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HomeMy WebLinkAboutOshkosh Area School District/Computer Service COMPUTER SERVICE AGREEMENT PROVIDING FOR ANNUAL OPERATING COSTS AND PAYMENT OF PROMISSORY NOTES SERIES 1983-C THIS AGREEMENT, made and entered into this 7th day of Feb- ruary, 1986, by and between the CITY OF OSHKOSH, a State of Wiscosin municipal corporation, hereinafter called "City", and OSHKOSH AREA SCHOOL DISTRICT (Unified) , hereinafter called "school WHEREAS, Wisconsin Statutes, Section 66.30, authorizes municipalities to enter into government contracts to provide services authorized by Wisconsin Statutes, and WHEREAS, it is mutually beneficial for the City and the School to enter into an agreement to provide for computer service to be used jointly by the City and School, and WHEREAS, the governing bodies of the City and School have duly adopted resolutions authorizing the execution of this Agreement, NOW, THEREFORE, BE IT RESOLVED that the City and the School for and in consideration of mutual covenants and undertakings herein contained do agree as follows: 1. That the parties have heretofore pursuant to resolution adopted by the Oshkosh Area School Board and the City of Oshkosh purchased a Hewlett-Packard computer system and the City of Oshkosh has issued Promissory Notes Series 1983-C for payment of said computer system. 2. The School hereunder agrees to pay for 50% of the original shared computer equipment costs and 100% of the School costs as indicated on Exhibit A attached hereto. 3. The City agrees to pay 50% of the original shared equipment costs and 100% of the original cost ascribed to the City on Exhibit A attached hereto. 4. The School agrees to pay, pursuant to Exhibit B attached hereto, their remaining portion of the Promissory Note Series 1983-C which includes principal and interest payments through May 1, 1988, and as are outlined on said Exhibit B attached hereto. 5. The School and City agree that the actual operating expenses for the computer center will be administered and paid monthly as billed by the school, the types of expenses and estimates shown in Exhibit C attached for illustration purposes. 6. Either party may terminate the relationship provided a six month written notice is given. A buyout option shall then exist and a fair market price shall be paid to the surviving party. 7. Any future acquisition of shared equipment shall be submitted to and approved by both governing bodies prior to purchase. The City may purchase equipment through the school district's account provided remittance of said expenses is timely. 1 8. Both parties shall be held harmless for any damages due to vandalism, theft, electrical malfunction or any other unforeseen interruption of service. 9. Title to the shared equipment (Schedule A) shall be held by the school district as the equipment is protected by the district's insurance policy. By virtue of this cooperative agreement and the 50/50 sharing in the purchase price and annual operation, the City has implied equal ownership rights. 10. The parties further agree to establish an audit committee consisting of three (3) members, one appointed by the school, one appointed by the City, and one appointed by the School and City together. The auditing committee will anually evaluate the costs incurred for the computer center and will adjust the costs to be paid by the respective parties based upon actual usage. 11. Should there be any dispute as to any of the paragraphs of this Agreement, or as to the results of the audit as determined by the auditing committee, the disputes will be resolved by arbitration in accordance with the rules and regulations of the American Arbitration Association and the results of said arbitration shall be binding upon the parties. The costs of such arbitration proceedings shall be divided equally between the parties. IN WITNESS WHEREOF, the City and School have hereunto set their hands and seals the date first above written. OSHKOSH AREA SCHOO DISTRICT (Unified) By: 411 (Witness) X0-414,-(4-f--4- 1474--!/ � And: (Witness) CITY OF OHKOSH /714,447/ (W' tn s ! ) 1 1411 iant D. Frueh, City Manager d\;-&-1/7.11,12,.. / G J : And: ( ' 2 ) (Witness) Donna C. Serwas, City Clerk A PROVED: ( j / City Attorney- : 4 e-eft,:a 2 Exhibit A 11 /8/84 ORIGINAL HEWLETT-PACKARD COMPUTER EQUIPMENT COSTS Shared Equipment 32445A HP 3000 Series 42 $ 28,220.00 OPT 507 Expand Memory to 1024KB 6,970.00 30018A ADCC Main (2 ports Console Modem) 720.38 30019A ADCC Extender 7933H 404MB Disc Drive 21 ,692.00 7970E Magnetic Tape Drive 8,636.00 OPT 426 Tape Subsystem 4,343.50 2611A 600 LPM Printer 15,776.00 OPT 340 Printer Subsystem 2, 150.50 30079A General 1/0 Channel 1 ,615.00 2622A Display Terminal ( 1 ) Console 1 ,878.50 $92,001 .88 Board of Education 2622A Display Terminal (4) 7,514.00 ADCC (5 ports - 4 terminals, 1 Opscan) 1 ,800.94 9,314.94 50% of Shared Equipment 46,000.94 Total Board of Education Cost $55,315.88 City of Oshkosh 2622A Display Terminal (8) 15,028.00 2631B 180 CPS Printer ( 1 ) 3,374.50 ADCC (9 ports, 8 terminals, 1 printer) 3,241 .68 21 ,644. 18 50% of Shared Equipment 46,000.94 Total City of Oshkosh 67,645. 12 GRAND TOTAL $122, 961 .00 Exhibit B 8/30/85 CITY OF OSHKOSH PROMISSORY NOTE SERIES 1983-C SCHOOL PORTION Due Date Principal Interest Total May 1 , 1986 $11 , 119.00 $3,572.00 $14,691 .00 November 1 , 1986 1 ,522.00 1 ,522.00 May 1 , 1987 15,388.00 1 , 119.00 16,507.00 November 1 , 1987 1 ,021 .00 1 ,021 .00 May 1 , 1988 13, 145.00 1 ,027.00 14, 172.00 a L) \o z O 0 CO 0 `CD CO 00 •H 0 a � x � .H r--1 Q N N 0 W W }■ 0 00 0 0 0 0 00 0 H d- C) Le) O ro • Ln .--r V) d' \ M Ln N di- H H 0 Cl) z 0 L) a ° C) ° 00 n o0 df' Q M N Lf) Ln 0 VD Cr) 'C 0 00 00 IA •-1 M d- C V d CT N d- ,--1 b4 W3 0 w v7 H VD 0 c4 i O d- O O O O d- H H 00 NN O O NN M Z H O M l— C) all N- \O U ,-1 n _ 49. W H a. 0 L) C W H U W r] r-, O O4 0 g. a, a a) d g g 3 H cd cd 4-) a) a) o +-) +-) U) G g cd cd a) in g g E a) C.) a) 0 cd b4 •H •H a) C)) ,g O Cl) 4-) U 0 Cl. W `-i N H r-4 (1) r-I a) to a) •H a g C• � 4-) Cl) E H 4-4 as H U W 0 a) 0 0 a) cd Ca U H U) c) a. w Oshkosh Ateet Sdwot 7idstece 1500 SOUTHLAND AVENUE .. P. O. BOX 3048 .. OSHKOSH, WISCONSIN 54903 (414424-0100) JAMES B. HENDERSON,Ph.D. LAWRENCE H. KREBS Superintendent of Schools Director of Business Services March 12, 1986 Donna C. Serwas, City Clerk City of Oshkosh P. 0. Box 1130 Oshkosh, WI 54902 Re: Computer Agreement Dear Donna: Enclosed are two copies of the computer agreement with the City of Oshkosh. After the contract has been countersigned, we would appreciate receiving a copy for our files. Thank you. Sincerely, Zep Business Office em Enc. EQUAL OPPORTUNITY EMPLOYER