HomeMy WebLinkAbout5123RESOLUTION NO. 5123
A RESOLUTION APPROVING THE EXECUTION OF AN AGREEMENT
WITH CONTROL DATA CORPORATION FOR LOCAL GOVERNMENT
INFORMATION NETWORK (LOGIN) SERVICE, AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME, AND TRANSFERRING FUNDS
TO COVER THE COST OF SAID SERVICE.
WHEREAS, it has been deemed beneficial for the City to participate
in the Local Government Information Network;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
Section 1.
The City Hanager is hereby directed and authorized to execute the
attached contractual agreement for Login Service and the addendum thereto.
Section 2.
Funds in the amount of $3,500.00 shall be transferred from Account
No. 001 - 0190- 195 -0- 030 -0501 to Account No. 001 - 0100 - 103 -0- 030 -0031 to
provide for the cost of said service.
INTRODUCED April 11th , 1983
BY Harold Mabie, Jr.
COUNCILMAN
APPROVED:
RESIDENT OF HE CITY COUNCIL
ATTEST:
CkTY CLERK
V �
9 C IaATA Agreement for
C =TION Local Government Information Network (LOGIN) Service
Special NLC package for NLC members, State Leagues, and State League member.
Customs r City df Pueblo
street Address #1 City Hall Place
M
Pueblo
state Colorado yip 81003
"Customer" contracts for and Control Data Corporation ( "CW ROL DAM ") by its acceptance and execution hereof at
Minneapolis, Minnesota, agrees to provide Local Government Information Network service ( "LOGIN "). "LOGIN" Service as
described below will be provided in accordance with the terms and conditions contained in this Agreement, including
specifically Article 5, Disclaimer of Warranty and Limitation of Remedies.
1. LOGIN SEWICE: This agreement constitutes an order for LOGIN service as hereinafter described:
a) Customer may access the Local Government Information Network data base by means of telephone contact to the
Control Data system. Customer shall provide its own terminal and be responsible for any telephone charges
to the Control Data entry point.
b) Customer may search in an on -line interactive mode the computerized Local Government Information Network
Data Base (hereinafter "Data Ease ").
c) Customer will be permitted access to the LOGIN service for a maximum of 200 hours (wall -clock time at 10-30
cps). Control Data will notify Customer when access time approaches 200 hours.
d) Customer's service will include the capability of corresponding with other users of LOGIN Service and with
Control Data staff through an appropriate notes file and with a Control Data - supplied identification code.
Each customer will be supplied with two (2) identification codes and two (2) copies of the LOGIN User
Manual. Customer will be included in a periodically distributed listing of LOGIN customers and in the
cn -line directory of identification codes.
e) Customer will receive support services from the Control Data staff via on -litre messaging and a toll -free
HXLINE telephone number. Q-2
2. TERM: this Agreement becomes effective as of I 190-4 and shall continue for an initial term of
one (1) year except as provided in Article 4. This eement shall renew automatically for a period equal to the
initial term unless terminated by either party upon at least thirty (30) days written notice prior to the
expiration of the then current subscription term.
3. , MICE LWjrES: The fee for the LOGIN service is $ 500.00 for the initial term payable in two installments.
Control Data shall bill Customer for $500.00 on the effective date of subscription and for $2000.00 180 days after
the first billing date or on Lecember 27, 1983, whichever is sooner. The fee for the second term will be
$3,000.00 and it and all subseauent terms shall be billed a': the effective a=te of -%e he:, current ter-m. .11
fees are due and payable 30 days from date of invoice from Control Data.
4. TERMIINATION: Customer has the option to terminate this Agreement within 120 days of the effective date of the
intial subscription term or on or before December 16, 1983, whichever is sooner. If Customer exercises this
option, it will be liable for no part of the $2000 second payment.
S. Responsibilities
a) Customer agrees that all searching and terminal access executed on the Control Data System will be
exclusively in connection with the LOGIN service provided in this Agreement.
b) Customer agrees to abide by the rules and regulations of the International Itleocmounications Regulatory
Agencies which prohibit Control Data from using communications services it leases from international and
foreign communications carriers to transmit information for its users which is not part of a "single inte-
grated" data processing service. All information transmitted from the United States to a foreign country or
to the Unified States from a foreign country or from one foreign country to another foreign country or within
any foreignl country must be directly related to the data processing applications or service provided by
Control Data and unprocessed information shall not be allowed through the service between user terminals,
either directly or on a store -end- forward basis.
a) ALL IMUE^ P MITIES, IDXCLJ)DING WITHOUT LIMIITATICN ANY 14ARRANPIFS OF WFICHANPABILLTY OR FITNESS POR A
PARTICULAR PURPOSE, ARE HEREBY DISCIAIM LD AND E XC71JDM 13Y OTTROL DATA.
b) Control Data sakes no representations or warranties, whether express or implied, with respect to the accur-
acy or availability of the information described on the Data Base, the content of the information suggested
by the summary thereof, or that the use of or the results of the information stored on the Data Base and
obtained hereunder will not infringe any patent, copyright, trademark or proprietary right of any third
person. It is understood that Control Data is not an agent or representative of any party storing
information on LOGIN.
C) Control Data shall be liable for the loss or destruction of Customer's information while stored on the Data
Buse if such loss or destruction was due to the negligence of Control Data, and QustAmez'a sole remedy for
such loss or destruction shall be the restoration of suds lost cc destroyed data, provided that such
restoration can reasonably be performed by Control Data and Custos►er provides Control Data with all source
data necessary for such restoration.
d) Control Data shall not be liable for any loss or damage caused by delay in furnishing LOGIN service or any
other performance under or pursuant to this Agreement.
e) Customer's sole and exclusive remedies for Control Data's liability of any kind (including liability for
negligence) under or pursuant to this Agreement shall be limited to the restoration of lost or destroyed
data pursuant to Article 6. c.
f) IN NO EVENT SHALL CONTROL DAW S LIABILITY OF ANY KIND INCLAM MY SPECIAL, INCIDENTAL OR OCNSDUUENTIAL
DAMAGES. EVEN IF COMM DATA SHAW. HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LASS OR DAMAGE.
7. GENERAL PRCIVIMONS:
a) Customer shall not have the right to assign or otherwise transfer its rights or obligations under this
Agreement nor to resell cc allow third parties to use the LOGIN service except with the prior written
consent of Control Data.
b) 1lhis Agreement shall be governed by the laws of the State of Minnesota.
c) THIS AMMI NT SUPERSEDES ALL PROPOSALS. ORAL OR WRITTEN, AMID ALL NIMOTIATIONS, C`7NVERSATIMS, OR DISCUS- -
SIONS HEWMFOFE HAD BETd= THE PANES REZATFA TO THIS AGRERIENT. CUS %E:R AQQX*LEDGES THAT IT HAS NOR`
MW DMIJCED TO ENTER. INTO THIS AGFEE!*Tr BY ANY REPREWMTIONS OR SDm,T11t2M, ORAL OR WRITTEN, NOT
EXPkFSSLY CONTAINED HEREIN. THE T LS AND COWITIONS OF THIS AGREEt Nr SHALL PREVAIL, NOTWITHSTANDING ANY
VARIANCE WITH THE TER14S AMID CONDITIONS OF ANY ORDER OR CIMM INSLRUM&n sUHmniTED BY CUSTOMER UNI.SSS AGREEL
TO IN'WRITING BY COORM DATA.
d) this Agreement shall not be deemed or construed to be modified, amended, rescinded, cancelled, or waived, in
whale or in part, except by written amendment signed by the parties hereto.
e) No action, regardless of form, arising out of the transactions under this Agreement may be brought by either
party more than two (2) years after the cause of action has accrued.
• . • am• •, r 1 r•+�la a ,u • � • w �. � u a�• - u. r � I} ,r : • n m71"+D1:
;alas• �•
3 (Signature)
Fred E. Weisbrod
Print or Type Name
TITLE City Manager
HATE April 5, 1983
F1mi�M >J4>! -?
(Signature)
Tom Lehman
(Print or Type Name
TTra LOGIN Marketing Manager
DATE Z �3
Return to:
LOGIN
Control Data Corporation
Box 0 HOS02F
Minneapolis, Mn 55440
Addendum to and made a part of
an Agreement for
Local Government Information Network (LOGIN) Subscription between
CONTROL DATA CORPORATION ( "CONTROL DATA ") and
City of Pueblo ("CUSTOMER")
CONTROL DATA and CUSTOMER agree that the above referenced
Agreement is amended as follows:
CONTROL DATA will arrange for CUSTOMERS use of a 3M Whisper Writer
terminal for the initial term of this Agreement. CUSTOMER under-
stands that this terminal will be provided by 3M Corporation and
that 3M is solely responsible for the proper functioning of the
terminal. CUSTOMER further understands that it must complete a
3m maintenance agreement and remit to 3M a $50 nonrefundable
installation charge and $175 first year maintenance charge prior
to terminal installation.
CONTROL DATA disclaims any liability for the performance of the
3M Whisper Writer terminal and CUSTOMER agrees not to hold CONTROL
DATA responsible for any problems associated with the performance
of the 3M Whisper Writer.
CUSTOMER understands that this terminal is provided only as a part
of the LOGIN service. If this Agreement is terminated for any
reason including Article 4, CUSTOMER agrees to return terminal to
CONTROL DATA immediately.
CUSTOMER agrees to accept responsibility for any damage or loss
while the terminal is in CUSTOMER's care, normal wear and tear
excepted.
CONTROL DATA agrees to purchase the terminal on CUSTOMER's behalf
at the time of renewal of the above referenced Agreement for a
second year and will release title of the terminal to CUSTOMER
upon receipt of second year LOGIN fees from CUSTOMER. CUSTOMER
agrees to continue 3M maintenance service until title transfer has
occurred. CONTROL DATA recommends continuing the maintenance
service beyond that point.
Except as provided above, all terms and conditions of the above
referenced Agreement will remain in full force and effect.
AGREED TO:
BY
Fred E. Weisbrod
(print or type name)
ACCEPTED BY:
CONTROL DATA C ' =� TION
BY' �
Tom Lehma
(print or type name)
TITLE Ci Hanaaer
DATE April 5, 1983
TITLE L // GIN Market; n" Manager
DATE T/ °A-31