HomeMy WebLinkAbout1993-276
1
RESOLUTION NO. 93-276
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CONTRACT WITH GENERAL AUTOMATION FOR THE FURNISHING
3 AND DELIVERY OF AUTOMATED LIBRARY SYSTEM SOFTWARE, TO BE UTILIZED
BY THE LIBRARY IN ACCORDANCE WITH BID SPECIFICATION F-93-l3.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That General Automation is the lowest and best
7 responsible bidder for the furnishing and delivery of Automated
8 Library System Software in accordance with Bid Specification F-
9 93-13 for the total amount of $67,069.l5; such award shall only be
10 effective upon the execution of a Contract by the Mayor; and all
11 other bids therefor are hereby rejected.
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SECTION 2. That the Mayor is hereby authorized and directed
13 to execute an Agreement with General Automation, a copy of which
14 is attached hereto and incorporated herein as Exhibit "A."
15
The authorization to execute the above-
SECTION 3.
16 referenced agreement is rescinded if the parties to the agreement
17 fail to execute it within sixty (60) days of the passage of this
18 resolution.
19 I HEREBY CERTIFY that the foregoing resolution was duly
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Common Council of the City of
adopted by the Mayor and
San Bernardino at a
TPgnl;'lT
meeting thereof, held on the
2nd day of August 1993, by the following vote, to wit:
,
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/ I I I
1
RES 93-276
1 Council Members:
2 NEGRETE
3 CURLIN
AYES
NAYS
ABSTAIN
ABSENT
-X-
-X-
4 HERNANDE Z
5 OBERHELMAN
-X-
---JL..
6 OFFICE VACANT
7 POPE-LUDLAM
8 MILLER
---JL..
x
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11
JA~~
City'- Clerk
The foregoing resolution is hereby approved this S~ day
12 of
Jlngno:::+
, 1993.
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--)~ ll~~
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
B~"O~ )
DCR:GENAUTO, RES
July 21, 1993
2
Res 93-276
Original
A G R E E MEN T
THIS AGREEMENT is made and entered into this \bt~,day of
\\\.,)Q~\~.t- ,1993, by and between the City of San Bernardino,
a municipal corporation, 300 North "D" Street, San Bernardino,
California
924l8, (herein referred to as "City"), and General
Automation, Inc., a Delaware Corporation, 1045 South East Street,
Anaheim, California 92803 (herein referred to as "Vendor").
City and Vendor agree as follows:
l. General Description of Work to be Done.
City hereby engages Vendor, and Vendor hereby accepts such
engagement to perform the services generally described as follows:
l. To provide application software for a library
automation system for the City's public libraries;
2. To install said software;
3. To train City and Library personnel on use of
said software; and,
4. To maintain said software.
3. Scope of Services.
1. Vendor agrees to provide City the products and
services as set forth in Vendors proposal in response to Bid
Specification F-93-l3 attached hereto as Exhibit
"A"
and
incorporated herein as though fully set forth.
2. Said Exhibit "A" specifically includes the
following:
a) Document entitled General Automation, Inc.
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RES 93-276
Software License.
It is agreed between the parties that should
there be a conflict between the provisions of the General
Automation, Inc. Software License and this agreement, then the
terms and conditions of this agreement shall prevail.
b) Document entitled General Automation, Inc.
Software Support Contract.
It is agreed between the parties that
should there be a conflict between this provision of the General
Automation, Inc. Software Support Contract and this agreement, the
terms and conditions of this agreement shall prevail.
3. In addition to the services set forth in Exhibit
"A", Vendor specifically agrees to provide City with the following:
a) Provide a time schedule outlining tasks to
be performed, by whom, and estimated completion dates within
fifteen (15) days of the execution of this agreement.
b) Provide "acceptance testing" of its
products to the City's satisfaction.
c) Provide training to designated City
personnel on all phases of the product.
The times for such
training shall be mutually agreed to by City and Vendor.
d) Provide a minimum of two complete sets of
user documentation and manuals to the City and to provide all
updates of said documentation and manuals.
4. Vendor acknowledges and understands that the
ci ty' s computer system may not always be accessible to Vendor.
Vendor, therefore, agrees to request authorization from the City's
M.I.S. Division, Director or her designee, prior to accessing the
FLR/alCGenAuto.Agr]
July 2l, 1993
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RES 93-276
City's computer system.
3. Payment and provision for Payment.
A. Compensation.
l. Compensation to be paid by the City for software,
installation, training and first year maintenance shall be
$67,069.l5.
2. Compensation to be paid by City for maintenance
and support commencing one year after final acceptance shall be
$7,068.00 for the first year.
B. Manner of Compensation.
1. City shall compensate Vendor based on the
following conditions:
a) Award of Contract - City shall compensate
Vendor $20,120.74 within thirty (30) days of invoicing after award
of contract.
b) Loading of Software - City shall compensate,
Vendor $20,120.75 within thirty (30) days of invoicing for
successful loading of all software on the City's computer system.
C) Final Acceptance - City shall compensate
Vendor $26,827.66 within thirty (30) days of invoicing after final
acceptance testing and sign off by the City.
d)
Support
City shall compensate Vendor
$7,068.00 within thirty (30) days after invoicing, one year after
final acceptance and sign off by the City.
III
2. Vendor shall assume and pay all out of pocket
FLR/al[GenAuto.AgrJ
Ju 1 y 21, 1993
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RES 93-276
expenses and cost of performing services under this agreement
except as otherwise specifically provided herein, and the City
shall not be liable for any such costs and expenses.
4. Amendments.
This agreement may be amended or modified only by written
agreement executed by both parties.
5. Assiqnment.
Vendor's rights under this agreement shall not be assigned
by Vendor to any other person, firm or corporation without the
prior written consent of the City.
6. Relationship of Parties.
Vendor is acting as an independent contractor, and not as
an employee of the City.
In the performance of personal services
pursuant to the provisions of this agreement, Vendor shall not be
supervised, directed, or under the control or authority of any City
officer or employee, except and to the extent as may be expressly
or implicitly required by the terms and provisions of this
agreement.
Any direction or control so required under this
agreement shall be limited to broad objectives or goals of the
project or program to be accomplished and not to the details and
procedures to accomplish such objectives or goals.
Vendor shall
not be obligated to conform to the supervision or direction of City
officers or employees which are not authorized herein. Changes or
modifications of said objectives and goals may be made by written
recommendations of either party subject to the concurrence of the
other party in writing.
FLR/al[GenAuto.AgrJ
July 21, 1993
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RES 93-276
7. Hold Harmless.
1. Vendor hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers, agents and
employees, harmless from any liability for damage or claim for
damage for personal injury, including death, as well as from
Vendor's operations under this agreement.
Vendor agrees to, and
shall defend City and its elective and appointive boards,
commissions, officers, agents and employees from any suit or
actions at law or in equity for damages caused or alleged to have
been caused by reason of Vendor's performance hereunder including
any claims that may arise against City by reason of Consultant's
legal relationship with City being categorized as other than that
of an independent contractor.
2. Vendor agrees to take full responsibility and assume
all liability for damage incurred by the City to its computer
system and/or the data therein due to Vendor's unauthorized or
negligent access to the City's computer system.
8. Attorney's Fees.
In the event an action is filed by either party to enforce
rights under this agreement, the prevailing party shall be entitled
to recover reasonable attorney's fee in addition to any other
relief granted by the court.
9. Termination by City.
Notwithstanding any other provision of this agreement, the
City, by notifying Vendor in writing, may terminate all or a
portion of the services agreed to be performed under this agreement
FLR/al[GenAuto,AgrJ
Ju 1 y 21, 1993
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RES 93-276
with or without cause. Vendor shall be given five (5) days written
notice for failure of Vendor to perform obligations under the
contract in a satisfactory manner, and thirty (30) days written
notice if termination is for other reasons. Notice shall be mailed
and posted to the address set forth herein for the receipt of
notices.
lO. Confidentiality and Non-Disclosure.
a) Vendor acknowledges that during the term of this
agreement Vendor may have access to, and may become aware of secret
information.
b) Vendor agrees to hold in confidence all such secret
information disclosed to Vendor in connection with the work
performed under this agreement, either in writing, verbally, or as
a result of this agreement.
ll. Notices.
Any notice required to be given hereunder shall be deemed
to have been given by depositing said notice in the united States
Mail, postage prepaid, and addressed as follows:
City
Vendor
Robert Ewing, City Librarian
Robert D. Bagby, Vice President
San Bernardino Public Library
General Automation, Inc.
555 West Sixth Street
1045 South East Street
San Bernardino, CA 92410
Anaheim, CA 92805
III
III
FLR/aL[GenAuto.AgrJ
July 21, 1993
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RES 93-276
12. Entire Aqreement.
This contract constitutes the entire agreement between
City and Vendor and may be modified only by further written
agreement between the parties.
IN WITNESS WHEREOF, this Agreement has been executed by the
parties effective as of the date and year first above written.
GENERAL AUTOMATION, INC.
CITY OF SAN BERNARDINO
By: Q <) ~,'{
By: r 11~~
om Minor, Mayor
APPROVED AS TO FORM AND
LEGAL CONTENT:
SAN BERNARDINO
LIBRARY, BOARD
TRUSTEES
PUBLIC
OF
~~)
James F. nman -
City Attorney
BY:))~k v'~~;,
President
FLR/aL[GenAuto.AgrJ
July 21, 1993
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RES 93-276
GENERAL AND TECHNICAL SPECIFICATIONS
SPECIFICATION NO.
F-93-13
PROVISION OF
PROFESSIONAL
FOR
Automated Library System Software
THE CITY OF SAN BERNARDINO, CALIFORNIA
NOTICE TO BIDDERS
SERVICES
IT IS NOT THE INTENT OF CITY TO RULE OUT OR ELIMINATE ANY PROSPECTIVE
BIDDER OR PROVIDER OF SERVICES. IF THE SERVICE YOU INTEND TO BID DOES
NOT COMPLY WITH THE SPECIFICATIONS AS WRITTEN, YOU ARE INSTRUCTED TO
ATTACH TO YOUR BID PROPOSAL A COMPLETE ITEMIZATION AND EXPLANATION. THE
CITY OF SAN BERNARDINO MAY, AT ITS OWN DISCRETION, CONSIDER OR DENY ANY
DEVIATION AND ACCEPT THE OFFER WHICH BEST SUITS ITS INTENDED USAGE.
IT IS THE INTENT OF THESE SPECIFICATIONS TO COVER THE PROVISION TO THE
CITY OF SAN BERNARDINO OF COMPLETE SERVICES AS HEREINAFTER MENTIONED
WITH A VIEW TO OBTAINING THE BEST RESULTS AND THE MOST ACCEPTABLE SER-
VICE. THESE SPECIFICATIONS COVER GENERAL REQUIREMENTS AS TO THE TYPE OF
SERVICES, TOGETHER WITH CERTAIN TECHNICAL DETAILS WITH WHICH THE SUCCESS-
FUL BIDDER MUST CONFORM, AND SPECIFICATION NO. F-93-l3 INCLUDES
BOTH THE GENERAL AND TECHNICAL SPECIFICATIONS SET FORTH.
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RES 93-276
_CIFICATION NO. F-93-l3
GENERAL SPECIFICATIONS
1. MINIMUM REQUIREMENTS
EACH BID SHALL BE IN ACCORDANCE WITH SPECIFICATION NO. F-93-l3
ALL SPECIFICATIONS ARE MINIMUM. BIDDERS ARE EXPECTED TO MEET OR EXCEED
THESE SPECIFICATIONS AS WRITTEN, AND BIDDER SHALL ATTACH TO BID PROPOSAL
A COMPLETE DETAILED ITEMIZATION AND EXPLANATION OF SERVICES OFFERED,
INCLUDING EACH AND EVERY DEVIATION OR VARIATION FROM THESE
SPECIFICATIONS. CONDITIONAL BIDS, OR THOSE WHICH TAKE EXCEPTION TO THE
SPECIFICATIONS, MAY BE CONSIDERED NONRESPONSIVE AND MAY BE REJECTED.
2. ACCEPTANCE OF BIDS
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
AND ALL BIDS AND TO AWARD A CONTRACT TO THE BIDDER WHO BEST MEETS CITY
REQUIREMENTS. THIS MAY INCLUDE WAIVER OF MINOR IRREGULARITIES OR
DISCREPANCIES OR NONCONFORMITY TO SPECIFICATIONS IN APPROPRIATE
CIRCUMSTANCES. ACCEPTANCE SHALL BE ON A BEST BUY BASIS AFTER DUE
CONSIDERATION OF ALL RELEVANT FACTORS.
3. QUANTITY DEVIATION
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT TO DEVIATE AS TO QUANTITY
OF SERVICES SPECIFIED. SHOULD CHANGES AFFECT THE COST OF, OR THE TIME
REQUIRED FOR PERFORMANCE OF THE SERVICES, AND EQUITABLE ADJUSTMENT IN
THE PRICE OR DELIVERY OR BOTH SHALL BE MADE.
4. FIRM OFFER
BIDS SHALL BE FIRM OFFERS, SUBJECT OT ACCEPTANCE OR REJECTION WITHIN
Sixtv ( 60) DAYS OF THE OPENING THEREOF.
5. REPUTABLE BIDDERS
NO BIDDER SHALL BE ACCEPTABLE WHO IS NOT A REPUTABLE PROVIDER OF
SERVICES AS SUBMITTED FOR BID CONSIDERATION.
6. INSPECTION AND ACCEPTANCE OF SERVICES
THE SERVICES FURNISHED SHALL BE EXACTLY AS SPECIFIED IN THESE
SPECIFICATIONS, FREE FROM ALL DEFECTS IN BIDDER"S PERFORMANCE, AND
EXCEPT AS OTHERWISE PROVIDED IN THESE SPECIFICATIONS, SHALL BE SUBJECT
TO INSPECTION AND TEST BY THE CITY AT ALL TIMES AND PLACES. IF, PRIOR TO
FINAL ACCEPTANCE, ANY SERVICES ARE FOUND TO BE INCOMPLETE OR NOT AS
SPECIFIED, THE CITY MAY REJECT THEM, REQUIRE BIDDER TO CORRECT THEM
WITHOUT CHARGE, OR REQUIRE DELIVERY OF SERVICES AT A REDUCTION IN PRICE
WHICH IS EQUITABLE UNDER THE CIRCUMSTANCES. IF THE BIDDER IS UNABLE OR
REFUSES' TO CORRECT SUCH ITEMS WITHIN A TIME DEEMED REASONABLE BY THE
CITY, THE CITY MAY UNILATERALLY TERMINATE THE AGREEMENT WITH THE
SUCCESSFUL BIDDER IN WHOLE OR IN PART. IN SUCH A
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RES 93-276
SPECIFICATION NO.
F-93-13
CASE, BIDDER SHALL REIMBURSE CITY FOR ALL TRANSPORTATION COSTS, OTHER
RELATED COSTS INCURRED, OR PAYMENTS TO BUYER IN ACCORDANCE WITH THE
TERMS OF THESE SPECIFICATIONS FOR UNACCEPTED SERVICES. NOTWITHSTANDING
FINAL ACCEPTANCE AND PAYMENT, BIDDER SHALL BE LIABLE FOR LATENT DEFECTS
OR FRAUD.
7. PATENTED PROCESS
BIDDER SHALL DEFEND ANY AND ALL SUITS AND ASSUME ALL LIABILITY FOR ANY
AND ALL CLAIMS MADE AGAINST THE CITY OF SAN BERNARDINO, OR ANY OF ITS
OFFICIALS OR AGENTS FOR THE USE OF ANY PATENTED PROCESS, DEVICE OR ART-
ICLE CONNECTED WITH THE SERVICES TO BE FURNISHED.
8. SERVICE PROVISION DATE - TIME OF ESSENCE
EACH BIDDER SHALL STATE IN HIS OR HER BID PROPOSAL THE GUARANTEED DATE
OF PROVISION OF SERVICES IN NUMBER OF CALENDAR DAYS FROM THE DATE OF
ENTRY INTO AGREEMENT WITH CITY. TIME IS OF THE ESSENCE IN PERFORMANCE
OF SPECIFIED SERVICES.
9. PAYMENT
CITY SHALL MAKE PAYMENT BY CHECK WITHIN THIRTY (30) DAYS AFTER COMPLETION
OF DELIVERY OF THE SERVICES AND RECEIPT OF BIDDER'S PRICE INVOICE.
10. SAFETY REGULATIONS
ANY ITEMS AND ALL WORK WHICH THE BIDDER PROPOSES TO FURNISH TO THE CITY
OF SAN BERNARDINO MUST COMPLY IN ALL RESPECTS WITH ALL APPLICABLE SAFETY
REGULATIONS OF ALL REGULATORY COMMISSIONS OF THE FEDERAL GOVERNMENT
AND THE STATE OF CALIFORNIA.
11. LIABILITY FOR MATERIALS FURNISHED BY CITY
BIDDER ASSUMES COMPLETE LIABILITY FOR ANY MATERIALS FURNISHED BY CITY
TO BIDDER IN CONNECTION WITH ANY RESULTANT ORDER AND BIDDER AGREES TO
PAY FOR ALL SUCH MATERIAL DAMAGED BY IT OR NOT OTHERWISE ACCOUNTED FOR
TO CITY'S SATISFACTION.
12. INDEPENDENT CONTRACTOR
RELATIONSHIP OF THE BIDDER TO THE CITY SHALL BE THAT OF AN INDEPENDENT
CONTRACTOR.
13. INDEMNIFICATION AND CLEAN-UP
IF BIDDER'S WORK UNDER THIS BID INVOLVES PERFORMANCE BY BIDDER AT CITY'S
SITES OR FACILITIES, THE FOLLOWING PROVISIONS SHALL APPLY:
A. LIENS. BIDDER AGREES TO:
(1) INDEMNIFY AND HOLD HARMLESS CITY FROM ALL CLAIMS, DEMANDS,
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RES 93-276
SPECIFICATION NO. F-93-l3
CAUSES OF ACTION OR SUITS, OF WHATEVER NATURE, ARISING OUT OF
THE SERVICES FURNISHED BY BIDDER OR HIS OR HER SUBCONTRACTORS
UNDER THIS ORDER, AND FROM ALL LABORERS', MATERIAL PROVIDERS'
AND MECHANICS' LIENS UPON THE REAL PROPERTY UPON WHICH THE WORK
IS LOCATED OR ANY OTHER PROPERTY OF THE CITY.
(2) PROMPTLY NOTIFY CITY, IN WRITING, OF ANY SUCH CLAIMS, DE-
MANDS, CAUSES OF ACTION, OR SUITS BROUGHT TO HIS OR HER ATTENT-
ION. BIDDER SHALL FORWARD WITH SUCH NOTIFICATION COPIES OF ALL
PERTINENT PAPERS RECEIVED BY BIDDER WITH RESPECT TO THE SAME
AND, AT THE REQUEST OF CITY, SHALL DO ALL THINGS AND EXECUTE
AND DELIVER ALL APPROPRIATE DOCUMENTS AND ASSIGNMENTS IN FAVOR
OF CITY OF ALL BIDDER'S RIGHTS AND CLAIMS GROWING OUT OF SUCH
ASSERTED CLAIMS AS WILL ENABLE CITY TO PROTECT ITS INTEREST.
B. CLEANING UP
BIDDER SHALL AT ALL TIMES KEEP CITY'S PREMISES WHERE THE WORK IS PERFORM-
ED AND ADJOINING PREMISES FREE FROM ACCUMULATIONS OF WASTE MATERIAL OR
RUBBISH CAUSED BY HIS OR HER EMPLOYEES OR SUBCONTRACTORS, AND AT THE
COMPLETION OF THE WORK, SHALL LEAVE THE WORK "BROOM CLEAN" OR AS MORE
EXACTLY SPECIFIED.
14. PERMITS AND LICENSES
BIDDER AGREES TO PROCURE ALL NECESSARY PERMITS OR LICENSES AND ABIDE
BY ALL APPLICABLE LAWS, REGULATIONS, AND ORDINANCES OF THE UNITED STATES
AND OF THE STATE, COUNTY AND CITY IN WHICH THE WORK UNDER THIS ORDER
IS PERFORMED. BIDDER SHALL BE LIABLE FOR ALL DAMAGES AND SHALL INDEMNIFY
AND SAVE CITY HARMLESS FROM AND AGAINST ALL DAMAGES AND LIABILITY WHICH
MAY ARISE OUT OF THE FAILURE OF THE BIDDER TO SECURE AND PAY FOR ANY
SUCH LICENSES OR PERMITS OR TO COMPLY FULLY WITH ANY AND ALL APPLICABLE
LAWS, ORDINANCES, AND REGULATIONS.
15. DAMAGES
BY SUBMITTING A BID, EACH BIDDER AGREES THAT IN THE EVENT SERVICES ARE
NOT FULLY RENDERED WITHIN THE TIME OR TIMES SET FORTH PURSUANT TO THIS
SPECIFICATION, DAMAGE WILL BE SUSTAINED BY THE CITY, AND THAT IT IS
AND WILL BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ASCERTAIN AND DETER-
MINE THE ACTUAL DAMAGE WHICH THE CITY WILL SUSTAIN IN THE EVENT OF AND
BY REASON OF SUCH DELAY. THEREFORE, IT IS AGREED THE SUCCESSFUL BIDDER
SHALL PAY TO THE CITY AS FIXED AND LIQUIDATED DAMAGES, AND NOT AS A
PENALTY, A DOLLAR SUM IN THE AMOUNT OF $ 25.00 DOLLARS
PER CALENDAR DAY FOR EACH AND EVERY CALENDAR DAY'S DELAY IN RENDERING
SERVICES IN EXCESS OF THE TIME OR TIMES SPECIFIED. ANY BIDDER BELIEVING
LIQUIDATED DAMAGES SHOULD BE IN A LESSER AMOUNT MAY SO SPECIFY AS AN
ALTERNATE BID, WHICH THE CITY MAY ACCEPT OR REJECT. ANY DAMAGES SO
INCURRED MAY BE DEDUCTED BY THE CITY FROM THE AGREED UPON PRICE AT TIME
OF PAYMENT. IN THE EVENT THE SUCCESSFUL BIDDER FAILS TO RENDER SERVICES
AS SPECIFIED, BID AND AWARDED, WITHIN TEN CALENDAR DAYS OF SPECIFIED
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RES 93-276
SPECIFICATION NO. F-93-l3
CONTRACT DELIVERY DATE, THE CITY SHALL HAVE THE RIGHT TO TERMINATE
THE CONTRACT WITHOUT BEING LIABLE TO THE CONTRACTOR AND ACQUIRE SAID
ALTERNATE SERVICES AS THE CITY DEEMS APPROPRIATE. UPON SUCH TERMINAT-
ION, CITY SHALL BE UNDER NO FURTHER OBLIGATION TO BIDDER.
16. TERMINATION
CITY SHALL HAVE THE RIGHT TO TERMINATE THE WHOLE OR ANY PART OF ANY
AGREEMENT WITH BIDDER FOR ANY REASON BY GIVING THIRTY DAYS ADVANCE WRITTEN
NOTICE TO BIDDER.
17. DELAY BEYOND CONTROL OF BIDDER
IN CASE THE PERFORMANCE OF SERVICES UNDER THIS CONTRACT IS DELAYED DUE
TO STRIKES, INJUNCTIONS, GOVERNMENT CONTROLS, OR BY REASON OF ANY CAUSE
OR CIRCUMSTANCES BEYOND THE CONTROL OF THE CONTRACTOR, THE TIME FOR
DELIVERY MAY BE EXTENDED (IN CITY'S SOLE DISCRETION) BY A NUMBER OF
DAYS TO BE DETERMINED IN EACH INSTANCE BY MUTUAL WRITTEN AGREEMENT BETWEEN
THE SUCCESSFUL BIDDER AND THE PURCHASING AGENT OF THE CITY OF SAN BERNAR-
DINO, CALIFORNIA. CITY SHALL NOT UNREASONABLY REFUSE SUCH EXTENSION.
18. ACCEPTANCE OF BID CONSTITUTES CONTRACT
EACH BID WILL BE SUBMITTED AND RECEIVED WITH THE UNDERSTANDING THAT
THE ACCEPTANCE BY THE CITY OF SAN BERNARDINO OF THE BID TO RENDER SPECIFIED
SERVICES DESCRIBED HEREIN SHALL CONSTITUTE A CONTRACT BETWEEN THE SUCCESS-
FUL BIDDER AND THE CITY WHICH SHALL BIND THE SUCCESSFUL BIDDER ON HIS
OR HER PART TO PROVIDE SERVICES AT THE PRICE (BID) GIVEN AND IN ACCORDANCE
WITH PROVISIONS OF SPECIFICATION NO. F-93-l3
19. PROHIBITED INTEREST
NO MEMBER, OFFICER, OR EMPLOYEE OF THE CITY OR OF ANY AGENCY OF CITY
DURING HIS OR HER TENURE OR FOR ONE YEAR THEREAFTER SHALL HAVE ANY INTEREST,
DIRECT OR INDIRECT IN THIS CONTRACT OR THE PROCEEDS THEREOF. FURTHERMORE,
THE PARTIES HERETO CONVENANT AND AGREE THAT TO THEIR KNOWLEDGE NO BOARD
MEMBER, OFFICER, OR EMPLOYEE OF THE CITY HAS ANY INTEREST, WHETHER CONTRACT-
UAL, NONCONTRACTUAL, FINANCIAL OR OTHERWISE, IN THIS TRANSACTION, OR IN THE
BUSINESS OF THE CONTRACTING PARTY OTHER THAN THE CITY, AND THAT IF ANY
SUCH INTEREST COMES TO THE KNOWLEDGE OF EITHER PARTY AT ANY TIME, A
FULL AND COMPLETE DISCLOSURE OF ALL SUCH INFORMATION WILL BE MADE IN
WRITING TO THE OTHER PARTY OR PARTIES, EVEN IF SUCH INTEREST WOULD NOT
BE CONSIDERED A CONFLICT OF INTEREST UNDER ARTICLE 4 (COMMENCING WITH
SECTION 1090) OR ARTICLE 4.6 (COMMENCING WITH SECTION 1120) OF DIVISION
4 OF TITLE I OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
20. INTEGRATION OF DOCUMENTS
THESE SPECIFICATIONS, THE NOTICE INVITING BIDS, THE CONTRACTOR'S BID
PROPOSAL, ANY WRITTEN AGREEMENT EXECUTED BY THE PARTIES, ALL DOCUMENTS
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RES 93-276
,
I
SPECIFICATION NO.
F-93-13
REFERRED TO IN THE COMPLETE SPECIFICATIONS AND ALL MODIFICATIONS OF
SAID DOCUMENTS SHALL BE CONSTRUED TOGETHER AS ONE DOCUMENT. ANYTHING
CALLED FOR IN ANY ONE OF SAID DOCUMENTS SHALL BE DEEMED TO BE REQUIREC
EQUALLY AS IF CALLED FGR IN ALL. ANYTHING NECESSARY TO COMPLETE THE
WORK PROPERLY SHALL BER PERFORMED BY THE CONTRACTOR, WHETHER SPECIFICALLY
SET OUT IN THE CONTRACT OR NOT. ALL SECTIONS OF THE SPECIFICATIONS
SHALL BE READ AND INTERPRETED AS CONSTITUTING A WHOLE AND NOT AS AN
AGGREGATION OF INDIVIDUAL PARTS, AND WHATEVER IS SPECIFIED IN ONE SECT-
ION SHALL BE CONSTRUED AS APPLYING TO ALL SECTIONS.
21. PROMPT ~AYMENT DISCOUNT
EACH BIDDER MAY STIPULATE IN HIS OR HER BID PROPOSAL A PERCENTAGE PROMPT
PAYMENT DISCOUNT TO BE TAKEN BY THE CITY IN THE EVENT CITY MAKES PAYMENT
TO BIDDER WITHIN THE PROMPT PAYMENT TERMS OFFERED AND IN RECEIPT OF
COMPLETION OF SERVICES AND APPROVAL OF INVOICE. FOR THE PURPOSE OF
THIS PROVISION, PAYMENT IS DEEMED TO BE MADE ON THE DATE OF MAILING
OF THE CITY CHECK.
22. INQUIRIES
REFER ALL INQUIRIES REGARDING THIS BID TO Dean R. Meech, Purchasing Agent
(714) 384-5085.
23. FORM OF BID
NO BID WILL BE ACCEPTABLE UNLESS IT IS MADE ON THE PROPOSAL FORM FURNISHED
BY THE CITY HEREIN. DELIVER ALL BIDS, SIGNED AND SEALED, TO THE OFFICE
OF THE PURCHASING AGENT, 250 WEST CLUSTER STREET, SAN BERNARDINO, CALIF-
ORNIA 92408 WITH THE SPECIFICATION TITLE AND NUMBER CLEARLY MARKED ON
THE OUTSIDE OF THE ENVELOPE. ALL BIDS MUST BE RECEIVED IN THE OFFICE
OF THE PURCHASING AGENT BY 10:00 A.M. Thursday, March 18, 1993
WHERE AT SAID PLACE AND TIME SAID BIDS WILL BE PUBLICLY OPENED, EXAMINED
AND DECLARED. ANY BID MAY BE WITHDRAWN PRIOR TO THE ABOVE SCHEDULED
TIME FOR THE OPENING OF BIDS. ANY BID RECEIVED AFTER THE TIME AND DATE
SPECIFIED SHALL NOT BE CONSIDERED.
24. SEPARATE CONTRACTS
THE CITY OF SAN BERNARDINO RESERVES THE RIGHT AT ITS OWN DISCRETION
TO AWARD SEPARATE CONTRACTS FOR EACH CATEGORY OR AWARD ONE CONTRACT
FOR RENDERING OF ALL SERVICES IN ALL CATEGORIES.
25. ASSIGNMENT OF INTEREST
IN SUBMITTING A BID TO A PUBLIC PURCHASING BODY, THE BIDDER OFFERS AND
AGREES THAT IF THE BID IS ACCEPTED, IT WILL ASSIGN TO THE PURCHASING
BODY ALL RIGHTS, TITLE, AND INTEREST IN AND TO ALL CAUSES OF ACTION
IT MAY -HAVE UNDER SECTION 4 OF THE CLAYTON ACT (U.S.C. SEC. 15) OR UNDER
THE CARTWRIGHT ACT (CHAPER 2, COMMENCING WITH SECTION 16700, OF PART
2 OF DIVISION 7 OF THE BUSINESS AND PROFESSIONS CODE), ARISING FROM
PROVISION OF SERVICES BY THE BIDDER TO THE CITY PURSUANT TO THE BID.
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RES 93-276
(
SPECIFICATION NO.
F-93-13
SUCH ASSIGNMENT SHALL BE MADE AND BECOME EFFECTIVE AT THE TIME THE CITY
TENDERS FINAL PAYMENT TO THE BIDDER.
26. BID BOND
NO BID WILL BE ACCEPTED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED
BY THE CITY. ALL BIDS OR PROPOSALS SHALL BE SIGNED, SEALED AND
ACCOMPANIED BY A CASHIER"S CHECK, CASH, CERTIFIED CHECK OR BID BOND MADE
PAYABLE TO THE CITY OF SAN BERNARDINO IN THE AMOUNT OF AT LEAST TEN
PERCENT (10%) OF THE TOTAL BID. SUCH SECURITY SHALL BE APPLIED TO OR BE
REMITTED TO THE CITY OF SAN BERNARDINO, AS LIQUIDATED DAMAGES, SHOULD
THE BIDDER TO WHOM THE CONTRACT IS AWARDED FAIL TO ENTER INTO THE
CONTRACT. ALL BONDS FURNISHED PURSUANT TO THIS NOTICE MUST BE
UNDERWRITTEN BY A SURETY COMPANY, HAVING A RATING IN BEST"S MOST RECENT
INSURANCE GUIDE OF "A" OR BETTER.
27. FAITHFUL PERFORMANCE BOND
THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO FURNISH A CASHIER'S CHECK,
CASH, CERTIFIED CHECK OR FAITHFUL PERFORMANCE BOND MADE PAYABLE TO THE
CITY OF SAN BERNARDINO IN THE AMOUNT OF ne hundred (lOO %) OF THE
TOTAL BID TO INSURE THE CONTRACTOR'S PAITHFUL PERFORMANCE OF THE
CONTRACT. SAID SURETY SHALL BE SUBJECT TO THE APPROVAL OF THE CITY OF
SAN BERNARDINO, BONDS SHALL BE IN ACCORDANCE WITH CHAPTER 2.56 OF THE
SAN BERNARDINO MUNICIPAL CODE AND THE CORPORATION ISSUING SAID BOND
SHALL HAVE A RATTING IN BEST'S MOST RECENT INSURANCE GUIDE OF "A" OR
BETTER.
28. INSURANCE
BIDDER AGREES TO PROCURE AND MAINTAIN IN FORCE DURING THE TERM OF ANY
AGREEMENT RESULTING FROM ITS BID, AT HIS OR HER EXPENSE, PUBLIC
LIABILITY AND PROPERTY DAMAGE INSURANCE IN COMPANIES AND THROUGH BROKERS
APPROVED BY THE CITY, ADEQUATE TO PROTECT AGAINST LIABILITY FROM DAMAGE
CLAIMS ARISING OUT OF BIDDER"S OPERATIONS IN A MINIMUM AMOUNT OF
$ 1,000,000.00 liability combined single limit .and 30 days notice of cancellation.
BIDDER SHALL PROVIDE THE CITY'S RISK MANAGEMENT DIVISION A CERTIFICATE
OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT WHICH PROVIDES:
A. CITY OF SAN BERNARDINO IS AN ADDITIONAL INSURED.
B. THE INSURANCE COMPANY NAME, POLICY NUMBER, PERIOD OF COVERAGE
AND AMOUNT OF INSURANCE.
C. THAT THE CITY CLERK OF THE CITY OF SAN BERNARDINO MUST BE
GIVEN NOTICE IN WRITING AT LEAST THIRTY DAYS PRIOR TO CANCEL-
LATION, MATERIAL CHANGE, OR REFUSAL TO RENEW THE POLICY.
D. THAT BIDDER'S INSURANCE WILL BE PRIMARY TO ANY COVERAGE THE
CITY OF SAN BERNARINO MAY HAVE IN EFFECT.
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RES 93-276 Page 1 of 4
C I T Y 0 F S A N B E R N A R D I N 0
T E C H N I C A L S P E C I F I CAT I 0 N S
BID SPECIFICATION NO. F-93-13
LIBRARY AUTOMATION SYSTEM - SOFTWARE ONLY
I T E M D E 5 C R I P T I 0 N
NOTICE . "SPECIAL INSTRUCTIONS TO THE BIDDER"
.
, Services:
Bidder s ha 11 complete right hand column indicating brief reasoning for
I exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth on left hand column.
Equipment: ,
Bidder shall complete right hand column indicating specifi c size and/or make
and model of all components when not exactly as specifi ed. State liAs Specified"
if item is exactly as set forth in the left hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID.
SPEC:?IC.~TIONS
DAT)1.3.:"'SC: (A)
! l. The database must su?port !'<1.Jl.RC and non-~RC records.
2. The system must have protec~ion against inadvertent deletion
of. .::-ecords (both bibliographic and patron) .
3. .. must be possible to control the processes tha t can be done
h
at any terminal by use of passwords.
i 4. The library must be able to reassisn and delete a complete
, set of passwords without vendor intervention.
i
I
5. The system must prevent allocation of duplicate barcode number:::
wr.erever used in the system.
5. The system must support multiple libraries.
!~UTHORITY CONTROL (B)
-- The system must be able to use MARC and non-MARC cross
references ( "see" and "see also") .
2. The system must be able to globally change authors and
subject headings.
3, The system must alert the library to duplicate call
numbers, invalid headings, and blind references.
l H
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RES 93-276 -
BID SPEC: 1 3-13 PAGE 2 OF 4
PCBL:C CATALOG (C)
l. ':':-.e system must be user friendly
a. The systel'iL must-be menu and command driven.
b, The on-line catalog must be easy to use by both
novices and experienced users.
, ' Help screens must be available at any point in a search.
C, After reading a help message, the system must return the
patron immediatley to the sea:::ch point previously reached.
2. ':':-.e system must allow the patron to search by author, title,
s.,;bject, series, keyword and Dewey Decimal call number. If no
eX:i.ct match system should display records similar.
3. T::e library must be able to determine (and c:,ange) the
c::::",tents of the beginning search screen and able to input
" i:"..:ormation screens" (hours open, comments, etc. )
, ':':-,e circulation, or the "on order n , status of an item must be ,
, ,
listed in the record information.
o. ':'::e oatron must be able to move back-....ard and forward, exploring
a:"~e:::-native paths without having to retrace the entire
o:::-i.ginal search. -
6. T::e patron must be able to stop, or exit, r:::-om any point duri:lg
e, search.
:IRC:::'.;TION (D)
L ?a-::::-on records must be accessible by barcoces as well as
by ;'.ame or identification number keyed in.
2. ':':-.e patron 1 s name must be displayed after t:,e barcode is
wanc.ed in.
3, The system must automatically block patrons with overdue
ma:.erials, expired library cards, too many items checked
out, or outstandi:1g fines from being able to check out
:f.ore items. The system must include the ability to override
-:'!";1.S blOCK.
'- AI: fines a patron has outstanding, all items a patron has
c::ecked out, an.d all holds a patron has shall be easily
accessed and displayed.
o. T:-:.e system must provide for the display of a note fie ld
on the patron record screen.
o. Patron records must be immediately updated (fines paid,
items checked in and out, access blocked or block removed,
etc. )
, 7. Item records must be accessible by barcodes as well as by
I information being keyed in.
~ , T;,e system must block an item from being checked out if it
is on hold for another patron, is a non-circulating item,
is checked out to another patron, is recorded as lost, or is
non-circulating to this type of patron. The library must
bave the option to override these blocks.
~::I. ~he library must be able to assign variety . dates
a 0: oue
c.e?ending on the type of item and the type of. patron.
- - -, ------- ~ - ------
RES 93-276 -
BID SPEC: F-9? 3 PAGE 3 OF 4
,
10. The system must be able to circulate items that do not have
bibliographic records in the database or that have been
temporarily borrowed from another library. The system must
allow checkout for items with missing barcodes.
11- The status of items checked in or out must immediately be
reflected in the online public catalog.
12. The system must be able to handle a variety of renewal
policies ( nUwber of renewal, renewal periods, etc. )
13. The library must be able to change and add to loan rules
at any time (limit on number of items checked out, length
, of item circulation, etc. )
14. T;,e system must contain a calendar on which days the library
is closed can be entered, so that due dates do not fall on
those days and fines are not charged for those days.
15. The system must allow multiple items to be checked out after
, e:1.tering a single patron.
i 16. The system must not assign a due date later than the
! expiration date of the patron's card.
17. The system m1.1st assure that all items are charged to the
appropriate patron.
118. The system must automatically alert the library staff if the
item being checked in has the status of missing, lost or
overdue.
19. The system must have the ability to check in ite:=:.s whose
barcodes are missing.
20. The library must have the option of limiting the number
of holds placed by each patron.
2l. The system must automatically genera te overdue notices at
intervals specified by the library. Overdue notices must
i:1clude, at a minimum, the call number, title, author,
, item number, due date and replacement price. These notices
I
must be able to be produced in a format suitable for notices
currently being used. The library must be able to change
the text of notices based on the number of previous notices
,
, sent, the type of patron, the type of item, etc.
22. The system must permit an operator to tag an item as
"borrower claims item returned, " and keep a record of such
tags.
,REPORTS (E)
1- Searches must be recorded for analysis by library staff
(what the searches were, whether there was a hit or not,
time of day of searches, day of week, etc. )
2. The system must be able to generate circulation reports
capable of comparing current month with past months, past
years, etc.
3. Circulation and renewal statistics must be available by
patron type and by Dewey breakdown.
4. The system must be able to produce detailed reports on items
ha"ing circulated more or less than a specified number of
times, and on how many times a hold has been placed on items.
,
! .
r
RES 93-276
BID SPEC:
PAGE
F-93-d
5. The system must generate financial reports for the amounts
paid for fines, lost books and other charges. The reports
must conform to generally acceptable auditing procedures.
6. The system must be able to produce printed reports upon
demand.
,o,.!69f--c c-----;,.:fi9l
City Librarian
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