HomeMy WebLinkAbout02614 - INLEX LIBRARY SOFTWARE MAINTENANCE Cindy Berardi
From: James R. Smith
Sent: Wednesday, September 29, 2010 8:29 AM
To: Cindy Berardi
Subject: RE: A2614 Inlex Inc.
Hi Cindy,
This is no longer active.
James
From: Cindy Berardi
Sent: Tuesday, September 28, 2010 5:32 PM
To: James R. Smith
Subject: A2614 Inlex Inc.
Is the attached contract still active? Thank you.
<<File: A2614 Inlex Inc..pdf»
C'Jnd j 5erardi
F)c)Fxui9 City Cleric
Office of the City Clem
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy.Berard i(a-bpalmspringsca.gov
Please note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on
Fridays.
Please consider the environment prior to printing this a-mail. Thank you!
Inlex - Library ,system
Software Support
AGREEMENT #2614
R1656$, 9-21-88
CUSTOMER SUPPORT SERVICES AGREEMENT
CITY OF
"CUSTOMER" PALM SPRINGS MB1610A61MM AGREEMENT NO. 8812
EFFECTIVE DATE // /, / Yc+'
1. GENERAL INTENT. INLEX, Inc. (hereinafter referred to as
"INLEX") shall provide support services described herein to the
extent these services are ordered by the Customer. The Customer
may authorize support services as a part of this Agreement or by
subsequent orders. The Customer represents that it is the
licensed user of the products which are to be supported under
this Agreement.
2. PROJECT AND SYSTEM MANAGEMENT. Upon execution of this
Agreement, INLEX and Customer shall each designate a Project
Manager, and one Alternate, who shall be available at all times
as the principal point of contact between the parties.
1) INLEX' s Project. Manager shall be responsible providing
competent, timely and qualified support services for
INLEX/3000 Conversion and Application Software and
ongoing support. for Customer' s account as specified
herein.
2) Customer' s Project Manager shall be responsible for
providing, or co-ordinating the provision of, such
information about Customer and its business operations,
external and internal procedures and such other
information as INLEX may reasonably require in order to
provide ongoing support for Customer' s account as
specified herein.
Upon execution of this Agreement, Customer shall designate a
System Manager and one Alternate (the scope of delegation of
authority from the Project Manager shall be specified in such
designation and may be amended from time to time) , who shall be
available at all times as the principal point of contact between
INLEX and Customer with regard to Customers computer system and
it ' s peripheral equipment.
If a Project Manager or System Manager becomes unable to
fulfill this obligation, a successor Project Manager or System
Manager shall be immediately be appointed. The Managers shall
not be changed without the other party' s prior written consent,
which consent shall not be unreasonably withheld. However, each
party shall forthwith change a Manager if reasonable cause for
such change is given by the other party.
3. APPLICATION SUPPORT SERVICES. INLEX shall maintain and staff
a Customer Support Center which shall serve as the Customer's
designated point of contact for services. Such services shall be
CSSA 1 DATE/REV. : 11/88
I
provided in the English ]Language only, and shall consist of
Phone-in Consulting Service, and Maintenance and Enhancements
Service.
A. PHONE-IN CONSULTING SERVICE. Customer's Project Manager
shall receive the telephone number for INLEX's Customer
Support Center. The Project Manager or designated alternate
may contact the Support Center to ask questions or seek
advice relating to the use of the INLEX-supplied software.
Support Center personnel shall assist in utilizing INLEX
software products, and in identifying problems and providing
workarounds, if possible.
1. ) Hours of Operation. The hours of coverage for
telephone assistance are 8: 00 a.m. PST, or PDT, to 5: 00
p.m. PST, or PDT, Monday through Friday, excluding
INLEX holidays. Unless otherwise disclosed, INLEX's
holidays will be:
New Years Day January lst
President's Day as scheduled
Memorial Day last Monday in May
Independence Day July 4th
Labor Day first Monday in September
Thanksgiving Day last Thursday in November
Christmas December 25
Customer telephone assistance calls outside INLEX' s
normal hours of operation, which only shall be made for
true software emergencies (an entire application of the
system is non-operational) , shall be answered by a
telephone answering service. This service shall in
turn contact the appropriate INLEX Customer Support
staff member who shall contact Customer within sixty
(60) minutes of.` Customer' s original telephone call.
This INLEX Customer Support staff member shall exert a
best effort to resolve Customer's problem.
2 . ) Tele-Support Service. Assistance may include
communicating via terminal from the Support Center
site. Customer shall configure their system to permit
access through a modem connection using a data-quality
telephone line, and provide a voice-grade telephone
near the computer system. INLEX may utilize the
Customer-supplied diagnostic modem, to provide remote
assistance to Customer. Diagnostics may be performed
upon authorization by Customer through the Support
Center. If this assistance does not result in
resolution of the problem, INLEX shall assist Customer
in finding a workaround, if possible. If the results
of the telephone diagnosis are inconclusive, INLEX
shall respond on-site, as described herein.
CSSA 2 DATE/REV. : 11/88
3 . ) Software Problem Reporting. If a problem develops with
installed INLEX software or update releases, it may be
reported by calling the Customer Support Center or by
submitting a Software Problem Report. Software Problem
Reports may be written by Customer or by a support
representative on behalf of Customer and forwarded to
the INLEX Customer Support Center. INLEX shall
acknowledge receipt and inform Customer of the
disposition of the Software Problem Report. Upon
Customer's report of a critical software problem, INLEX
may, at its discretion, provide Customer with a
workaround or object code modification (patch) , if
available. INLEX retains the right to determine the
final disposition of all reported problems. In the
case of the implementation of a Program Correction
occasioned by a Software Problem Report, INLEX shall
provide to Customer, within thirty (30) calendar days
after such implementation, such revisions and/or
upgrades to user manuals, operator manuals and software
documentation that have been supplied by INLEX to
Customer, as may be required by Customer to effectively
utilize such implementation.
Software Problems shall be classified as follows:
a. ) Class 1 Software Problems shall be any failure of
the software which prevents an entire application
from operating.
b. ) Class 2 Software Problems shall be any failure of
the software which prevents the following critical
functions from operating: online catalog inquiry,
authority and bibliographic file maintenance,
checkin, checkout, patron inquiry, item inquiry,
title inquiry, online file update, item
maintenance, logging, renewal, blocks, and patron
registration.
c. ) Class 3 Software Problems shall be any failure of
the software which prevents the following non-
critical functions from operating: report
printing, inquiry other than that specified in
preceding paragraph, batch file update, parameter
maintenance.
d. ) Class 4 Software Problems shall be any failure of
the software not specifically listed in this
Section which has been determined by Customer not
to have a significant effect on system operation.
An INLEX software maintenance representative shall
respond within four (4) hours of notification by
CSSA 3 DATE/REV. : 11/88
Customer of any Software Problem. "Respond" shall mean
to ascertain, by appropriate means, what class of
Software Problem exists and to report by telephone or
terminal to Customer' s authorized representative the
corrective actions to be taken.
Unless otherwise mutually agreed upon, INLEX shall
have, from the time of report by Customer to INLEX's
designated point of contact:
a. ) twenty-four (24) hours to correct a Class 1
Software Problem and restore the System to Good
Operating Condition;
b. ) forty-eight (48) working hours to correct a Class
2 Software: Problem and restore the System to Good
Operating Condition;
c. ) five (5) working days to provide Customer with a
workaround and twenty (20) working days to correct
a Class 3 Software Problem and restore the system
to Good Operating Condition; and
d. ) thirty (30) working days to provide Customer with
a workaround.
4. ) Software Problem Loa. INLEX shall maintain a log of
all Software Problem Reports from Customer. Said log
shall indicate the time the Report was first received
at INLEX's designated point of contact, the time an
INLEX software maintenance person responded to the
report, the class of the Software Problem, a
description of the actions taken in response to the
Report, the time of the action, and the time the System
was restored to Good operating Condition. The log
shall be available for inspection by Customer at any
time.
5. ) On-Site Assistance. In the event that telephone
assistance is not sufficient, it is the responsibility
of the Customer's Project Manager to request on-site
assistance. Once on site, the INLEX support
representative shall work to completion of the task or
so long as reasonable progress is being made. The on-
site effort may be suspended to obtain additional
resources, but shall be resumed when they become
available.
On-site assistance is limited to isolating,
identifying, verifying, and reporting problems
associated with INLEX software products. The INLEX
support representative shall assist Customer by
providing an object code modification (patch) , or
finding a workaround, if possible, which allows
utilization of the system. Implementation of the
support representative' s recommended workaround is
Customer's responsibility. If INLEX determines the
CSSA 4 DATE/REV • 11/88
reported difficulty is not the result of a problem in
the INLEX software, the on-site services are subject to
travel, lodging, time, and material charges to
Customer.
6 . ) Operating System Software Release Installation. Before
installation of a release of operating system software
from Hewlett-Packard, INLEX shall recommend an
installation schedule to help minimize disruption due
to the update process. Installation of operating
system software, without the prior written consent of
INLEX, may cause termination of Application Support
Services, with or without notice.
B. MAINTENANCE AND ENHANCEMENTS SERVICE. For all INLEX/3000
software modules under valid use license to Customer, INLEX
shall make available, at no additional cost to the Customer,
all later versions or releases that replace the current
software and associated documentation. Customer shall
accept such later versions provided that no existing system
features are deleted or rendered inoperable by such later
versions and INLEX shall provide to the Customer maintenance
of such later versions as provided herein. The magnetic
tapes used by INLEX 'to distribute software remain the
property of INLEX. The System Manager shall receive two
copies of the appropriate software reference manual updates
or revisions as INLEX makes them available.
1. ) Software Release Planning. Before installation of a
software release, INLEX and Customer shall review such
items as the features of the new release, the software
problems it may resolve, and how the changes may affect
Customer's particular circumstances. INLEX and
Customer shall together develop a software release
implementation plan to minimize disruption due to the
update process.
2 . ) Software Release Installation Planning. An INLEX
support representative shall, at Customer's request,
assist with the installation of a software release,
either at Customer's site during standard hours of
coverage or remotely, at INLEX's discretion. In the
event that a Customer requests an INLEX support
representative on site to assist with a software
release intended for unassisted installation, the on-
site services shall be subject to travel, lodging,
time, and material charges to Customer.
4. RESPONSIBILITIES OF CUSTOMER
A. Customer shall provide INLEX with access to and use of all
Customer information and facilities determined necessary by
INLEX to provide Application Support Services.
CSSA 5 DATE/REV. : 11/88
B. Customer shall maintain all associated system hardware and
firmware at the latest required code revision level.
C. Customer shall maintain a procedure external to its INLEX
products for reconstruction of lost or altered files, data,
or programs.
D. Customer shall follow routine operator procedures as
specified in the INLEX operating manuals for Customer' s
system.
E. A representative of Customer shall be present at the site at
all times INLEX is performing service (on-site or by
telephone) . INLEX personnel shall not enter or remain at
Customer' s facility in the absence of Customer's authorized
representative.
F. Customer is responsible for the safeguarding of its
proprietary, confidential, and classified information.
G. Customer shall allow INLEX to maintain system diagnostic
programs resident on Customer' s system for the exclusive
purpose of performing diagnostics.
H. Customer shall provide and maintain a dial-up port for
scheduled use by INLEX personnel while providing support
services under this Agreement.
I. Customer shall provide INLEX with written notice thirty (30)
days prior to any change in the computer system hardware and
operating system software from the configuration originally
approved by INLEX.
5. SOFTWARE WARRANTIES. INLEX warrants that all Program
Corrections and Enhancements delivered to Customer shall be free
from defects in manufacture of materials and shall not degrade
the performance of nor render unusable or unavailable any
capabilities which are present in the software prior to the
installation of such Program Corrections or Enhancements.
Warranty provided hereunder for software and documentation
services shall be limited to providing the software support and
documentation services selected by the Customer
NO OTHER WARRANTY IS :EXPRESSED OR IMPLIED. INLEX
SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED
HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. INLEX
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON
CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
CSSA 6 DATE/REV.: 11/88
6. DATABASE CHANGES. Except as otherwise provided herein, INLEX
shall not alter, amend, revise, modify, delete or change any part
of Customer' s database without the prior written approval of
Customer.
7. MODIFICATIONS TO PRODUCTS. INLEX may, at its option, with no
additional charge to the Customer, make modifications to improve
the operation and/or reliability of the products being serviced
under this Agreement.
8. CONDITIONS OF SERVICES. INLEX shall be under no obligation to
furnish support services under this Agreement should repair be
required because of (1) improper use; (2) natural disasters such
as flood, earthquake or particulate pollution; (3) strike, riot,
or acts of war or nuclear- disaster; (4) repairs, maintenance,
modifications, or relocation and reinstallation made by other
than INLEX personnel or without INLEX' s supervision and approval;
and (5) unusual shock or electrical damage, accident, fire or
water damage, neglect, air conditioning failure, humidity control
failure, a corrosive or abrasive atmosphere harmful to electronic
circuitry, damage during transportation by the Customer, or
causes other than ordinary use. If support services are required
as a result of the causes stated above, such services shall be
provided at INLEX' s standard services for labor, travel and
material in effect at the time of service.
INLEX's support services do not include operating supplies and
consumables, electrical work external to the products,
maintenance of accessories, attachments or products not specified
herein or on subsequent orders, or any other services contracted
for under separate agreement.
9. TERM. This Agreement: shall commence on the specified
Effective Date and end upon termination by either party. The
Customer may terminate this Agreement at any time upon thirty
(30) days written notice to INLEX and INLEX may terminate at any
time after the first twelve (12) months, for the reasons
described in Paragraph 13 , Sections (b) and (c) , upon thirty (30)
days written notice to the Customer. These terms are
automatically renewed annually and apply unless otherwise
specified on any applicable Exhibit.
10. CHARGES. The charges specified by Attachment to this
Agreement are those currently in effect. These charges may be
changed provided that INLEX has notified the Customer in writing
of any increase at least sixty (60) days prior to invoicing at
the increased rate, and the increase shall be limited to no more
than five percent (5%) per year. The Customer may prepay
services up to one (1) year in advance at INLEX's prevailing
charges at time of payment, less ten percent (10%) . Prepaid
services must have a Commencement Date not more than ninety (90)
days after payment. Increases that would otherwise take effect
during the prepaid period shall be delayed until the end of the
CSSA 7 DATE/REV • 11/88
period, but shall be effective at the start of any subsequent
prepaid period. When the: Customer requests that INLEX incur
commercial travel and per diem expenses because of extended
travel not included in the coverage, these expenses shall be
reasonable and customary, shall be documented by copies of
receipts, and shall be charged to the Customer as separate items
on the INLEX invoice. Unless otherwise stated in writing by
INLEX, all charges shall be exclusive of state and local use,
sales, property (ad valorem) and similar taxes. The Customer
agrees to pay such taxes and, when applicable, such taxes shall
appear as separate items on INLEX's invoice.
Software Maintenance and Enhancements shall be provided to
Customer free of charge for a period of ninety (90) days after
installation of each software module.
11. ORDERS. The Customer may initially order support services
to commence upon the Effective Date of this Agreement and
thereafter may at any time issue orders for additional services,
delete services previously ordered, or add or delete products to
be supported. The minimum term of any order shall be three (3)
full months. Orders must: reference this Agreement, list services
being ordered and products supported, and show the desired
Commencement Date for services, invoicing instructions, and
purchase order number. Throughout this Agreement, "orders" shall
be understood to mean purchase orders, change orders, letters and
signed Exhibits which authorize services, and any other written
authorizations.
If an Additional Authorization page is attached hereto, the
Customer hereby authorizes INLEX to accept orders directly from
the organization listed on that attachment. All terms and
conditions specified shall be applicable.
12. INVOICING. Charges for support services shall be invoiced
in advance, as specified herein and on any subsequent orders.
Invoices for other chargers shall be submitted as the charges are
incurred. The Customer shall pay all invoices issued under this
Agreement within thirty (30) days from date of invoice. This
Agreement number and Customer' s Purchase Order number shall
appear on all invoices. Invoices shall be delivered to:
Original: (Accounting Address) Duplicate: (Library Contact)
CSSA 8 DATE/REV. : 11/88
13. MISCELLANEOUS.
A. This Agreement may not be assigned by either party except
with the written consent of the other.
B. INLEX reserves the right to withhold without liability, but
with prior written notice, any services authorized by
Customer under this Agreement if the Customer is delinquent
in payment for any services, and to change the credit terms
herein when, in INLEX' s opinion, the financial condition or
previous payment record of the Customer so warrants.
C. In the event of any proceedings, voluntary or involuntary,
in bankruptcy or insolvency by or against the Customer, or
in the event of the appointment, with or without the
Customer's consent, of an assignee for the benefit of
creditors, or of a receiver, INLEX may elect to cancel any
unfilled part of this Agreement if Customer is delinquent in
paying for products or services under this Agreement.
D. INLEX' s failure to exercise any of its rights hereunder
shall not constitute: or be deemed a waiver or forfeiture of
such rights.
E. Stenographical, typographical, and clerical errors are
subject to correction.
F. Any notices required to be given hereunder shall be given in
writing at the address of each party set forth below or to
such other address as either party may substitute by written
notice to the other.
14. ATTACHMENTS.
A. Price Schedule
15. ENTIRE AGREEMENT. This Agreement and its incorporated
Attachments is subordinate to any Software Products Purchase
Agreement, between INLEX and Customer, constitutes the entire
Customer Support Services; Agreement between INLEX and Customer
with respect to the services and materials listed by Attachment.
This Agreement supersedes all proposals, oral and written, and
all other communications between the parties relating to the
subject matter thereof.
CSSA 9 DATE/REV. : 11/88
CITY OF PALM SPRINGS INLEX, INC.
Customer
Dallas J. Flicek George Sidman
Authorized Representative Authorized Representative
Title: Asst. City Manager Title: Pr :,ident
r �
vm
Signature: � Signature.
Date: 11/17/88 Date:NOVem)Jer 1988
3200 E. Tahguitz-McCallum P.O. Box 1349
Address of Notification Office 1900 Garden Road, Suite 200
Monterey, CA 93942
Palm Springs CA 92262
City State zip
�yd PTRO' 4pED
SO
6dY64EE"6 N'D./.��j Y J
CSSA 10 DATE/REV.: 11/88
ATTACHMENT A
PRICE SCHEDULE
Description Monthly Charge
Customer Support Services - Dedicated CPU
PHASE I
Phone-In Consulting Support (PICS)
Base, Circulation and Online Catalog $318 . 00
Software Maintenance and Enhancements
Base, Circulation and Online Catalog 70. 00
Multi-branching 10. 00
Circulation and Reports 45. 00
Backup Circulation 10. 00
Online Catalog (English) 25. 00
Dial-Up Catalog 20. 00
PHASE I TOTAL 498 . 00
PHASE II
Phone-In Consulting Support (PICS)
Acquisitions and Fund Accounting 100. 00
Serials Control 65. 00
Software Maintenance and Enhancements
Acquisitions and Fund Accounting 30. 00
Serials Control 10. 00
PHASE II ADD-ON 205. 00
Total Monthly Support Costs $703 . 00
Maintenance and Enhancements subject to sales/use tax.
Commencement:
Phone-in Consulting Service - Upon execution of
this Agreement
Maintenance and Enhancements - Upon installation
of each software product module and free of
charge for ninety (90) day warranty period.
CSSA/ PSPL ATTACHMENTS 1 DATE/REV. : 110/88