Res 1348 - Agrmt Mar Sal Comp F
COUNCil Bill NO. 1704
RESOLUTION NO. 1348
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE MARION SALEM
CENTRAL COMPUTER FACILITY (MSCCF) AND AUTHORIZING THE CITY
ADMINISTRATOR AND POLICE CHIEF TO SIGN SAID AGREEMENT.
WHEREAS, for many years the Woodburn Police Department has been part of
an inter-agency records keeping system known as the Region Access Information
System (RAIN), and
WHEREAS, RAIN is maintained by the Marion-Salem Central Computer Facility
(MSCCF), and
WHEREAS, MSCCF is now offering to provide software and limited hardware
support for the Woodburn Police Department's lAN computer system, and
WHEREAS, it is necessary for the City to enter into and authorize execution
of an agreement with MSCCF so that said services can be provided, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into the attached agreement with the Marion-
Salem Central Computer Facility to provide support for the Woodburn Police
Department's lAN computer system.
Section 2. That the City Administrator and Police Chief are authorized to sign
said agreement on ~a~ of the Cit~
Approved as to for;: Y l.~{ ~ :J- - '-/ - 10
City Attorney Date
APPROVED:
Submitted to the Mayor
April 8, 1996
April 10, 1996
Passed by the Council
Approved by the Mayor
April 10, 1996
Page 1 -
COUNCil Bill NO. 1704
RESOLUTION NO. 1348
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Filed in the Office of the Recorder
ATTEST:
Page 2 -
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M~nnant, City Recorder
City of Woodburn, Oregon
COUNCil Bill NO. 1704
RESOLUTION NO. 1348
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April 10, 1996
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DATA PROCESSING SERVICES AGREEMENT
Dated as of July 1, 1995
This Agreement is made between:
MARION-SALEM CENTRAL COMPUTER FACILITY ("MSCCF"),
and
CITY OF WOODBURN (CITY)
and is made to engage the services of MSCCF to provide Local Area
Network support for the Woodburn Police Department.
In consideration of the mutual benefits and obligations herein
set forth, the parties agree as follows:
1. SCOPE OF SERVICES
1.1 MSCCF shall provide basic support of CITY's Local Area
Network via remote dial-in. On site support will be provided when
necessary.
1.2 MSCCF shall offer the following services:
1.2.1 Fileserverinstallation, hardware upgrades
operating system upgrades.
1.2.2 Set up and maintenance of network security
users and groups.
1.2.3
1.2.4
1.2.5
of WorkPerfect,
the fileserver.
1.2.6
1.2.7
WordPerfect Office
1.2.8
and
for
Installation of Novell approved hardware.
Printer installation and configuration.
Installation or upgrade of supported versions
Quattro Pro, and WordPerfect Office/GroupWise on
Support for 3270 terminal emulation.
Maintenance of a local (single fileserver)
or GroupWise Email system.
Provide a telephone help line.
1.3 CITY shall provide all PC's, printers, and software
required to establish the LAN.
1.4 CITY shall provide a PC, connected to the LAN, with a
modem and a phone line connected to the modem. An appropriate
remote dial-in software package, approved by MSCCF, shall be
purchased and installed on the dial-in PC referred to above. The
City shall also be responsibile for the phone line charges,
including any initial installation charges.
1.5 The microcomputer products supported are limited to those
which MSCCF staff supports on a daily basis. The products and
versions listed may be revised by MSCCF via written notification to
the CITY. Old releases and products will continue to be supported
for a minimum of 12 months after the written notification of
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discontinuance
following:
1. 5.1
1. 5.2
has
been
given.
These
products
include
the
NetWare versions 3.11, 3.12, or 4.1
Data Interface 3270 gateway version 3.62 or above.
Other gateway products may be added in the future.
1.5.3 WordPerfect 5.1 for DOS or 6.1 for Windows
1.5.4 WordPerfect Office version 3.1 or above, single
fileserver EMail system.
1.5.5 Quattro Pro versions 3.0, 4.0, or 5.0 for DOS or
version 6.0 for Windows.
1.6 Toll free access for CITY users to MSCCF's help line for
telephone support, instructions, system self-diagnostic
aid.
1.7 On-site visits to the CITY's location upon request will
be billed at the then current hourly rate, including travel time
from the MSCCF office in Salem.
1.6. MSCCF shall provide classroom instruction on supported
products for CITY users under the schedule for classes offered to
the City of Salem and Marion County, upon the condition that CITY
pay MSCCF for such services at MSCCF's then-current rates.
1.8 CITY, or its users through CITY may, from time to time,
request additional services from MSCCF. CITY shall pay for such
services according to a separate, supplemental agreement providing
therefor. Such additional services shall be billed at MSCCF's
then-current established hourly rates for classes of services
provided in developing and implementing the additional services.
2. FEES AND CHARGES
2.1 Services will be billed on an actual usage basis at the
rate of $58/hr for the period commencing July 1, 1995 and ending
June 30, 1996. Statements will be sent monthly around the 15th day
of the month following the service month. The statements will
include a summary of the service provided for the previous month
and YTD totals. A detailed description of the service can be
provided if needed.
2.4 Charges for equipment maintenance and telephone circuits
are the responsibility of CITY and are not included in the base
charges.
3. BILLING AND PAYMENT
3.2 The fees for initialization and training, and any special
services beyond those covered by the base charge shall be due and
payable upon MSCCF's billing therefor. In the event such services
span a period of more than one month, MSCCF may bill monthly for
services performed during the preceding month.
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4. SECURITY
4.1. MSCCF shall have no responsibility or obligation with
respect to access to the system through individual subscriber PC's
except to allow access through such PC's only upon use of proper
passwords and procedures. MSCCF shall have no obligation to verify
the identity or authority of any person using the PC of any CITY
subscriber who has used appropriate passwords and procedures to
gain access to the system.
5. TERMINAL AND MODEM MAINTENANCE
5.1. CITY shall be responsible for on-site hardware mainte-
nance of user terminal equipment. MSCCF's sole obligation with
respect to provision of such service shall be to provide 24 hour
telephone access to MSCCF staff who shall place service calls where
warranted after examination of diagnostic procedures. MSCCF shall
have no obligation with respect to maintenance and repair of said
equipment.
5.2. Under no circumstances shall MSCCF be held responsible
for any consequential damages resulting from any defect,
inadequacy, insufficiency; or malfunction of the user PC or LAN
equipment, its installation, support, or maintenance, or for any
delay or inadequacy of repair service, or failure or delay in
calling for such service.
6. LIMITATION OF LIABILITY
6.1. MSCCF assumes no liability for the accuracy of any data
entered by users in its system, nor for errors in data transmission
over telephone lines. MSCCF represents and warrants only that it
will use its best efforts to support the LAN and its components.
6.3. MSCCF agrees, to the extent it may under the Constitution
and laws of Oregon, to indemnify, defend, and save CITY harmless
from any and all claims arising out of the acts, errors or
omissions of MSCCF or those for whose acts MSCCF may be held liable
under ORS 30.265, save and except any claim for which MSCCF has
expressly disclaimed or limited its liability hereunder, to the
extent of such disclaimer or limitation; and further provided that
with respect to any single claim or occurrence, MSCCF's liability
arising out of contribution or in'demnity shall not exceed the
limits provided by ORS 30.270, if applicable to the asserted claim.
7. TERM AND TERMINATION
7.1. This Agreement shall be effective upon execution hereof
on behalf of both parties, and shall continue until terminated as
provided in ~7.2.
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7.2. This Agreement may be terminated by CITY upon writ~en
notice given not later than March 1 of any year. The MSCCF cay
terminate this agreement by written notice given by December 1 of
any year. This Agreement shall terminate on the next ensuing J~ly
1 unless a later date is provided in such notice, or unless s~ch
notice is withdrawn in writing and such withdrawal is accepted in
writing by the other party.
7.3. Notwithstanding the giving of notice of termination as
provided in ~7.2, CITY shall remain obligated with respect to any
unfulfilled financial obligation which accrued hereunder prior to
the effective date of such termination.
8. COMMUNICATIONS AND NOTICE
8.1. Any notice in writing required to be given hereunc.er
shall be sufficient if sent by regular mail or personally delive~ed
to the MSCCF Director, as agent for MSCCF; and to the Woodb~rn
Police Chief.
8.2. Each party shall designate, and may change from time to
time, a representative for communication, negotiation, and general
liaison with the other concerning the content, future, and
administration of this Agreement. No such designated representa-
tive shall be held an agent or attorney-in-fact having authority to
bind either party.
9. ATTORNEY FEES
In the event it is necessary for either party to bring an
action in the courts of the State of Oregon to enforce any rigr.ts
under this Agreement, the non-prevailing party shall pay to the
prevailing party its reasonable attorney fees at trial or on appeal
in a sum determined by the Court.
10 . AMENDMENTS
This Agreement represents the complete and integrated
agreement between the parties with respect to the subject matter
hereof, and may be amended only by written amendment executed by
both parties. As such, this Agreement cancels and supersedes all
prior written and oral agreements, representations, negotiatior.s,
and communications between the parties and their representatives
with respect to the subject matter hereof.
11. DISCRIMINATION
The parties agree to not discriminate on the basis of race,
religion, sex, sexual orientation, color, disability, age, or
national origin in the enforcement and execution of this agreemer-t.
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IN WITNESS WHEREOF the parties have caused this Agreement to
be executed on their behalf by their duly authorized representa-
tives as of the dates set forth below.
MARION-SALEM CENTRAL
COMPUTER FACILITY
CITY OF WOODBURN
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By: . ~/r~,~ /~~ C /[i,.{ /1
~n' Philli'ps / I
By:
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Title: Director
Title: City Manaqer
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Date: (J/-IC./~/)
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Date:
l/ /1z./4b
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By:
Ken Wright
Title:
Chief of Police
Date:
REVIEWED AS TO FORM:
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City Attorney
9/14/95
WOODBURN.AKD
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