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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