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HomeMy WebLinkAboutResolution - 2001-R0119 - Agreement To Provide Computer Lab Services At Maggie Trejo Supercenter - 04/12/2001Resolution No. 2001-80119 April 12, 2001 Item No. 50 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with regard to providing additional computer lab services at the Maggie Trejo Supercenter by and between the City and PowerUp: Bridging the Digital Divide, Inc., a copy of which Agreement is attached hereto, and any associated documents, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 12th day of April , 2001. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: CArn,� 2km"4 Tommy G zalez, A sist t City Manager APPROVED AS TO FORM: 0 DWald G. Vandiver, First Assistant City Attorney DDres/PowerUp.res April 3, 2001 Resolution No. 2001-RO119 April 12, 2001 Item No. 50 AGREEMENT BY AND BETWEEN POWERUP: BRIDGING THE DIGITAL DIVIDE, INC. AND City of Lubbock, Maggie Trejo Supercenter This Agreement (the "Agreement") is entered into the 15th day of February, 2001, by and between PowerUP: Bridging the Digital Divide, Inc. ("PowerUP") and ("City of Lubbock, Maggie Trejo Supercenter") (each a "Party" and collectively the "Parties"). RECITALS PowerUP is a charitable, not-for-profit Delaware corporation, exempt from federal income tax pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code. PowerUP, in collaboration with major corporations, non-profit organizations and governmental agencies, is organized and operated for the purpose of assisting under -served youth to obtain the skills, experiences and resources required to succeed in the digital age. PowerUP's activities are aimed at fulfilling the five promises identified by America's Promise - The Alliance for Youth as being key to building character and competence of our young people: caring adults; safe places; healthy start; marketable skills; and opportunities to serve. In the furtherance of its purposes, PowerUP seeks to provide computers, Internet accounts, instructor training, and access to interactive resources developed specifically for the PowerUP Program (together the "PowerUP Program") to entities engaged in, capable of, and committed to, providing and maintaining appropriate settings and services to enable under- served youth to obtain such skills, experience and resources. City of Lubbock, Maggie Trejo Supercenter is a charitable, not-for-profit municipal corporation, exempt from federal income tax pursuant to the provisions of the Internal Revenue Code. PowerUP and City of Lubbock, Maggie Trejo Supercenter have determined that City of Lubbock, Maggie Trejo Supercenter has met the eligibility requirements as outlined in Exhibit A for participation in the PdiverUP Program and City of Lubbock, Maggie Trejo Supercenter desires to participate in the PowerUP Program. The Parties hereby agree that the terms and conditions of this Agreement shall govern their respective rights and responsibilities with respect to the PowerUP Program. 1.0 Term. This Agreement, unless sooner terminated pursuant to Article 4, shall commence upon the date set forth above and shall expire on the third anniversary thereof. 2.0 Responsibilities of PowerUP. 2.1 General Description of the PowerUP Program. The PowerUP Program is an integrated computer and Internet literacy program under which PowerUP will provide City of Lubbock, Maggie Trejo Supercenter, based on needs identified during the site assessment by a PowerUP technician, some or all of the following: • Hardware *A Gateway Computer System consisting of either 10, 15, or 20 computers per lab based on need and room dimensions *One Hewlett Packard Network Printer per lab *Cisco Network Equipment including routers and switches in quantities of 1 per lab • Hardware Installation *Complete installation by a team of qualified, certified technical experts hired by PowerUP • Network *Americable is providing Peripheral Boxes in quantities either 5, 10, 15 or 20 (depending on the number of computers in the lab) consisting of 1 Lab -Tec headphones, 1 ACP Power strip, 1 Kensington computer lock patch cabes and a 20 piece toolkit • Technical Support * 12 -month technical site support assistance on as -need basis (providing no additional software is loaded onto the Gateway Computers) • Software *Up to 125 free AOL accounts *Norton Anti -Virus *Access to PowerUP Online, four age-appropriate areas on the Web created by PowerUP and the AOL Foundation to enrich and enhance Internet skills for youth *Access to PUPNet, an online area and feedback mechanism for site supervisors and PowerUP staff to share best practices ideas, program plans and activities *Microsoft Works Suite 2001, including Microsoft Word and Encarta *Restoration Software • Staff Training *Training for all PowerUP lab staff *Downloadable Operations Kit located on PUPNet for written guidelines • Aesthetics *PowerUP signs including a banner and window/door sign 2.2 Computer Hardware and Software. PowerUP shall provide the City of Lubbock, Maggie Trejo Supercenter with the number of computers, and consistent with the hardware and software specifications, as set forth in Exhibit 2.2. On delivery of such computers, title thereto shall vest in the City of Lubbock, Maggie Trejo Supercenter. The City of Lubbock, Maggie Trejo Supercenter expressly acknowledges and agrees that PowerUP is neither a manufacturer nor a seller of the computers and makes no express or implied representations, warrantees or covenants of any kind with respect to the operation or serviceability of the computers, all such representations and warrantees, if any and as any may exist, are made solely by the manufacturer of the computers. Any claims by the City of Lubbock, Maggie Trejo Supercenter with respect to such warrantees, representations and covenants shall be made directly against the maker of such warrantees, representations and covenants and not against PowerUP. 2 PowerUP Online and PUPNet. PowerUP shall provide, access to interactive resources developed specifically for the PowerUP program -- PowerUP Online and PUPNet, as outlined in Exhibit 2.2. 2.3 Installation and Technical Support. PowerUP will provide installation and ongoing technical support in accordance with Exhibit 2.3. 2.4 Internet Accounts and Internet Access/Connectivity. PowerUP shall provide the City of Lubbock, Maggie Trejo Supercenter Internet accounts and/or Internet access to the extent set forth in Exhibit 2.4. 2.5 Staff Training. PowerUP shall provide initial and on-going training to all staff serving in the PowerUP lab at City of Lubbock, Maggie Trejo Supercenter including site supervisors, VISTA members, and onsite lab staff. 2.6 Site Suitability. A PowerUP technician and City of Lubbock, Maggie Trejo Supercenter WILL complete an assessment of the suitability of the site to be operated by City of Lubbock, Maggie Trejo Supercenter for the PowerUP Program (the "site") before any support is provided by PowerUP to City of Lubbock, Maggie Trejo Supercenter. 2.7 PowerUP Program Policies and Procedures. PowerUP will provide City of Lubbock, Maggie Trejo Supercenter with an operations kit at the PowerUP training institute and review policies and procedures developed by PowerUP to further the PowerUP Program ("PowerUP Program Policies and Procedures"). The PowerUP Program Policies and Procedures may be altered, amended and updated from time to time during the term of this Agreement. PowerUP shall provide the City of Lubbock, Maggie Trejo Supercenter with copies of any changes or additions at least thirty (30) days prior to their effective date. The PowerUP Program Policies and Procedures cover such program requirements as training, use of the PowerUP name, curriculum, staffing, reporting and evaluation. 3.0 Responsibilities of the City of Lubbock, Maggie Trejo Supercenter. 3.1 Implementation, Operation and Maintenance of PowerUP Program. The City of Lubbock, Maggie Trejo Supercenter shall implement, operate and maintain the PowerUP Program at the Site in accordance with PowerUP Program Policies and Procedures for the term of this Agreement. 3.2 Staffing and Hours of Operation. The City of Lubbock, Maggie Trejo Supercenter shall, at its expense, staff and operate the PowerUP Program in accordance with the minimum requirements for staff and hours of operation as are set forth in Exhibit 3.2. 3.3 Insurance. The City of Lubbock, Maggie Trejo Supercenter shall, at its expense, obtain and maintain insurance providing coverage for any loss of or damage to the computers, in amounts equal to the computer's replacement value, subject to standard and customary deductibles. Documentation of such policy shall be provided PowerUP upon request. Proceeds from any claim on such policy for loss or damage to the computers, shall be exclusively utilized to replace or repair the computers. 3.4 Proprietary Information. The City of Lubbock, Maggie Trejo Supercenter acknowledges and agrees that information contained in the PowerUP Program Policies and Procedures is the property of PowerUP and is proprietary to PowerUP. The City of Lubbock, Maggie Trejo Supercenter shall not reproduce or use information contained in the PowerUP Program Policies and Procedures except in the furtherance of the PowerUP Program. 3.5 Maintenance of Corporate Status. The City of Lubbock, Maggie Trejo Supercenter shall at all times operate and maintain its status as a corporation exempt from taxation pursuant to the provisions of the Internal Revenue Code and as a corporation in good standing in the state of its incorporation. 3.6 Site Responsibility. The City of Lubbock, Maggie Trejo Supercenter affirmatively acknowledges and agrees that it will at all times retain full and complete responsibility for the Site including, without limitation: (i) the hiring, supervision, discipline and termination of employees and agents; (ii) the maintenance of healthy, safe and secure facilities; and (iii) the supervision and safety of students and staff. 3.7 Site Sustainability. The City of Lubbock, Maggie Trejo Supercenter shall use its best efforts to identify and develop additional government, corporate, foundation or other funding sources to support the long-term sustainability of the program at the Site, which efforts shall include, among others, fundraising efforts. 3.8 Communications and Publicity. 3.8.1. Banners and Signage. The City of Lubbock, Maggie Trejo Supercenter agrees to display PowerUP banners at the Site in such locations as PowerUP and the City of Lubbock, Maggie Trejo Supercenter shall mutually determine. Such banners and signs will be provided by PowerUP at its expense. 3.8.2. Public Events and Media Announcements. Prior to all public events and/or media announcements relating to the operation by City of Lubbock, Maggie Trejo Supercenter of the PowerUP Program at the Site, City of Lubbock, Maggie Trejo Supercenter shall ensure that PowerUP is fully involved in the planning and appropriately included in the implementation. Written and other marketing/communications materials, including the use of the PowerUP name and/or logo shall be approved by PowerUP at least three 3 -business days prior to release. Unless otherwise agreed by the Parties, PowerUP will not be responsible for the costs associated with such public events or media announcements. 3.9 Program Evaluation. The City of Lubbock, Maggie Trejo Supercenter shall comply with any reporting standards included as part of the PowerUP Program Policies and Procedures for the purpose of assessing the success of the PowerUP Program at the Site. City of Lubbock, Maggie Trejo Supercenter agrees to provide PowerUP with reasonable access to the Site and to records relating to City of Lubbock, Maggie Trejo Supercenter's operation of the PowerUP program upon advance notice to City of Lubbock, Maggie Trejo Supercenter. If the Site fails to meet minimum evaluation criteria set forth in PowerUP Program Policies and Procedures or developed pursuant to the letter of agreement, PowerUP shall notify City of Lubbock, Maggie Trejo Supercenter, and the Parties shall discuss and attempt to agree on appropriate remedial action. rd Failure to satisfy such criteria shall be grounds for early termination of the Agreement by PowerUP. 4.0 Early Termination. 4.1 Early Termination. 4. 1.1 Termination for Cause. This Agreement may be terminated prior to its expiration date by either Party only for cause, and then only upon sixty (60) days prior written notice, which notice shall set forth the basis for such action. In the event of such notice, the Party alleged to be in default will have 45 days to cure any such default. 4.1.2 Termination by PowerUP. In addition to its right to terminate early pursuant to Section 4.1.1 above, PowerUP shall have the right to immediately terminate this Agreement upon written notice in the event that any actions of City of Lubbock, Maggie Trejo Supercenter are deemed by PowerUP to seriously impair the reputation of PowerUP or the integrity of the PowerUP Program including failure to respond to PowerUP after 5 consecutive attempts to contact City of Lubbock, Maggie Trejo Supercenter either by phone, mail or email. 4.2 Obligations Upon Early Termination. Upon early termination, City of Lubbock, Maggie Trejo Supercenter shall: (i) cease using the name PowerUP; (ii) return all manuals, the PowerUP Program Policies and Procedures, or other proprietary materials of PowerUP; (iii), upon request of PowerUP, deliver to PowerUP all computer hardware and software; and (iv) assume direct responsibility for all ongoing payments and costs of the Internet accounts. 5.0 Indemnification. Each Party covenants to indemnify and hold the other harmless to the extent permitted by law, from any and all losses, damages or liability, including attorneys fees, arising out of negligence or other unlawful malfeasance or nonfeasance by the Party or the Party's servants, agents or employees, upon of in relation to the fulfillment of duties under this Agreement. Each Party further covenants to the other that, in case any claim or demand is asserted against it which may result in liability to the other, that it shall give prompt notice thereof in writing to the other Party and it shall cooperate in the investigation of any such claim or defense of any such action arising therefrom. 6.0 Miscellaneous. 6.1 Relationship of Parties. In performing services hereunder, each Party shall be, and at all times shall act and perform as, an independent contractor. Nothing herein shall be construed to create an employer-employee relationship between the Parties or between the Parties' employees or agents. Neither Party shall be authorized to act as agent for the other or to incur any liability in the name of or on behalf of the other unless provided in this Agreement or specifically authorized by the Party which would be responsible for the obligation. 5 6.2 Delivery of Notices. Any notice, direction or instrument required or permitted to be given hereunder shall be given in writing and may be mailed postage prepaid by registered mail, transmitted by telecopier or other form of recorded communication or delivered by one Party to another at the address of the Party set in Exhibit 6.2 and, if delivered or telecopied, shall be deemed to have been given or made on the day on which it was delivered or telecopied, or if mailed, shall be deemed to have been given or made on the seventh business day following the day after which it was mailed, and either Party may, from time to time, give notice of any change of its address in the manner herein provided and, in such event, the address of the Party shall be deemed to be changed accordingly. 6.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 6.4 Further Assurances. The Parties shall execute and deliver all instruments in writing and do or cause to be done all such acts and things as may be necessary or proper for carrying out the purpose or intent of this Agreement. 6.5 Force Majeure. Each Party shall be excused for any failure or delay in performing any or all of their respective obligations under this Agreement, if such failure or delay is caused by any act of God, accident, explosion, fire, storm, hurricane, earthquake, flood, drought, peril of the sea, riot, embargo, war or foreign, federal, state or municipal order, any failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labor, delays occasioned by the failure of the other Party to perform, or any other circumstance or event beyond the reasonable control of the Party relying upon such circumstance or event. 6.6 Amendment or Assignment of the Agreement. This Agreement may only be amended by a written instrument executed by the duly authorized representative of each Party. This Agreement may not be assigned by either Party except with the written consent of the other Party. 6.7 Paragraph Headings. The headings preceding the text, articles and sections hereof have been inserted for convenience of reference only and shall not be construed to effect the meaning, construction or effect this Agreement. 6.8 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument, which shall be sufficiently evidenced by any such original counterpart. 6.9 Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality shall not effect the validity of the remainder of this Agreement. 6.10 Attachment by Reference. All exhibits and attachments hereto, and the PowerUP Program Policies and Procedures, as the same may exist from time to time, are attached hereto and incorporated herein by reference. 6.11 Entire Agreement. This instrument contains all of the understandings and agreements of whatsoever kind and nature existing between the Parties hereto with respect to this Agreement M and the rights, interest, understandings, agreements and obligations of the respective parties pertaining to the subject matter hereof. 6.12 No Third Party Rights. This Agreement is for the sole and exclusive benefit of the Parties hereto and no other party, entity, association or individual, including, without limitation, City of Lubbock, Maggie Trejo Supercenter, shall be deemed by any provision of this Agreement to be entitled to any of the benefits hereof. The Parties have executed this Agreement as of the day and year first above written. City of Lubbock, Maggie Trejo Supercenter 1 By: Name: WINDY SI N Title . Mayor ATTEST: Rebbeca Garza, City Secretary APPROVED AS TO CONTENT; C6�e� A��4 Ron Lewis, Assist.to City Manager APPROVED AS TO FORM: s GY Vandiver, First POWERUP: BRIDGING THE DIGITAL DIVIDE, INC. B�Q' A �ay: Name: Rae Grad Title: Chief Executive Officer sistant City Att 7 EXHIBIT A PowerUP SITE ELIGIBILITY REQUIREMENTS Before you develop your proposal please review the following Eligibility Requirements. Proposals that fail to meet the following requirements will not be considered. 1. Pledge to adopt and abide by the PowerUP program philosophies, including the "Five Promises:" caring adults, safe places, a healthy start, marketable skills and opportunities to serve. Fulfillment of this pledge shall be demonstrated by maintaining a properly staffed, safe and secure PowerUP site, implementing the PowerUP Online program, as well as meeting all other program requirements as set forth in the PowerUP Operations Manual. 2. Demonstrate commitment to serving children and young people (grades K-12) living in underserved communities. Whether a community is considered underserved is based on a variety of factors including but not limited to: • Average income level of the community; • Unemployment rate; • Number of Title I Schools in the community; • Educational attainment and high school dropout rate; • Average housing costs and home ownership rates; • Age and condition of existing infrastructures. 3. Operate as a non-profit organization, which will be available for use by eligible children and youths who reside in the immediate vicinity of the facility. For purposes of this program, eligible facilities include, but are not limited to, community-based facilities operated by: • Units of local government, including school districts; • Nonprofit, faith -based organizations, including neighborhoods churches; • Nonprofit civic associations or homeowners' associations; and, • Nonprofit organizations, the missions of which include improving conditions for residents of distressed communities. (In limited circumstances, a for-profit entity may be designated a PowerUP site 4. Demonstrate successful operation of a program for underserved youth for at least 3 years. Sites are selected with the understanding that they will sustain a three year PowerUP program. 5. Demonstrate, community support for the long-term operation as a PowerUP site. 6. Demonstrate the capacity to operate year round during non -school hours, including scheduled school year breaks and vacations 7. Must have the capacity to provide- and cover costs associated with - staff for the PowerUP lab. Each organization must have at least two full-time staff members at your disposal who could assume PowerUP responsibilities and could be trained according to PowerUP methods. You will be responsible for funding these positions according to your own guidelines. M. 8. An alternate staffing option is to have two AmeriCorps*VISTA members placed at your site. Your organization will be responsible for raising $15,000 per year for each AmeriCorps*VISTA member to be placed in your site. Therefore the minimum amount of funds needed for each affiliate is $30,000. Larger programs will require more than two, depending on the number of children being served and the needs of the program. 0 EXHIBIT 2.2 COMPUTER HARDWARE AND SOFTWARE The following hardware will be provided based on need by PowerUP at its expense to City of Lubbock, Maggie Trejo Supercenter: • Gateway Computer System Quantity: 10 computer stations for a 20 x 20 room 15 computer stations for a 20 x 25 room 20 computer stations for a 20 x 30 room Computer configuration described below is subject to change due to technology revisions. Processor: Inte1R Celeron(tm) Processor 633MHz Memory: 64MB 100MHZ SDRAM expandable to 256MB Monitor: EV500 15" Color Monitor (13.9" viewable area) Video: Integrated IntelR 3D Graphics Hard Drive: 15 GB Ultra ATA hard drive Floppy Drive: 3.5" 1.44MB diskette drive CD-ROM. 20X min./48X max. CD-ROM drive Sound System: Integrated Business Audio Case: Micro Tower Keyboard: 104+ keyboard Mouse: PS/2 Mouse and Gateway Mouse Pad Operating System: MicrosoftR Windows Millennium Edition Expansion Slots: 4 PCI Network Adapter: PCI 10/100 Ethernet Adapter Limited Warranty Program: 3 Years Parts & Labor Limited Warranty, 1 Year On -Site Service, Limited Hardware & Software Tech Support as long as you own your system • Hewlett Packard Network Printer (model: 4050 or 2100) —or competitive model brand Quantity: 1 per lab • Cisco Network Equipment Router: 1605-R Quantity: 1 per lab Switch: Catalyst 2900 Quantity: 1 per lab* *If a site is a school with more than 20 computers, 2 switches will be provided 10 • Americable Peripheral Box Quantity: 5, 10,15 or 20 depending on the number of computers in the lab Box Includes: 1 Lab -Tec Headphones 1 APC Power Strip 1 Kensington Computer Locks 1 7' & 14' Patch Cables 20 piece tool kit (included in each bulk shipment—so one per lab) The following software will be Pre -loaded on each Gateway: Application Software: Microsoft Works Suite 2001 Restoration Software: Go Back Standard Gateway Computer System Anti -Virus Software: Norton • Sites will also have access to PowerUP Online/PUPNet PowerUP Online consists of four age-appropriate areas on the Web created by PowerUP and the AOL Foundation to enrich and enhance Internet skills for youth. PUPNet is an online area and feedback mechanism for site supervisors and PowerUP staff to share best practices, ideas, programs plans and activities. Note: PowerUP's obligation to provide the computer equipment and software described in Exhibit 2.2 is contingent on cable wiring and connectivity being in place at the physical location of the PowerUP lab at a Site. 11 EXHIBIT 2.4 INTERNET ACCOUNT AND INTERNET ACCESS/CONNECTIVITY INFORMATION Each PowerUP is site will receive: • AOL Accounts Quantity: 125 accounts per site (5 administrator accounts with 30 accounts per grade level) Install: will be done by our technicians; who will load, set up the accounts and register the accounts with site staff at the time of hardware installation. Based on need (as determined during the assessment stage), sites maybe eligible to receive: • Internet Access/connectivity If your lab needs connectivity to the Internet, your Regional Site Coordinator will work with you to identify a DSL or Cable Modem connectivity solution in your area, from one of our connectivity partners. 13 EXHIBIT 3.2 STAFFING AND HOURS OF OPERATION REQUIREMENTS Staffing: Each site is responsible at its own expense for providing at least two (2) staff members to serve at their PowerUP lab. The following are minimum requirements a site must adhere to in order to qualify as a PowerUP lab: Site Supervisor: a current site employee who devotes up to 30% of his or her time in the PowerUP lab; AND PowerUP Lab Staffer: an employee who devotes 100% of his or her time in the PowerUP lab. Staff may currently be employed within the organization and be reassigned to PowerUP full time or a new employee may be hired specifically to fill this position; OR AmeriCorps VISTA Member: sites can choose to recruit a VISTA member from the Corporation for National Service. Sites are responsible for covering the cost of employing the VISTA member for a 12 -month term. If the site chooses to hire a VISTA member, the site is responsible for hiring and paying for a replacement lab staffer when the VISTA member's 12 -month term expires. All personnel costs are the responsibility of the local site. Please note: All individuals serving in a PowerUP lab are required to sign a release form authorizing PowerUP to conduct federal and state background checks prior to attending the PowerUP Training Institute. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to your potential participation in the program, before making the adverse decision, we will provide you with a copy of the consumer report and a description in writing of your rights under the federal Fair Credit Reporting Act. Hours of Operation: The PowerUP facility must operate year-round during non -school hours, including scheduled school year breaks and programs. When the PowerUP centers are not used for the PowerUP program, the centers may be used for regular classes during school hours, teacher training, adult learner programs or other programs that contribute to the local community. Computers in PowerUP centers may not be used for administrative or commercial purposes. 14 EXHIBIT 6.2 NOTICES Any notice given under this Agreement shall be sufficient if in writing and mailed by either registered or certified mail, return receipt requested, postage prepaid, to the City of Lubbock, Maggie Trejo Supercenter at.- Attn: t: And to Power UP at: Attn: Power UP 1650 Tysons Boulevard Suite 610 McLean, Virginia 22102 Attn: 15