HomeMy WebLinkAboutResolution 4567 x
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��e. - CITY of ORONO
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�,� G'ti RESOLUTION OF THE CITY COUNCIL
��SKO4� � No. ��5 6 `� �: � .
A RESOLUTION AUTHORIZING THE CITY OF ORONO �
TO EXECUTE AN AGREEMENT FOR THE USE OF
HENNEPIN COUNTY'S PROPERTY INFORMATION DATA BASE
WHEREAS,the County has developed a computerized property information data
base (hereinafter referred to as "Property Information Data Base (PIDB)") and which is described
in the Hennepin County Agreement attached hereto and hereby made a part hereof; and
WHEREAS, the City of Orono desires to use the County's PIDB in the course of
conducting the City's business; and
WHEREAS,in acknowledgment of the Entity's above stated purpose,the County is
agreeable to provide to the City access to the PIDB described in Exhibit A; and
WHEREAS,the parties agree that the execution of this Agreement is necessary in
• order to adequately protect said PIDB. � �
NOW,THEREFORE,be it resolved that the City Council authorizes execution of
the agreement through December 31, 2001. •
Adopted by the City Council of the City of Orono this 13th day of November,2000.
ATTEST:
G22e� s�J - l/�—
Linda S. Vee, City Clerk . Gabn 1 Jabbour, May r .
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Page 1 of 1
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Contract No.A10360
• AGREENIENT
THIS AGREEMENT,made and entered into benveen the COUNTY OF HENNEPIN,a political
subdivision of the State of Minnesota,hereinafter referred to as"COLTNTY"and the CITY OF ORONO,2750
Kelley Parkway,Orono,MN 55356(P.O.BOX 66,CRYSTAL BAY,MN 5�323-0666),a public body of the
State of Minnesota,hereinafter referred to as"USER"; . �
WITNESSETH:
NOW,THEREFORE,the parties hereto agree as follows:
A. The COLTNTY shall allow the USER access to certain public information contained in COLJNTY
computerized data files through computer equipment operating in conjunction with the COUNTY computer
system as follows:
1. The COUNTY will permit USER File Inquiry access to the computer system as set forth in Exhibit
. A,attached hereto and made a part hereof by this reference.
' 2. USER shall be solely responsible for selectin�obtainin„ installing,maintaining,repairin�,
modifying and/or replacin�any equipment used to access or attempt to access said computer system. At
USER's request,the COUNTY will furnish to USER information concerning equipment which the
COUNTY reasonably believes to be compatible with the COiJNTY's computer system. It will be the
USER's responsibility to verify with the seller,manufacturer,distributor,etc.of the equipment,the
accuracy of the information so furnished by the COLTNTY and also to obtain from any such entity any
additional necessary information. The furnishin�of such information shall in no manner be construed as
� an expression of the COLTNTY's guarantee or warranty of the equipment's quality or performance or its
. compatibility with said computer system. Supplemental to Paragraph D.hereof which,to�ether«7th
• Para�raph L hereof,primarily governs all aspects of information furnished to USER under this Para�aph,
it is a�reed that the COUNTY shall incur no liability whatsoever with respect to the furnishin�or content
of said information or with respect to the equipment's quality,performance or incompatibiliry.
Information so received from the COLTNTY shall not preclude USER from acquiring other equipment
�vhich USER believes to be compatible with the computer system,provided that the COUNTY shall in no .
manner be liable with respect to any resultin�incompatibility or in any other respect whatsoever.
Further,USER shall provide all necessary cablin�beriveen said equipment and any County-o�vned
communications equipment(including but not limited to terminal controllers,modems,di�ital sharing
devices,etc.)connected to a telephone line(s)to facilitate USER's access to the COUNTY's computer
system. It is understood that maintenance,repair,modification,replacement,etc.respectin�said cablin�
is USER's sole responsibiliry.
3. The COUNTY will make arran�ements with a telephone company for installation and/or de-
installation of a telephone line(s)if such a connection is to be employed benveen the USER's equipment and
the COLJNTY's computer system. The USER understands and agrees that it is�enerally in its o�v�n best
. . , interest to cooperate in good faith with the telephone company so that safe,reasonable and timelv accecs to
. the USER's premises is provided to personnel of the telephone company for efficient and expeditious
installation and/or de-installation of any such telephone lines. It is a�reed that nothing herein shall be
construed as obviatin�the necessity of the telephone company or its employees or representatives.from � .
obtainin�USER's consent to;ain access to and work within USER's premises when so required by USER.
Nor shall anythin�herein diminish any ri�ht of the USER to be present durin�any such�r•ork of the
telephone company in order to assure that persons and property,real or personal',are reasonably protected.
�4. a) It is understood and a�reed that with respect to any County-owned communications
equipment connected to a telephone line as aforesaid,the COLJNTY is hereby duly authorized to keep, .
maintain,operate,remove,relocate,replace,modify and/or repair the same on USER's premises,as
deemed necessary by the County,durin�the term of this A�reement or any e:ctension hereof and unti130
• days after cancellation or termination of A�reement or any such extension.
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b) USER hereby provides the COLJNTY,subject to reasonable security rules of USER,full,
� safe and free access to said County-owned communications equipment;adequate workspace,heat,li�ht
and ventilation;all necessary electrical facilities-all of the fore�oin�at no cost to the COUNTY.
c) Except to the estent of the negligence of the COUNTY,USER hereby assumes and shall
bear risk of loss and damage to the County-o�med communications equipment from any and every cause
� ' � . �vhatsoever,whether or not insured. �
d) In the event of loss or damage of any kind to the Counry-o«ned communications equipment,
or any part thereof,at the option of the COLTNTY,USER shall(1)pay COLTNTY for placing the same in
good repair,condition and working order;or(2)pay COUNTY therefor in cash the loss value as
reasonably determined by COIJNTY.
e) USER shall not make repair to or alter,ali�,dismantle,remove,relocate,modify and/or
replace any of said county-owned communications equipment without the express�vritten consent of the
County.
, fl Title to said County-owned communications equipment,at all times,shall remain in the
� COLJNTY,and at all times USER will protect and defend said title,at USER's cost and expense,from
° and against all claims,liens and legal processes of creditors of the USER and keep all such equipment
free and clear from all such claims,liens and processes. Said equipment is and shall remain personal
properiy.
. B. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time
and capacity utilization of the computer system in order to carry out COLJNTY activities properly,the COiJNTY
may without any liability whatsoever reduce or discontinue service for such len�h of time as the COLTNTY may
deem appropriate. The COUNTY,in;ood faith,shall endeavor to notify the USER prior to any such service
interruption�vhenever the COUNTY shall determine the,pertinent circumstances reasonably permit such
• ' notification. � � �
C. The hours of service furnished hereunder are subject to the provisions of para�raph D and generally
limited to the business hours observed by the COiJNTY at the Hennepin County Government Center and,
therefore,will be observed as follows:
1. Monday through Friday-8:00 a.m.to�:00 p.m.
2. Service will not be available on holidays or other time off
observed by the COUNTY. �
3. The COIJNTY reserves the right to chan�e said business hours
and shall�ive written notice to USER of any such chan�e.
From time to time service may also be available(at the Counry's sole discretion)at times beyond normal
business hours.
D. 1. The COUNTY does not warranty or guarantee the performance of the main computer system,the
telephone lines and/or cablin�,or any software and/or equipment in connection or in association with any or all of
the fore�oin„nor does the COUNTY warranty or guarantee any programmin�utilized in any of the above.
. Further,the COLJNTY shall have no obligation or liability whatsoever concernin�any aspect of the telephone
lines, including,without limitation,their installation,de-installation,repair,operation,malfunctioning,
maintenance,implication or circumstance re�arding injury to person or property and/or si�naUdata transmission
quality or deficiencies. It is specifically understood by the USER that changes and adjustments are made in the
official records from time to time�vhich may be in process at any given time;and,under the circumstances,the
information received by the USER�vill be subject to such changes and adjustments. Accordin�ly,errors or
omissions may occur in the data received on or throuah the pertinent equipment utilized by or servicin�the USER.
Further,the USER specifically understands and a�rees that the service fumished under this Agreement is subject to
the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors,omissions, '
damages,reductions,discontinuances,malfunctions,inoperativeness,scheduled do�vntimes,delays or interruptions
• which may be due to any one or a combination of a wide specmun of causes. ��'hile the COLTNTY shall endeavor
in good faith to maintain a hi�h de�ree of accuracy and efficiency in the services provided hereunder,the sole and
exclusive remedy for any breach bf this AQreement by the COUNTY and for COUNTY liability of any kind
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�vhatsoever,including but not limited to liability for nonperformance or any deficiencies with respect to said
• sen�ices or County-owned communications equipment,shall be limited to dili�ently restorin�the services and/or
any deficiency in said service or County-owned communications equipment as is reasonably possible under the
pertinent circumstances. USER fully understands and a�rees that the COLTNTY may chan�e,modify and/or
replace said computer system and any components thereof including,without limitation,any related equipment,
soft�vare,wirin�and/or cablin�,and that, incidental thereto,any such chan�e,etc.could possibly extin�uish or
impair the compatibility benveen USER's equipment and said computer system,thus necessitatin�,perhaps,the .
' replacement of,chan�es to,and/or modification of USER's equipment to access said computer system;and that in '
any such event the COUNTY will in no manner be liable for the costs and/or dama�es�vhich are sustained by �
USER and which are,in any respect,associated,directly or ind'uectly,with any or all of the fore�oin�occurrences
but that USER shall bear the full costs thereof. In no event shall the COLJNTY be liable for actual,direct,indirect,
special,incidental,consequential dama;es(even if the COtJNTY has been advised of the possibility of such
dama�e)or loss of profit, loss of business or any other financial loss or any other dama�es.
2. Supplemental to and in no manner in limitation of the fore�oin�the follo�vin�is set forth: Public
information furnished and to be furnished has been and shall be obtained from the COUNTY'S records and is
believed to be reliable. But the accuracy,completeness,timeliness or correct sequencin�of the information is not
�uaranteed by COLTNTY. There may be delays, interruptions,omissions or inaccuracies in the receipt of the
� public information. The USER a�rees that the COLTNTY shall have no liability,continaent or othenvise,for the
• accuracy,completeness,timeliness or correct sequencin�of the data,or for any decision made or action taken by
USER in reliance upon the data. THERE IS NO WARRANTY OF NIERCHANTABILITY,NO WARRANTY
OF FITNESS FOR PARTICULAR USE,AND NO OTHER WARRANTY OF ANY KI�1D,EXPRESS OR �
IVfPLIED,REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE.
E. The COLTNTY in said Exhibit A shall set forth costs,billing and payment information, and the type(s)of
public information�vhich the COUNTY will permit the USER to access. USER shall be responsible for the
pa}ment of any and all File Inquiry fees,connection char�es,telephone line or frame relay char�es,and telephone
. line installation/de-installation charges. USER will be billed by the COUNTY on a monthly basis. The bill shall . .
• . show the File Inquiry fee,connection charge,and any telephone line or frame relay charse and/or telep;�one line
installation/de-iristallation charae,provided the COtTNTY may bill USER separately with respect to any
installation,'de-installation char�e. Payment shall be made by USER�vithin thirty(30)days afrer receipt of each
said bill. Connection and telephone or frame relay char�es shall be payable whether or not USER has accessed the
public information durin�any month USER is permitted to access such public information.
F. During the contract period,the COUNTY may chan�e any portion of the monthly fee!char�es,provided
that a ninety(90)day written notice be siven to the USER prior to the effective date of said fee/char�e chanse.
Any fee/char�e so chan�ed will appear on the appropriate monthly billing,except that any telephone line or frame
relay char�e change shall not require written notice but shall be effective immediately and shall be payable when
included in the monthly billing presented to USER as provided herein. If a USER has been authorized access to
public information or to more than one type of public information, it may,upon sixty(60)days'written notice to
the COLTNTY cancel any of them at any time,provided that if all such access is so canceled by USER,the File
Inquiry fees,connection and telephone line char�es set forth in said Exhibit A shall continue unabated unless and
until this contract is canceled in accordance with the terms of ParaQraph G hereof. If the public information access
� � has not been authorized,USER may request of COUNTY access authorization to the desired information,and/or if .
public information has been authorized,USER may request of the COUNTY access to additional public �
information. If USER cancels any such access or if the COLTNTY assents to any request for additional access,the '
COLTNTY shall set forth such information in an e�chibit which shall be dated,bear this contrac[number,bear an
e.�hibit letter in proper sequence to Exhibit A,and be attached hereto. At the COLTNTY's option,however,any
such public access chan�e may be effected throu�h a formal amendment hereof,includina therein an amendment
to E�chibit A. USER a�rees that if there is a chan�e in the File Inquiry fee,as above set forth,USER�vill pay the
changed File Inquiry fee,as well as any other char�e or fee that is chan�ed,after notification of the chan�e,as
above provided,unless this contract is canceled prior to the effective date of any such chan�e.
G. 1. This Agreement shall commence on the date of its approval by the Counry and remain in effect �
until December 31, 2001. Upon mutual consent of both parties hereto,this A�reement will be extended for a
• nvelve month period commencinQ January 1 of each calendar year after 2000. Mutual consent shall be shown and
the extension shall be effective if each party shall,prior to December 31 of each year,receive�rTitten notice from
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the other party of said other party's desire or intent to so extend. Each extension term shall be upon the same terms
• and conditions as herein set forth. USER a�rees that it hereby waives any and all riQhts it may at any time possess .
to contest,in any respect whatsoever,the validiry of any such extension notice and/or the effect thereof. USER
further a�ees that it shall be conclusively presurried that(a)the si�atory(ies)on any said extension notice of
USER to have been duly authorized by USER to si�and send such notice on behalf of USER and(b)USER
intended that such extension notice be valid and effective.
2. This A�eement may be cancelled by either party�iving 60 days prior written notice thereof to the . �
other party. . �
H. USER a�rees that durin�the term of this A�eement,in addition to the fees/charges provided herein to be
paid, it will promptly pay all tases,assessments and other governmental charges, if any, levied or assessed upon
the services furnished hereunder to USER,and USER will promptly pay or reimburse the COUNTY for all taxes
levied or assessed a�ainst and paid by the COLTNTY on account of its furnishin�services to USER hereunder.
I. In the event the USER shall fail duly and promptly to perform any of its obli�ations under the provisions
' ' of this A�eement,the COiJNTY,at its option,may immediately,or any time thereafter,perform the same for the
account of the USER without waiving such default,and any amount paid or expense or liability incurred by the
� COUNTY in such performance,together with interest thereon at the hi�hest maximum rate permitted by applicable
�• la�v until paid by the USER to the COUNTY,shall be payable by the USER upon demand.
J. 1. There shall be deemed to be a breach of this A�eement:
(a) If the USER shall default in any payment due hereunder and such default shall continue for
a period of ten(10)days after due; �
� (b) If the USER shall default in the performance of any of the other covenants or provisions
. herein and such default shall continue uncured for fifteen(15)days afrer written notice to the USER.,
� (c) If USER,�vithout the COIJNTY's prior written consent,removes or permits any of the same
to be used by anyone,or sells,pledges,assigns,hypothecates,transfers,subleases or othenvise disposes
of or encumbers this A�reement or any part hereof or any County-owned communications equipment or
any part thereof or attempts to do any of the aforesaid.
2. In the event of USER's breach of this A�eement,as herein defined:
(a) • The COLTNTY may cancel this Agreement upon written notice to USER.
(b) Upon COUNTY's demand,the County-owned communications equipment shall be
delivered forthwith to COIJNTY at USER's expense to such place as COIJNTY shall desi�ate,
and COtJNTY and/or its a�ents may without any liability whatsoever enter into any premises
under control or jurisdiction of USER or any agent of USER where said equipment may be or is
believed to be by COUNTY and repossess all or any part of the County-owned communications
� . . . equipment,disconnectin�and separatin�all thereof from any other property and using all force
� . necessary or permitted by applicable law so to do,USER hereby espressly�vaivin�all further
ri�hts to possession of said equipment and all claims for injuries dama�es and/or loss whatsoever
caused directly or indirectly by such repossession. �
� (c) The USER shall be liable for all costs,dama�es and losses incurred by the COUNTY on
account of said breach and/or also in cancelin�or terminatins this A�reement.
(d) All sums due and to become due hereunder,at the COUNTY's option,shall become payable
forthwith. �
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• • (e) The COLTNTY may also enforce specific performance of the applicable covenants of this
A�reement by appropriate le?al proceedin�s,as well as any other remedy herein provided. Should
any le�al proceedin�s be instituted by the COLTNTY to recover any monies due or to become due
. .. � . hereunder,and/or to recover other damages sustained by the COUNTY.on account of such breach,
the USER shall pay a reasonable sum as attorney's fees.
' K. No ri�ht or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or �
� by law,statute or equity provided,but each shall be cumulative and in addition to every other ri;ht or remedy, and
� shall be deemed to be continuing,none of which shall be exhausted by bein�exercised on one or more occasion � �
and may be enforced concurrently or from time to time.
L. 1. The USER shall defend,indemnify and save the COUNTY harmless from any liability,claims,
dama�es,jud;ments,costs(including reasonable attorneys'fees),demands or actions azisin�,directly or indirectly,
out of any act or omission on the part of the USER,its employees,officers,a�ents,contractors or representatives
relatin�to the obtainin;,disclosure,use,and or possession of information provided hereunder;USER's access to
the computer system,including without limitation,the obtainment,installation/de-installation and/or existence of
° telephone lines and any and all activities related thereto;the ovv�ership,use or operation of USER's equipment
� andlor software and items relatin�to such software and/or equipment;and any and all non-Y2K compliance;
• and/or from all loss or liability by reason of failure of the USER, in any respect,to perform fully and/or observe all
� obli�ations under this Agreement. �
2. USER represents and wanants that all equipment,soflware and all other items of any kind relatin�
to such equipment and/or software which are or may be utilized to access the County's information system are
Y2K compliant. For purposes of this a�reement,the term"Y2K compliant"shall mean that all components of the
aforesaid items can successfully process dates before and after January 1,2000 at any time before and/or after
January 1,2000. The components must smoothly make the transition from 1999 and 2000 and reco�ize that 2000
(unlil:e 1900)is a'Eeap year. The warranty shall be in effect until December 31,2000. In the event of any Y2K
• problems,USER warrants that it will promptly make all necessary adjustments to ensure that all components in the
aforesaid items are Y2K compliant.
�t. Any notice or demand,which may or must be given or made by a party hereto,under the terms of this � �
A�reement or any statute or ordinance,shall be in writing and shall be sent registered or certified mail to the other
party addressed as follo�vs:
TO USER: City of Orono
City Mana�er _
PO Box 66
Crystal Bay,MN 5�323-0066
TO COUNTY: Hennepin County Administrator
A-2300 Govemment Center
Minneapolis,MN 55487
Copy to: Division Manager � � .
General Services-IS Operations �
A-015 Government�Center
Minneapolis,MN 5�487
Either party may designate a different addressee or address at any time by�iving written notice thereof as
above provided. Any notice,if mailed,properly addressed,posta�e prepaid,re�istered or certified mail,shall be
deemed dispatched on the re�istered date or that stamped on the certified mail receipt and shall be deemed
received�vithin the second business day thereafrer or when it is actually received,whichever is sooner. Any notice
delivered by hand shall be deemed received upon actual delivery.
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N. No oral a�eement,guarantee,promise,condition,representation or warranty shall be bindin�;all prior
• conversations,a�eement or representations related hereto are inte�ated herein,and no modification hereof shall
be bindin�unless in writing and si�ned by the COLTNTY.
O. This A�reement shall be governed by and construed under the la�vs of the State of Minnesota. Hennepin
County shall be the appropriate venue and jurisdiction for any liti�ation arisin�hereunder,except that venue and
� jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any
-� provision of the Contract is held invalid, ille�al,or unenforceable,the remaining provisions�vill not be affected. '
P. It is a�eed that nothing herein contained is intended or should be construed in any manner as creating or
establishin�the relationship of joint ventures or co-partners benveen the parties hereto or as constitutin;the USER
as the a�ent,representative or employee of the COLTNTY for any purpose or in any manner whatsoever. The
USER is to be and shall remain an independent USER under this A�reement. Any and all personnel of the USER
or other persons,while en�a�ed in the performance of any activity under this A�reement,shall have no
Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and
all claims that may or mi�ht arise under the Minnesota Economic Security Law or the Workers'Compensation Act
of the State of Minnesota on behalf of said personnel or other persons while so en�a�ed,and any and all claims
whatsoever on behalf of any such person or personnel arisins out of employment or alle�ed employment includin�, '
� �vithout limitation,claims of discrimination against the USER,its officers,a�ents,the USER or employees shall in
•• no way be the responsibility of the COLJNTY,and the USER shall defend,indemnify and hold the COLTNTY,its
officers,a�ents and employees harmless from any and all such claims re�ardless of any determination of any
pertinent tribunal,a�ency,board,commission or court. Such personnel or other persons shall not require nor be -
entitled to any compensation,ri�hts or benefits of any kind whatsoever from the COUNTY,includin„without
limitation,tenure ri�hts,medical and hospital care,sick and vacation leave,`Vorkers'Compensation,
Reemployment Compensation,disability,severance pay and retirement benefits.
Q. It is understood and agreed that the obligations of the USER under Paragraphs A.4,D,H,J,L,and P �
hereof and the obligations of the USER which,by their sense and context are intended to survive the completion of '
• performance thereof by the USER,shall so survive the completion of performance and termination or cancellation
of this Contract,includin�without limitation the making of any and all payments hereunder.
R. The COUNTY's failure to insist upon strict performance of any covenant,A�reement or stipulation of the ,
- Contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant,
A�reement,stipulation or right unless the COLJNTY consents thereto in writin�. Any such written consent shall
not constitute a waiver or relinquishment of the future of such covenant,A�reement,stipulation or ri�ht.
(This part of page intentionally left blank.)
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• USER,havin�signed this A�reement,and Hennepin County havin�duly approved this Agreement on the
day of ,2000,and pursuant to such approval,the proper County officials havin�signed this
Agreement,the parties ereto a�ree to be bound by the provisions set forth herein.
� � � � . � . COUNTY OF HENNEPIN,
STATE OF MINNESOTA
APPROVED AS TO FORM:
BY:
Deputy/Associate County Administrator
ist oun
APPROVED AS TO EXECUTION:
� Assistant County Attorney
Date: CITY OF ORONO
By:
Its
And:
. � City organized under:
• _Statutory _Option A _Option B _Charter
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EXHIBIT A to Contract A10360
• City of Orono
2000 and 2001
In addition to other terms stated herein,in the above referenced contract,of which this Exhibit A is a part,
this Exhibit A includes provisions relatin�to a frame relay circuit(s).
� L The COWi TY�vill provide inquiry-only access to the following information systems: .
Propertv Information Svstem: Access to this system will permit viewing of current real estate tax information,
including legal descriptions,valuations,special assessments and other public data retained in the Properry
Information Systems.
Document Recordin�Svstem: Access to this system wili permit viewing of current information,including document
ima�es of,documents filed with the County Recorder(Abstract)and Registrar of Titles(Torrens)and retained in the
, Document Recording System.
II. Usa�e Charges
A file inquiry fee of$.018 in 2000 and$.O1�6 in 2001 per transaction will be charged monthly for inquiries to the
system.
' III. Connection Charges(Network Support Charges)
The USER�vill be charged$25.00 monthly($19.00 basic and$6.00 host)for one workstation connected to
Hennepin County's teleprocessing nenvork in 2000. In 2001,the USER will be charged$21.00 monthly($19.00
basic and�6.00 host)for each connection. The USER will be charged an additional$25.00 monthly for each
• additional«�orkstation connected to Hennepin County's teleprocessing nenvork.
IV. Frame Relay
' 1. For purposes of the aforementioned contract(including this exhibit),the term"telephone line(s)"includes
various forms of data circuiu and�r•ithout limitation any and all lines,cabling,communication circuits,and/or
• data circuiu in connection with the frame relay circuit and related equipment and/or soft�vare.
2. User understands and agrees that the County will not be responsible in any manner for accessing and linking
any portion of User's frame relay circuit�vith lines and/or connections o«�ned or used by the County.
3. The County wiil assume no liability for services,software and/or equipment of any kind provided by US West,
LOGIS or any other person or entity. The County�vill only be liable to the extent expressly set forth in said
� contract A10360
4. User understands and agrees that User,Logis and/or other person-not the County—will,at User's expense:
a. provide,maintain,diagnose and correct problems of,and support such frame relay and its access link;
b. be responsible for the installation and configuration of the IBVi 3270 emulation or Attachmate Estra
sott�vare;
c. be responsible for the configuratioR of inembers�vide area nehvork to support the bridging protocols •
required for access to the County; � �
d. diasnose and correct problems with the 3270 emulation or Attachmate Extra software,provided that
the County«•hen requested by User��•ill render such assistance as the Counry deems it reasonably can
provide;such assistance shall be rendered only from County premises consistent with the terms and
conditions of said contract No.A10360
e. notify the Counry of planned outases that�vill affect the User.
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