HomeMy WebLinkAboutOrdinance 4491 ORDINANCE NO. 4491
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
CONTRACT WITH TECH LOGIC CORPORATION IN THE
AMOUNT OF THREE HUNDRED NINETY-FIVE THOUSAND
SIX HUNDRED THIRTY-TWO DOLLARS ($395,632.00) FOR
THE PURCHASE OF AN AUTOMATED CONVEYOR, CHECK-
IN AND SORTING SYSTEM FOR THE NEW PUBLIC LIBRARY.
WHEREAS, Tech Logic Corporation is currently the only manufacturer producing state-of-
the-art automated conveyor, check-in and sorting systems suitable for the needs of the new library,
thus making it the sole source provider of such equipment, and;
WHEREAS, the City Council finds that such circumstances constitute an exceptional
situation where competitive bidding is not feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby waives the
requirements of formal competitive bidding and approves a contract with Tech Logic Corporation in
the amount of Three Hundred Ninety-Five Thousand Six Hundred Thirty-Two Dollars ($395,632.00)
for the purchase of an automated conveyor, check-in and sorting system for the new Public Library.
PASSED and APPROVED this 3`d day of June, 2003 .
APPROVE .
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d yDAN COODY, Mayor
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CONTRACT FOR AUTOMATED MATERIALS HANDLING SYSTEM
CONTRACT No. 15000068
THIS CONTRACT FOR AUTOMATED MATERIALS HANDLING SYSTEM (hereinafter referred
to the "Agreement") is made and entered into on the date of execution, by and between Fayetteville Public
Library. AR , (hereinafter referred as the "Library"), and Tech Logic
Corporation, a corporation duly organized and existingunder the laws of the State of Wisconsin, (hereinafter
referred to as "Tech Logic").
THE PARTIES RECITE AND DECLARE THE FOLLOWING:
A. The Library desires and requests Tech Logic to design, construct and install an Automated
Materials Handling System in the Library, to check-in via RFID, receive, convey, sort and
deliver books and other materials to and from locations within the Library; and
B . Tech Logic possesses the skill, experience, knowledge and qualifications to design, develop,
install and implement an Automated Materials Handling System as required by this
Agreement.
NOW, THEREFORE, in consideration of the hereinabove recitals, and the amounts to be paid, and
of the mutual promises, representations, warranties, covenants and agreements hereinafter stated, and upon
the terms and subject to the conditions hereinafter set forth, THE PARTIES AGREE AS FOLLOWS :
ARTICLE 1
DEFINITIONS
The following terms and phrases shall have, for the purposes of this Agreement, the meanings set
forth below, unless a different meaning is clearly required by the context.
1.01 "ACS" means the Library's automated system for tracking, recording and accounting for the location,
lending and return of library materials, as the system is existing on the date of execution of this
Agreement, and as the same may, from time to time be modified or enhanced.
1.02 "AMH System" means the Automated Materials Handling System comprised of all hardware,
software and material components sold by Tech Logic and purchased by Library under this
Agreement.
1.03 "Agreement" means this Contract for the AMB System and all attachments, Exhibits and
` Appendices incorporated herein, including all modifications, amendments and Change Orders
executed in accordance with the requirements set forth herein.
1.04 "Change Order" means a written order for any change in the goods or services to be provided under
this Agreement which increases or decreases the total contract price to be paid by Library hereunder,
which Change Order shall be in the form of the Change Order attached hereto as Exhibit E. No
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Change Order will be effective to change the contract price hereunder, unless signed by the party
who will bear the cost of the change.
1.05 "Effective Date" means the date on which this Agreement is executed by all required signatories.
1.06 "Final Notice of Completion" means Tech Logic's Notice of Completion which has been executed
by Library to evidence Library's acceptance of the installation of the AMH System.
1.07 "LAV" or "Library Automation Vendor" means a supplier of computer software capable of
processing and recording the Library's materials lending activities, including book check-out and
check-in.
1.08 "Manufacturing Design" means the final design for manufacture of the AMH System. The
drawings in the Manufacturing Design serve as the "blueprint" for the manufacture and assembly
of the system component parts. The Manufacturing Design must be certified by an engineer licensed
in the State of the 'location of the Library as complying with all applicable requirements of the
Uniform Building Code as adopted by the State of the location of the Library, including all
engineering calculations for seismic restraints.
1.09 "Notice of Completion" means Tech Logic's written Notice of Completion to Library that
installation has been completed and is ready for testing by Library, which Notice of Completion shall
be in the form of the Notice of Completion attached hereto as Exhibit F.
1.10 "Project Manager" means the individual designated as such by Tech Logic, having substantial
knowledge and experience with respect to all aspects of the AMH System development,
manufacture, installation and testing, including but not limited to the machinery, software,
engineering, hardware and related theories utilized in the design, development, installation, testing
and operation of the System.
ARTICLE 2
STATEMENT OF WORK
2.01 The AMR System. The AMH System shall be designed by Tech Logic in collaboration with
Library and shall be manufactured and installed in accordance with the plans and specifications
contained in Exhibit A "System Layout Drawings and Components." The work shall be performed
in a workmanlike and commercially reasonable manner. All materials used in the AMH Systemshall
be new.
A. Manufacturing Design - AMH System. Commencing on the Effective Date, Tech Logic
shall complete the AMH System Manufacturing Design, based on the Plans contained in
Exhibit A "System Layout Drawings " and designed to achieve the functionality described
in Ex hibit B "Description of Functionality ofAMH System." Upon completion and approval
by Library, a written Notice of Completion of the Manufacturing Design for the AMH
System shall be delivered to Library, which Notice shall specify Tech Logic's estimated date
of in-factory testing.
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B . Shipment and Insurance.
( 1 ) Shipment. Shipment of the components shall be FOB at the plant of Tech Logic.
All shipment charges shall either be forwarded to the Library for direct payment or
shipped collect to be paid for by the Library on delivery. Tech Logic agrees to
acquire a commercially competitive and appropriate method of shipment and
packaging of the components, on handleable wood pallets. At the discretion of
Tech Logic, Tech Logic may elect to deliver the entire System or any portion
thereof via Tech Logic's own trucks.
(2) Insurance. Shipment of the components must be insured for an amount equal to the
replacement value of the components shipped, said insurance cost to be paid by the
Library.
C. Deliverv.
( 1 ) General. Delivery of all components shall be made to a location mutually agreed
by the parties in advance. Tech Logic shall coordinate deliver of all components
with the Library.
(2) Storage. The Library shall provide safe enclosed storage of all components of the
AMH System. Should storage of the AMH System at the site be unavailable, the
components of the AMH System shall be delivered to a storage space designated by
Library, and the Library shall be responsible for delivery of all components of the
AMH System from such storage space to the Library for installation.
2.02 Installation and Testing.
A. Pre-Shipment Factory Testing. Tech Logic shall assemble and test the AMH System at its
facilities prior to shipment to the Library. The Library may elect to attend each in-factory
system test at the Library's expense.
B . Installation. The AMH System shall be installed at the Library by Tech Logic in one or
morehp ases , with the first phase of installation within a reasonable period time of the
delivery of the AMH System to the Library. Installation of all components purchased
hereunder will be made, with the assistance of Library and its agents as provided in Article
3. Tech Logic shall assist the Library in any technical conversations with the LAV
regarding the interface of the AMH System software with the ACS .
Tech Logic shall be responsible for providing all lifts, scaffolding, tools and other needed
equipment as required to install all AMH components. It shall be the responsibility of Tech
Logic to familiarize itself with the installation site(s) and to make arrangements for all
necessary equipment and tools.
C. Notice of Completion of Installation. Following the installation of each separately
purchased part of the AMH System, Tech Logic shall notify Library that all AMH System
components for that part of the system are installed at the Library and running under
permanent power by delivering Exhibit F "Notice of Completion."
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D. Testing and Correction Following Installation. Upon completion of the training described
in Section 2.03 for each aspect of the System, the Library shall have ten ( 10) business days
to test the newly installed components as a part of the AMH System, and complete Exhibit
G "Library Notice of Corrections," which shall include an itemized list of corrections, if
any, and submit the Notice of Corrections to Tech Logic for review and corrective action,
or to execute Exhibit F "Contract Notice of Completion . " Upon receipt of the Notice of
Corrections, Tech Logic shall repair, replace, reprogram and otherwise remedy the
corrections to the Library's reasonable satisfaction within twenty-five (25) days of the
Notice of Completion.
E. Final Notice of Completion. If Library does not deliver a Notice of Corrections within the
ten ( 10) day period described in Section 2.02.1), or, if a Notice of Corrections has been
issued, then upon completion of the corrections required to meet system mechanical and
operational specifications, Tech Logic and Library shall execute the Final Notice of
Completion. Execution of said Notice by the Library shall not be unreasonably withheld.
2.03 Training In addition to the onsite training described in this Section, Tech Logic shall train system
managers and operators through its customer support service as provided herein and in Section 8.02.
A. Maintenance and Operating Manuals. Not later than the time that the Notice of Completion
for each aspect of the System is delivered to the Library, Tech Logic shall provide Library
with all information and operation manuals. Operation manuals shall include mechanical,
electrical and program design documentation in sufficient detail and clarity for the Library
to adequately troubleshoot and maintain the AMH System.
B. System Training. Tech Logic shall provide one person onsite at the Library, to train Library
staff on the operation and maintenance of the AMH System for a period as described in
Exhibit C "System Pricing, Component Description and Contract Amendment Schedule "
at no charge to the Library. Additional training will be provided, at a rate of $ 1 ,500.00 per
day, plus travel expenses, for each additional day, if requested by Library in a Change
Order. Training shall commence immediately upon delivery of the Notice of Completion.
Tech Logic and Library may negotiate a mutually agreeable alternate training period. An
alternate training period does not release the Library from making its timely final payment
as described in Article 5 of this Agreement.
2.04 Application of Contract to Components Subsequently Purchased . The AMH System may or
may not include all system components that the Library may need as a finished system. Tech Logic
has represented that it can adjust the AMH System to add system components at any time in the
future and agrees that Library shall have the right, but shall not be obligated, to purchase system
components at any time, or from time to time, within two (2) years from execution of this
Agreement for the AMH System at the then current prices, specifically excluding any RFID systems
or components and subject to the following:
A. Increased Costs. Tech Logic may request an increase in the charges for installation of the
system components to reflect changes in prevailing wages and labor costs or for any unusual
customization required.
B . Schedule. The parties shall agree on the schedule for manufacture, delivery and installation
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of all purchases, which Project Schedule shall be in the form of the Project Schedule
attached hereto as Exhibit H.
C. Change Order. All terms and conditionsfor any non-RFID systems or components shall
be reflected in a Change Order signed by both parties , and shall be subject to pricing as
attached hereto in Exhibit D (rev. 2-01-2003). See also sec. 9.03, infra.
Except as otherwise stipulated herein or agreed by the parties, the provision of this Agreement shall
apply to the design, construction, installation, testing, training and support of, and in all other matters
related to the AMH System.
ARTICLE 3
OBLIGATIONS OF LIBRARY
3.01 Acceptance of Risk and Storage of AMH System Components. Library shall provide safe and
enclosed storage of all AMH System components until Tech Logic is on-site for installation. Except
for damage caused by Tech Logic's agents, Library shall bear all risk or loss and damage of AMH
System components from and after delivery at the location designated by Library.
3.02 Librarv's Responsibilities for Installation.
A. Interface with ACS. Library will be responsible for hiring or contracting with an LAV and
shall require the LAV to provide for a connection that will allow the AMH System software
to interface with the ACS in a manner that will allow the system to operate within
performance criteria that are acceptable to Library. All connections required by this Section
3.02 will be made in accordance with Tech Logic's schedule for installation.
B . Electrical and Mechanical Work. Library shall hire, at its own expense, an electrical and
mechanical contractor to wire power to the AMH System and shall provide an air
compressor, including air plumbing, as described in Exhibit A.
C. Availability of Facilities. The Library shall provide adequate work space and storage space
at the Library to facilitate the performance of services by Tech Logic during the installation
of the AMH System for up to four (4) of Tech Logic's personnel, subject to the following
conditions:
( 1 ) Telephone. If available, the Library shall provide one telephone for the use of Tech
Logic carrying out its obligations hereunder. Tech Logic shall use its own
Provide r to make any long distance calls from the telephone soprovided.
(2) Obstructed Installations. Tech Logic personnel must be given reasonably
unobstructed access to all areas in which components are to be installed.
Obstructed installations shall be considered a Change Order and may require a
price adjustment.
3.03 Training and Testi. Library will cooperate with Tech Logic in all training and testing activities
described in Article 2, so that, if possible, the Final Notice of Completion can be executed in good
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faith by Library within thirty (30) days of the date on which Library receives a Notice of
Completion.
3.04 Maintenance. The Library will pay for the use and subsequent maintenance of the AMH System
on the Library's ACS .
ARTICLE 4
WORK SCHEDULE
4.01 Work Schedule . Within thirty (30) days of the Effective Date, Library and Tech Logic shall
complete Exhibit H Project Schedule to create a schedule for all work to be completed on the AMH
System under Article 2. A separate Project Schedule shall be created within thirty (30) days of the
execution of a Change Order for the purchase of additional AMH System components.
4.02 Delay by Librarv: Librarymay request a rescheduling of the delivery or installation of any part of
the AMH System as necessary or convenient to the Library,provided that (1) Library's request shall
not be made less than fifteen (15) business days prior to the scheduled delivery or installation
date, (ii)payment obligations of Library under this Agreement shall not be delayed in any respect
thereby and specifically such request shall not delay payments due under Article 9 hereof or any
other-provisions of thisAgreement specifyingpayments to Tech Logic, (iii) Library shall fully pay,
or reimburse Tech Logic, for commercially reasonable storage charges relative to such
rescheduling request, and (iv) Library may, as an alternative to storage with Tech Logic, elect to
take delivery off-site and at a location other than that of Tech Logic, with any storage costs
associated therewith being the exclusive responsibility of the Library.
4.03 Delay by Tech Logic. Tech Logic shall not be entitled to delay delivery and installation of any part
of the AMH System without prior written consent of Library, which consent shall not be
unreasonably withheld.
ARTICLE 5
TECH LOGIC'S COVENANTS
CONCERNING STAFFING AND WORK CONDITIONS
5.01 Project Manager. Tech Logic shall designate a Project Manager for all work done hereunder. The
Project Manager shall be accountable and accessible to the Library at all times regarding
performance, progress and completion of all phases of work during the development, manufacturing,
installation and testing of the system. The Project Manager shall supervise the work of Tech Logic's
personnel and those of Tech Logic's subcontractors, if any.
5.02 Tech Logic's Agents. In addition to the Project Manager, Tech Logic shall engage, at its own
expense and choosing, such individuals as are necessary to fulfill the obligations of Tech Logic
herein. Tech Logic agrees that all individuals so engaged shall be properly trained, competent and
qualified to perform the tasks assigned to them. Tech Logic may replace any person so engaged
provided that such substitute person possesses the qualifications above specified.
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5.03 Access to and Use of Library's Property. Tech Logic shall invite only those persons performing
tasks for the Tech Logic AIMH System to come upon the Library premises, and Tech Logic shall not
bring property other than what is required pursuant to the services herein specified onto any Library
premises.
, . Tech Logic shall not use, suffer or permit the use of the space provided it hereunder nor any part
thereof, in any manner or for any purpose, nor do, bring or keep anything to be done, brought or
kept, thereon (including, but not limited to, the installation or operation of any electrical, electronic
or other equipment) which, in the judgment of the Library would:
A. Violate Agreement Violate any covenant, agreement, term, provision or condition of this
Agreement or is unlawful.
B. Delivery of Services. Impair or interfere in anyway with the delivery by Library of services
or the proper and economic heating, air-conditioning, cleaning or other services of the
Library by; or occasion discomfort, inconvenience or annoyance to, any of the occupants bf
the Library or impair the appearance of the Library.
C. Business. Be prejudicial to the business of the Library, or reflect unfavorably on the
Library.
D. Relationship. Confuse or mislead the public as to any connection or relationship between
the Library and Tech Logic.
E. Impairment of Other Work. Except as agreed in advance between Tech Logic and Library,
perform or fail to perform any action which results in the impairment of any work being
performed by the other of Library's agents, consultants or contractors.
5.04 Library's Access to Inspect the Work. Tech Logic shall permit representatives of the Library, at
all times, to have access to and inspect Tech Logic's installation work during its progress.
5.05 Cleanliness and Safety. No rubbish, dirt, tools or other articles, items or things shall be put in the
public areas of the Library by Tech Logic, its officers, employees, agents, invitees, partners or
contractors. Tech Logic shall at all times keep the Library free from accumulations of waste material
or rubbish caused by its employees, agents or contractors or their work; and at completion of the
work, Tech Logic shall remove all its tools, equipment and waste, leaving the work area broom
clean.
Tech Logic shall conduct the work in a safe and orderly manner and shall take every reasonable
precaution so as not to allow injury to any person or damage to the Library.
5.06 Action following Termination. Upon termination of this Agreement, whether by completion of all
work or otherwise, Tech Logic shall immediately remove all of its property from Library premises.
Any property of Tech Logic, its agents or subcontractors, which remains on Library premises more
than twenty (20) days after the termination or cancellation of this Agreement shall be deemed to
have been abandoned, and may either be retained by the Library as its property or disposed of in
such manner as the Library deems appropriate.
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5.07 Compliance with Librarv's Rules. Tech Logic shall observe and comply with any reasonable rules
which the Library has made or may make and communicate hereafter, at anytime in writing, to Tech
Logic.
5.08 Direction of Proiect Manager and General Tech Logic. Tech Logic shall cause its employees to
cooperate with all directions of the Library's Project Manager while at the Library, including any
reasonable safety requirements established by the Library.
ARTICLE 6
CHANGE ORDERS
6.01 When Change Order Required . No change in the work to be performed hereunder that will
increase or decrease the total contract price, including but not limited to any change in the AMH
System layout, design or components made following completion of the final manufacturing
drawings, will be made except by a Change Order. Upon receipt of a duly executed Change Order,
Tech Logic shall proceed with the work involved. All work shall be accomplished under the
applicable conditions of this Agreement.
6.02 Requirements of Change Order. Before a Change Order is approved it shall include all costs
directly related to the change, and Tech Logic shall itemize the costs and provide the Library
appropriate supporting data to establish their correctness. If any Change Order causes an increase
in the contract price due Tech Logic hereunder, or an extension of time needed to complete
performance, or if a Change Order decreases the amount or quality of goods or services to be
provided hereunder, an equitable adjustment shall be made. Each Change Order must be signed by
Tech Logic and a qualified representative of the Library.
ARTICLE 7
LICENSES AND PROPRIETARY RIGHTS
7.01 Manuals and Software. Tech Logic's operating manuals and software licenses reflect designs and
programs, as well as other items which comprise the AMH System as identified herein and
developed by Tech Logic. The AMH System and the components and operating systems associated
therein contain proprietary information owned by Tech Logic and software vendors who have
entered into licensing agreements with Tech Logic. Use of the software and the operating manuals
in a manner not related to the Library's use of the AMH System is prohibited.
7.02 Use of AMH System. All items comprising the AMH System are deemed to be for a single user,
the Library, and may not be resold by Library, or its' successors in interest, without the express
written consent of Tech Logic. Tech Logic has not transferred the right to use any of its proprietary
technology, including software and mechanical devices, by Library, except for its use in the AMH
System.
7.03 Licenses. Tech Logic hereby grants and licenses to the Library the right to use all software that the
Tech Logic has developed. Tech Logic shall also provide Library with all third-party software
licenses, if any, necessary to grant Library the right to own and operate the AMH System as provided
in this Agreement. Library further agrees to Tech Logic' s Standard Software and Service Support
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Agreement as provided in Exhibit "I" of this Agreement.
7.04 Tech Logic's Assurances. Tech Logic represents and warrants that it has the right to enter into this
Agreement and grant to the Library the right to own and use all software, hardware, machinery,
systems and manuals hereunder provided. For purposes of this Article, all of the foregoing items
shall be collectively referred to as "System Components." Tech Logic has not transferred to the
Library, or its successors in interest, the right to use or otherwise sell or convey the proprietary
technology that comprises the AMH System and its operations to a third party; however, the Library
shall have the right to modify, enhance or relocate the AMH System to other Library uses and
facilities, subject to loss of any warranty hereunder, if such modification, enhancement or relocation
is not performed as provided in Article 8.
ARTICLE 8
WARRANTY AND CUSTOMER SUPPORT
8.01 Warranty. During the warranty periods described below, Tech Logic warrants that the AMH
System will be free of material defects and perform substantially as described in Tech Logic's
operating manuals and in Exhibit B . Tech Logic warrants that the AMH System will comply with
applicable law covering installation and operation of such systems, and Tech Logic further warrants
that the AMH System will be installed in a workmanlike manner. Warranty coverage established
by this Agreement begins, for the AMH System and each component of the AMH System purchased
under a Change Order, upon Library's execution of the Final Notice of Completion for that part of
the System.
A. Warranty Periods . There are two specific time periods governing each of Tech Logic's
warranties:
( 1) Run-In Period . The "Run-In" period for each warranty covers thirty (30) days
following execution of the Final Notice of Completion for that warranted
component. During this time, Tech Logic will correct conditions that adversely
affect the functionality of the AMH System, without charge. All conditions
reported within the Run-In period will be corrected as soon as is practicable.
(2) Extended Suouort Period. The "Extended Support" is a period that begins on the
expiration of the applicable Run-In period and ends on the one-year anniversary of
the date of execution of the applicable Final Notice of Completion. Tech Logic
warrants that for a period of eleven ( 1 1 ) months immediately following the "Run-
In" period, the AMH System shall not contain any defect in materials or
workmanship. Tech Logic shall repair or replace, at its option, and at no additional
cost to the Library, any mechanism that is defective in material or workmanship.
B. Condition to Warranty. Library shall promptly notify Tech Logic of any defects or
malfunctions in the AMH System of which it learns from any source. Failure to do so will
void the warranty against that defect.
C. Warranty Action. Correction of defects of the AMH System shall be accomplished by Tech
Logic in a timely and expeditious manner, according to the following procedure:
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( 1 ) Phone Assistance. Tech Logic may attempt to address Library's warranty complaint
by phone assistance or by written communication before taking further action.
(2) Further Action. If Tech Logic determines that the problem with the AMH System
is not merely due to Library's incorrect operation, or if a system manger or team
leader having the qualifications described in Section 8.02.A is unable to correct the
problem with telephonic or written assistance within five (5) working days, Tech
Logic shall provide all further assistance required to correct the problem, including
labor and materials. If the problem is not one covered by warranty, Library shall
pay for all costs of labor and materials at Tech Logic's standard rates. Travel
expenses for work not covered under warranty shall be billed to Library at Tech
Logic's actual out-of-pocket cost.
D. Post Warranty Action. After all warranties have been exhausted, or for service to be
performed outside of warranty coverage, Tech Logic shall provide service on a direct cost
basis unless a service contract has been entered into by the parties in a separately executed
agreement.
E. Non-Covered Items. Component or system failures caused by lack of maintenance or by
misuse of the AMH System, including the introduction of "non-standard" items as described
below and the results thereof are not conditions that are included in warranty coverage. The
AMH System will not be designed to process the following materials:
(1) Materials with minor dimensions less than 4 inches;
(2) Materials with major dimensions greater than 16 inches;
(3) Materials with a thickness less than 3/ 16 inch;
(4) Materials with covers that are off (i.e. puzzles, games, etc.);
(5) Materials contained in thin or limp bags;
(6) Materials with loose, tom or bent covers or with rolled or curled pages;
(7) Video tape, compact disc, DVD and cassettes with open covers, or items that have
come out of their containers;
(8) Materials with protruding paper such as book marks or "date due" slips;
(9) Paper bags;
( 10) Mailing tubes;
( 11) Pamphlets, sheet music, newspapers or magazines that are not in a hard case;
( 12) Transparent items;
(13) Children's toys that are not in a hard case;
( 14) Materials with worn or malfunctioning identification strips or markers; and
( 15) Other items not a part of the Library's circulating library collection.
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F. Further Limitation. All warranties given by the Tech Logic are limited to replacement or
repair of defective components including hardware and computer software. Tech Logic
shall determine whether the components should be replaced or repaired. Any warranty is
void if the AMH System is modified or altered without the knowledge or written permission
from Tech Logic. The warranty herein shall remain in effect should the Library move the
AMH System to another location conditioned that said move is engineered and coordinated
by Tech Logic. Tech Logic's obligations and limitations of warranty hereunder shall not
affect any other obligation which it may have under law.
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8.02 Customer Support. Beginnina on the date of Notice of Completion and until the expiration of the
Extended Support period described in Section 8.01 , Tech Logic shall provide Library, without
additional charge, unlimited telephone support and written consultation reasonably requested by the
Library in connection with the use and operation of the AMH System or any problems therewith, but
only to the Library personnel described below.
Tech Logic's customer support is given with the understanding that Library will provide adequately
trained personnel to run the AMH System, including the following:
A. System Manager or Team Leader. A broad base of computer skills is required as well as a
background and understanding of Microsoft Windows NT4.0, Microsoft Windows 2000
and/or Microsoft Access 2000 or XP software that runs the AMH System. A knowledge of
Library operations is equally important. In addition, this person should have good personnel
skills and experience in supervision. This person will be required to schedule personnel and
provide back-up and training for the people on this team. This person should be the
principal contact with Tech Logic for operation and maintenance of the AMH System.
B . System Operators. AMH System operators shall be capable of running basic Microsoft
Windows software applications such as Microsoft Windows NT4.0, Microsoft Windows
2000 and/or Microsoft Access 2000 or XP and have a general familiarity with personal
computers. Additionally, the system operators shall be capable of taking readable notes and
have the skills to train and pass on their knowledge to other system operators.
C. System Maintenance Personnel. System Maintenance Personnel shall have experience in
building and facilities maintenance which shall include heating and ventilating systems,
power distribution systems and generalized personal computer operation. Qualifiers for this
staff position must be willing and able to help trouble shoot system mechanical problems
when other staff members need mechanical assistance.
ARTICLE 9
PRICES AND PAYMENT
9.01 Contract Price. The total contract price for the AMH System is -- $395,632.00 -- (herein
collectively referred to as the "Contract Price"), which Contract Price shall be paid in installments
under the schedule described in Section 9.02. The Contract Price for all other components of the
AMH System shall be established by a Change Order, but subject to the Pricing Schedule attached
hereto as Exhibit C, and adjusted as provided in Section 2.04.
9.02 Payment Schedule. Payment of the Contract Price shall be made as follows:
A. Systems Engineering Payment. The first payment, in the amount of thirty percent (30%)
of the Contract Price, shall be due within ten ( 10) days after the Effective Date. Work on
the project does not start until payment is received by Tech Logic.
This payment shall be for "professional services" rendered with regards to the "engineering
design" of the AMH System as set forth in Exhibit C, and as such, there shall be no bonding
requirement for this portion of the Contract Price.
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