description
Console Tenninal, VT51 O,Amber
Micro V AX 3100,model 40,8mb
Disk Drive,535mb,3.5",SCSI
Disk Drive, 1.05gb,3.5" ,SCSI
Tape Drive,2.0gb, SCSI
16 Line Async Interface
DECserver 9OTL,8 ports
Diagnostic Modem,14,400 bps
Barwand,controller
Receipt printer
Annual Type
Pavment Maint
SO.OO M
S984.00 D
5132.00 D
$168.00 D
$240.00 D
$120.00 D
S152.00 D
$119.00 X
S405.00 X
$180.00 X
Annual rate commencing one year from the installation date
$2,600.00
Type of maintenance:
D = Dil!ital on-site service
...
X = Gaylord Express exchange
M = Manufacturer's Warranty, Library pays cost of shipping. No
replacement equipment while at repair.
Note: (1) Maintenance on the VT510 terminal is pre-paid through the first three years
of this agreement. On-site maintenance for the VT510 terminals will be offered
at $4.75 per unit per month, commencing at the start of Year 4.
06/03/94 Paris Public Library Contract P 18 of 22
SCHEDllLE G
Hardware Maintenance Terms and Conditions
I. Term
This Agreement shall have an effective dale as stated on the face hereof
and continue for an initial term of one (I) Ye.1r. excer- as Olhel"l'i~e
provided in this AgreemenL Thereafter this Agreement shall continue for
an indefmite period but shall ~ terminated by either part)' u?Jn ninet)' (90)
days prior \I'riuen notice.
2. Equipment and O181J!es
The equifXTlent covered by this Agreement and the maintenance charge
applicable to such equipment shall be as set fonh herein. All charges
specified shall remain in effea for one (1) year from the effective date of
this Agreement Upon or at any time after expiration of one (1) year f/'OOl
the effective date. Gaylord may. fl'OO1 time to time increase said charges
upon thru (3) months prior wrinen notice. If said charges are increased.
the library may \lith one (I) month's prior wrillen notice terminate this
Agrument upon the effective date of such increase. Othel"l'ise the new
charges shall become effective upon the date specified in the notice.
The maintenance charges specified herein shall ccxnmence one (I) year
from the installalion dale and shall be payable in advance on a monthly or
annual basis. Gaylord may aI its ~tion immediately terminate this Agree.
ment for payment delinquency in excess of sixty (60) days.
The library shall be responsible for insurance. personal property taxes. sales
and use taxes. and excise taxes or taxes or amounts in lieu thereof
(including sales and use taxes levied upon senices). if any. arising out of
this Agreement. the charges made, senices rendered or pans supplied
pursuant hereto.
3. S~ of Maintenance Senice
Maintenance service shall consist of remedial maintenance including
replacement of unserviceable pans.
At Gaylord's OIXion. maintenance won: \lill be performed at Gaylord's
offices. an au1horized service center designated by Gaylord or on library' s
premises. While maintenance won: is being performed at Gaylord's offices,
Gaylord may ship a replacement unit for temporary use by the library.
Upon receilX of the repaired unit. the library shall return the temporary
replacement unit to Gaylord. If maintenance work is to be performed at
Gaylord's offices or at a senice center designated by Gaylord. library shall
be responsible for shiWing the equipment to such offices or service center.
shipping charges prepaid. Gaylord shall not be responsible for any loss or
damage in transit Claims for damage or shonage in shipments shall be
made against the carrier by library.
If the maintenance work is to be performed at library's premises, Gaylord
shall have free and full access to the equipment and the library shall
provide a safe place in which to perform such work. Maintenance work
wiD be performed between the hoors of 8:00 A.M. and 5:00 P.M., Monday
through Friday, except legal holidays. referred to hereinafter as Gaylord's
normal \l'orking hOOTS. Pans \lill be furnished on a temporary exchange
basis and will be new parts or pans equivalent to new in performance when
IISed in the equipment.
Any equifXTlent shiwed by Gaylord's offices or service center designated
by Gaylord \lill be returned to library via standard United Parcel Service.
shipping charges prepaid. If library shall desire a faster means of
transpDnation. the library shall designate the carrier and bear the complete
aL In either event. Ga~lord shall nOl be liable for Iou or dama~e in
aansil. Claims for shoJ1aie or damages in shipments shall be made against
carrier ~ Gaylord. Library is responsible for noting any visible damage
vpon receipt from Gaylord and notif)ing Gaylord of such damage within
three (3) da)'S thereafter.
06/03/94
4. ExclUSIOns
Gaylord's maintenance service provided hereunder does nOl include the
follo\ling:
(a) electrical work extemalto the equipment:
(b) repair of damage resulting from accident, transponation. neglect.
misuse, Cf'Cration of the equirment ootside the manufacturer's
envirorunental specifications, failure of electrical power, air conditioning
or humidity control, natural disasters including oot nOllimited to floods,
lightning and eanhquakes, or causes other than ordinary use;
(c) furnishing platens, supplies or accmories. painting or refmishing the
e~uifXTlent or fumishing material therefore, making specification changes,
or performing services connecled \lith relocation of machines. or adding
or removing accessories. attachments or other devices;
(d) systems engineering services. programmmg and operation procedures
of any son:
(e) such service which is impractical for Gaylord to render beause of
alterations to the equifX11ent or their connection by mechanical or electrical
means to other devices or alterations to operating systems: or
(f) maintenance on equipment not purchased f/'OOl Gaylord unless it has
been tested and inspected by Gaylord or reprmnwive of Gaylord.
(g) indi..idual hardware products that cannot. in Gaylord's ~inion, be
properly repaired due to excessive wear or deterior41ion. Tnese products
may be \lithdrawn from sen'ice upon ninety (90) days prior wrinen notice.
5. Disclaimers
Gaylord's obligations and warranties under this Agreement are in lieu of
all other \I'arranties. express or implied. including. if applicable. the
IMPLIED W ARRANllF.S OF MARKET ABlLIIT ASD FIT1\ESS FOR
A PARTICULAR PURPOSE and all other obligations or liabilities for
damages, including but not limited to consequential damages arising out of
or in connection \I;th this Agreement or the maintenance sen;ce performed
hereunder.
6. General
(a) Gaylord reserves the right to adjust the maintenance charges if the
equifXTlent specifications, attachments or fearures of an)' item of equipment
are changed after the date hereof.
(b) Gaylord is not responsible for any failure to render sen;ce due to
strikes or causes beyond its control.
(c) The library represents that it is the owner of the equipment subject to
this Agreement or. if not the owner. thai it has the authority to enter into
this Agreement.
(d) Gaylord shall be entitled. upon prior gi\ing \I'rillen notice to the ~brary,
to assign this Agreement and Gaylord's rights hereunder to any parent,
subsidiary. affiliate or agent thereof.
(e) Either pany may terminate this Agreement at any time for failure of the
other 10 comply \lith any of its terms and conditions.
(f) This Agrument shall be governed by the lallo's of the Stale ofTexas and
constitutes the entire agreement between Gaylord and the libral)' with
respea to maintenance services. !'\ 0 provision of this Agreement shall be
deemed waived, amended or modified by either party unless such waiver.
amendment or modification be in writing and signed by the pany against
\l'hom it is sought 10 enforce the \l'aiver. amendment or modification.
(g) The foregoing terms and conditions shall prevail not\lithstanding any
variance with the lerms and conditions of any order submitted b)' the
library for the repair or maintenance of the equifXTlent.
Paris Public Library Contract P 19 of 22
SCHEDULE H
Software SubscriPtion Service and Maintenance
1. Telephone diagnostic service is available during normal Gaylord business hours with
emergency referrals from Gaylord's Operations Center to on-call personnel. 24 hours per
day, 7 days per week.
2. Software maintenance covers trouble-shooting of any software related problem and provi-
sion of updates to the latest version of the system software.
3. Software Maintenance Fees:
3.1. GALAXY@ Software:
1 GALAXY@ Cataloging
1 GALAXY@ Circulation Control with
Reserve Book Room
1 GALAXY@ Public Access Catalog with
Authority Control
1 GALAXY@ Acquisitions
! GALAXY@ PC Backup Terminal
1 GALAXY@ System Software
1 MARC DBMS
3.2. Digital Software Updates
1 Electronic Mail
1 VMS Updates
1 Common Data Dictionary
1 Datatrieve Report Writer
Annual Software Subscription and Maintenance
commencing ninety (90) days from the installation date
$7,690.00
06/03/94
Paris Public Library Contract P 20 of 22
SCHEDULE I
Payment Schedules
1. Payment on Delivery
1.1.
Conversion Services
(Schedule B) <estimated>
$1,840
1.2.
Installation and Training
...
(Schedule F) <estimated>
$8,700
1.3.
Supplies/Shipping
(Schedules C and D)
$1,991
2. Pavment for Hardware and Software.
Total Costs
(Schedule D and E)
$76,258
Payment for these costs to be made as follows:-
25% upon signing the contract
$19,064.50
75% upon installation
$57,193.50
3. Periodic Pavments to Commence Ninety (90) Davs
from the Installation Date
ANNUAL
MONTHL Y
3.2. Software Subscription Service and Maintenance $5,767.50 $640.83
(Schedule H)
Annual Software Maintenance is calculated over 9 months.
4. Periodic Payments to Commence One (1) Year
from the Installation Date
4.1. Hardware Maintenance
(Schedule G)
$2,600.00 $216.67
06/03/94
Paris Public Library Contract P 21 of 22
SCHEDULE J
Additional Considerations
1. Installation will be no earlier than July 1, 1994 and no later than September 24, 1994.
2. The Library will provide an existing UPS, 14 x existing Wyse terminals, 8 x 486 pes, 2 x
Epson dot matrix printer, 4 x Okidata printers, 1 x Fujitsu laser printer and 2 x Epson laser
printers as well as all point to point interconnecting cabling and/or wiring. Within fifteen
(15) days following contract award, Gaylord shall provide the library with the specifications
for point-to-point cables/wiring and end connectors. Specifications shall be in standard
industry nomenclature and of sufficient detail to permit the library to correctly identify and
install the require{} item(s). Maintenance and operability of said equipment will be the
responsibility of the library.
3. If, within 180 days of installation, the Library is not completely satisfied with the
GALAXY@ System, the Library may return it to Gaylord and receive a refund of all
monies paid. This guarantee warrants the Library's satisfaction with the entire system and
does not encompass return of individual modules or refunds or discounts for not using parts
of the GALAXY system.
4. Returned Goods Authorization. Gaylord must authorize any goods to be returned prior to
return shipment, and the address label should include the return authorization number. Cost
of return shipment is the library's responsibility.Returned goods received in acceptable
resale condition as determined by Gaylord will result in a credit on account for the amount
of the sale less a 20% handling and restocking charge. Custom products, such as barcode
labels, are not returnable.
5. De-duplication of the library's MARC records may be ordered under separate cover at a
cost of $0.02 cents per record.
6. A 10% discount will be offere{} on software and hardware maintenance if these costs are
pre-paid annually.
06/03/94
Paris Public Library Contract P 22 of 22