Loading...
HomeMy WebLinkAbout13- Library . Y OF SAN BERNAR DINO - REQUEST FAR COUNCIL ACTION Cit Librarian Subject: Automation Library System Software From: Robert Ewin g Y Dept: Library Date: July 21, 1993 Synopsis of Previous Council action: None Recommended motion: Adopt resolution Signature Contact person: Robert Ewing. City Librar' Phone: 381-8210 Ward: Supporting data attached: yes $67,069. 15 Source: 772'471'24910 FUNDING REQUIREMENTS: Amount: Don on Fo a 'brary Finance: Council Notes: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The San Bernardino Public Library is the last library of its size in the State to finally automate its basic services . We may be the last in the country--I 'm not sure . Most libraries are on their 3rd or 4th system already. The Library Board is not complaining too much about being so slow. Actually, it has been a blessing in disguise because many of the problems of earlier systems have been solved and today' s system is much cheaper and much more efficient than any of its predecessors . We had hoped to open the Feldheym Library in 1985 with a full blown turn-key system, but the Council in their wisdom did not want the cost (some $300 , 000 then) to be financed over the entire time of the construction loan, so it was suggested that we add it to our next budget instead. Of course , it has been impossible to add that kind of money to any of the succeeding budgets . We did manage however, to get a part of our system installed by bits and pieces using funds that were earmarked for data processing and overall City automation. Currently, we have a home grown circulation system that is okay but not anywhere near state-of-the-art. It was designed by a consultant who had no previous library experience . We now have funds to purchase the software that will run on the City' s hardware. Last August, we approched the M.I .S . committee with a proposal to start searching for the software package. We were finally given approval and did an extensive search of the library system vendors . Most were not interested because of the UNIDATA interface that is needed to be compatible with the City hardware. However, we did find one company that runs all their systems on UNIDATA and would be glad to provide our software. We have now gone through the bid process just to make sure that General Automation, Inc. , is the only company that can do the job and also offer the best bid. They fit the bill in both cases. Purchasing with the library help drew up the appropriate specifications which were published and furnished to area suppliers . Bids were publicly opened and declared on March 18 , 1993 . The following is a summary of bids received. COMPANY TOTAL BID (INCLUDING TAX) Data Reseach Associates No Bid No Bid VTLS No Bid Inlex Brodart Automation No Bid D $81 , 492 . 00 ynix Inc $ Innovative Interfaces ,590 . 35 $67 *General Automation $67 ,069 . 15 Ten (10) suppliers of this commodity were solicited. Three (3) suppliers did not respond to the bid. Four (4) suppliers offered a No Bid and three (3) suppliers offered valid bids . ww Staff Report Library Automation System Page 2 The bids specifications were further reviewed with the purchasing agent, and we agreed that General Automation meets the specifications and requirements. It was then recommended that a contract be drawn up by the City Attorneys Office and that we go to Council for approval . By automating our circulation system, our catalog, and our Technical Processing Section, we will at last be able to join the rest of the libraries in this country as an up-to-date library. It will save us much manual labor filing cards, give better access to our collections, keep our patrons honest by efficient follow-up, be a great morale boost to our staff, and provide increased service to our patrons . By making this investment, using money form the Friends of the Library and money we already have in our special Bing Wong Account (Bing Wong is the library benefactor who donated money to the library that may be used only to update service or purchase materials) , we hope to make Automation the best library event of the year. This new system will benefit both library employees and the citizens of this community, not only today but for many years to come. Robert Ewing City Librarian RE :mb 0 1 RESOLUTION NO. 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-93-13 . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS : 6 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 . 15; 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. 12 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 SECTION 3 . The authorization to execute the above- 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 20 adopted by the Mayor and Common Council of the City of 21 San Bernardino at a meeting thereof, held on the 22 day of , 1993, by the following vote, to wit: 23 24 25 26 27 28 1 1 Council Members : AYES NAYS ABSTAIN ABSENT 2 NEGRETE 3 CURLIN 4 HERNANDEZ 5 OBERHELMAN 6 OFFICE VACANT 7 POPE-LUDLAM 8 MILLER 9 10 City Clerk 11 The foregoing resolution is hereby approved this day 12 of , 1993 . 13 14 Tom Minor, Mayor City of San Bernardino 15 Approved as to 16 form and legal content: 17 JAMES F. PENMAN, City Attorney 18 19 By./ w 20 21 22 23 24 25 26 27 28 DCR:GENAUTO.RES 2 July 21, 1993 e A G R E E M E N T THIS AGREEMENT is made and entered into this day of 1993, by and between the City of San Bernardino, a municipal corporation, 300 North "D" Street, San Bernardino, California 92418, (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: 1. 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 : 1 . 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-93-13 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 . 1 A, 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 teams 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 "W' , 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 City' 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 FLA/aL[GenAuto.Agr] July 21 , 1993 2 p City' s computer system. 3 . Payment and Provision for Payment. A. Compensation. 1 . Compensation to be paid by the City for software, installation, training and first year maintenance shall be $67 , 069 . 15 . 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. 2 . Vendor shall assume and pay all out of pocket FLR/aLC6enAuto.Agr1 July 21, 1993 3 t 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. Assignment. 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/aLEGenAuto.Agr] July 21, 1993 4 p 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.Agr] July 21 , 1993 5 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 . 10. 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. 11. 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 FLR/aL[GenAuto.Agr] July 21, 1993 6 0 12. Entire Agreement. 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: BY: Tom Minor, Mayor APPROVED AS TO FORM AND SAN BERNARDINO PUBLIC LEGAL CONTENT: LIBRARY, BOARD OF TRUSTEES James F. nman BY: City Attorney Jack Hill, President FLR/aL[GenAuto.Agr] July 21, 1993 7 GENERAL AND TECHNICAL SPECIFICATIONS SPECIFICATION NO. F-93-13 PROVISION OF PROFESSIONAL SERVICES FOR Automated Library System Software THE CITY OF SAN BERNARDINO, CALIFORNIA NOTICE TO BIDDERS 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-93-13 INCLUDES BOTH THE GENERAL AND TECHNICAL SPECIFICATIONS SET FORTH. -1- c.,� _ .• R1 8-10-89 '-.IFICATION NO. F-93-13 s • GENERAL SPECIFICATIONS E 1. MINIMUM REQUIREMENTS EACH BID SHALL BE IN ACCORDANCE WITH SPECIFICATION NO. F-93-13 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 BEST AND ALL BIDS AND TO AWARD A THE OF BIDDER M IN WHO IRREGULA RI IOR REQUIREMENTS. THIS MAY INCLUDE 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 Sixty ( 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 —2— Svc R1 1-10-91 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 1.N 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. IN`EMNIFICATION 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, -3- c.,, R1 8-10-89 SPECIFICATION NO. F-93-13 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 -4- Pi R-in-Rq SPECIFICATION NO. F-93-13 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-93-13 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 -5- C11 - R1 8-10-89 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 REQUIRES 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 PAYMENT 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. -6- Svc Rl 8-10-89 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 (100 %) OF THE TOTAL BID TO INSURE THE CONTRACTOR'S AI HFUL 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 2.66 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. -7 ni o_in-oo Page 1 4 • CITY OF SAN 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 C A T I O N S BID SPECIFICATION NO. F-93-13 LIBRARY AUTOMATION SYSTEM - SOFTWARE ONLY I T E M D E S C R I P T I O N NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right hand column indicating brief reasoning for 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 specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID. SPEC=?ICATIONS OAT—=..SE (A) i . The database must support MARC and non-MARC records. 2. The system must have protection against inadvertent deletion of records (both bibliographic and patron) . 3. It must be possible to control the processes that can be done at any terminal by use of passwords. 4. The library must be able to reassign and delete a complete se*_ of passwords without vendor intervention. i. The system must prevent allocation of duplicate barcode numbers wherever used in the system. 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. PAGE 2 OF _A- DID SPEC: -13 PGBL:C CATALOG (C) i e system must be user friendly a. The system 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. d. After reading a help message, the system must return the patron immediatley to the search point previously reached. Tie system must allow the patron to search by author, title, sabject, series, keyword and Dewey Decimal call number. If no exact match system should display records similar. 3. Tae library must be able to determine (and change) the contents of the beginning search screen and able to input _..formation screens" (hours open, comments, etc. ) ;. T�:e circulation, or the "on order" , status of an item must be listed in the record information. 5 . T=e patron must be able to move backward and forward, exploring a_ternative paths without having to retrace the entire original search. o. _..= patron must be able to stop, or exit, from any point during a search. _IRC:."=ATION (D) Patron records must be accessible by barcodes as well as zv name or identification number keyed in. 2. The patron's name must be displayed after the barcode is wanded in. 3. The system must automatically block patrons with overdue materials, expired library cards, too many items checked out, or outstanding fines from being able to check out more items. The system must include the ability to override -.'-is block. �. All fines a patron has outstanding, all items a patron has c'-.ecked out, and all holds a patron has shall be easily accessed and displayed. 5. The system must provide for the display of a note field on the patron record screen. D. Patron records must be immediately updated (fines paid, items checked in and out, access blocked or block removed, etc. ) Item records must be accessible by barcodes as well as by information being keyed in. 3. The 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 have the option to override these blocks. 1. The library must be able to assign a variety of due dates depending on the type of item and the type of patron. 4 • BID SPEC: F-97 3 PAGE 3 OF 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 Dolicies (number 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. The 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. '_5. The system must allow multiple items to be checked out after entering a single patron. _6. The system must not assign a due date later than the expiration date of the patron's card. .7. The system must assure that all items are charged to the appropriate patron. A. The system must automatically alert the library staff if the item being checked in has the status of missing, lost or overdue. 9. The system must have the ability to check in items whose barcodes are missing. 0. The library must have the option of limiting the number of holds placed by each patron. I. The system must automatically generate overdue notices at intervals specified by the library. Overdue notices must include, at a minimum, the call number, title, author, item number, due date and replacement price. These notices 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. 2. The system must permit an operator to tag an item as "borrower claims item returned," and keep a record of such tags. SPORTS (E) 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.) 1. The system must be able to generate circulation reports capable of comparing current month with past months, past years, etc. Circulation and renewal statistics must be available by patron type and by Dewey breakdown. The system must be able to produce detailed reports on items having circulated more or less than a specified number of times, and on how many times a hold has been placed on items. BID SPEC: F-93= N PAGE 4 OF 5. T:e 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. 5. The system must be able to produce printed reports upon demand. /?Z9 Robert Ewing Date City Librarian