HomeMy WebLinkAboutContract 47270 m
COMRACM
INTERLOCAL AGREEMENT
FOR LIBRARY SERVICES
This Interlocal Agreement for Library Services ("Agreement") is made and entered into by and
between the City of Fort Worth ("Fort Worth") and the City of Haltom City ("MetrOPAC
Library"), acting by and through Thomas J. Muir, its duly authorized City Manager.
WHEREAS, the Texas State Legislature has authorized the formation of Interlocal
cooperating contracts between and among governmental entities;and
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code which authorizes Fort Worth and MetrOPAC
Library to enter into this Agreement for purposes of providing a governmental function or
service that each party to the contract is authorized to perform individually; and
WHEREAS, Fort Worth operates a System that uses advanced technology specifically
designed by System Vendor for the efficient circulation; cataloging; acquisition; and processing
of library materials, maintenance of customer accounts, and access to online databases and other
electronic materials;and
WHEREAS, the System is adaptable to provide similar services to other libraries in the
vicinity of Fort Worth; and
WHEREAS, the cities of Fort Worth, Benbrook, Burleson, Haltom City, Keller, Richland
Hills, and Watauga have joined to create the MetrOPAC Library Consortium to receive
automated library system services from Fort Worth, provide reciprocal borrowing services
for their residents, and negotiate cooperative library material purchasing and licensing
agreements;and
WHEREAS, the governing bodies of Fort Worth and MetrOPAC Library previously
entered into an interlocal agreement in City Secretary Contract No 33521 and now wish to
enter into a new agreement for library services; and
WHEREAS, the governing bodies of Fort Worth and MetrOPAC Library find that this
Agreement is necessary for the benefit of the public and the performance of this Agreement is in
the common interest of both parties; and
WHEREAS, the governing bodies of Fort Worth and MetrOPAC Library have authorized
entering into this Agreement;and
WHEREAS, the governing bodies of Fort Worth and MetrOPAC Library, in paying for
the performance of governmental functions or in performing such governmental functions, shall
make payments only from current revenues legally available to such party
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 1
OFFICIAL R ECOSID
F C' INOIrm �r 1
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements
contained herein, the parties do hereby agree as follows:
The Contract documents shall include the following:
1. This Interlocal Agreement for Library Services
2. Exhibit A—System Buy-In Costs
3. Exhibit B—Standard System
4. Exhibit C —PC Workstation Requirements and Remote Desktop Services
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the documents, the terms and conditions of
this Interlocal Agreement for Library Services shall control.
1. DEFINITIONS.
1.1. Effective Date is the final date on which this Agreement has been executed by both
parties.
1.2. Integrated Library System (ILS) is an advanced technology software specifically
designed for the efficient circulation; cataloging; acquisition; and processing of library
materials, maintenance of customer accounts, and access to online databases and other
electronic resources.
1.3. Live Date is the day on which the Library uses the System in a live, production
mode for normal daily business, including searching the public access catalog
and circulating materials.
1.4. MetrOPAC is a consortium of libraries in Tarrant County, Texas whose
members receive automated library system services from the Fort Worth Library.
Members share the integrated library system database, provide reciprocal
borrowing services for their residents, and negotiate cooperative library material
purchasing and licensing agreements.
1.5. Polaris Profile is each library's Polaris settings that manage the library's item,
bibliographic, and borrower records; borrower permissions; loan periods; fines
and fees; notices; statistics; reports; bibliographic record import rules; holds;
materials budgets; purchase orders; EDI processes; invoices; serials check-in;
claims; and inventory.
1.6. PowerPAC is the public interface for the Polaris system. It provides
information about the libraries' holdings. It enables the public to find titles
owned by the library, place holds on materials, build and store reading lists,
recommend and comment on titles, pay fines, and manage their library accounts.
It also provides access to the libraries' electronic resources.
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1.7. Standard System is the Polaris system and existing and new third-party
products integrated and/or purchased as part of the initial system implementation
as described in Exhibit B.
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1.8. System is the integrated library system operated by Fort Worth.
1.9. System Documents are all contracts, purchase agreements, leases, software
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licenses and other documents related to the System.
1.10. System Implementation is the process of planning and migrating from the
existing system to Polaris and training staff to use the new System. System
Implementation includes integrating existing Third-Party equipment, software,
and services with the Polaris System.
1.11. System Vendor is GIS Systems, doing business as Polaris Library Systems.
1.12. Third-party is any individual or entity other than the parties to this Agreement
that provides a product or service that interfaces with the System. Third-party
products and services can_be obtained directly by the MetrOPAC Library, or
purchased or licensed by the City of Fort Worth for the mutual benefit of the
MetrOPAC Consortium.
2. PURPOSE AND SCOPE.
The purpose of this Agreement is to promote the efficient provision of automated library
services in public libraries in Tarrant County, Texas. Fort Worth's Central Library is the base
of all operations related to the System. The System serves all of Fort Worth's libraries as well
as other Tarrant County libraries that enter into the MetrOPAC Consortium. Subject to and in
accordance with this Agreement, MetrOPAC Library's public libraries will receive access and
be linked to the System. Fort Worth will also provide MetrOPAC Library with certain
associated maintenance services and administrative assistance. MetrOPAC Library shall
compensate Fort Worth for access, maintenance, and support services as provided in this
Agreement.
3. TERM.
This Agreement shall commence on the Effective Date and remain in effect for five (5)
years. After five (5) years, the Agreement shall automatically renew for successive one (1)
year terms ("Renewal Period") and shall continue in full force and effect unless terminated
by either party upon written notice. Such notice of intent to terminate must be given not later
than ninety(90) days prior to the end of the original term or any Renewal Period.
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 3
4. SERVICES PROVIDED.
4.1. Use of System
MetrOPAC Library shall enjoy full use of the modules and features available on
the Standard System, and any others that may be added during subsequent System
upgrades. Fort Worth is ultimately responsible for the quality and accuracy of the
borrower, holdings, and other System databases, and reserves the right to establish and
implement standards and practices that will benefit all MetrOPAC participants.
MetrOPAC Library shall enjoy frill use of any System services and features that
are covered by its annual maintenance payments. MetrOPAC Library will have the
option to purchase new services and features that are not included with annual
maintenance costs.
MetrOPAC Library shall be responsible for carrying out its local, day-to-day
operations of the various System modules. Fort Worth will provide necessary training
so that MetrOPAC Library staff can successfully carry out the operations themselves.
Fort Worth does not provide internet access, e-mail, or other
telecommunications and/or networking services.
4.2. Customer Support Service.
4.2.1. Fort Worth shall provide telephone support for MetrOPAC Library in
the diagnosis of software and operational problems related to the
Standard System 9:00 a.m. through 6:00 p.m. Monday through
Saturday.
4.2.2. Fort Worth shall provide MetrOPAC Library a contact list for requests
for routine changes to MetrOPAC Library's Polaris profile policies or
OPAC configuration, and questions about specific Polaris functionality.
Such assistance will be available 9:00 a.m. through 6:00 p.m. Monday
through Friday.
4.2.3. Fort Worth shall provide scheduled on-site, non-emergency assistance to
MetrOPAC Library personnel 9:00 a.m. through 6:00 p.m. Monday
through Friday.
4.3. Emergency Support.
Fort Worth shall provide on-site emergency support through the System Vendor
only in the event of a system emergency. System emergency shall be defined as (1) no
client workstation can connect to the database server, (2) the System cannot check-in
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 4
or check-out, (3) transaction processing has failed, or (4) the System fails to allow
searching of the local bibliographic database.
4.4. Management Reports.
Fort Worth shall produce or assist the MetrOPAC Library in producing
overdue notices, bills and statistical reports in a form and on a schedule mutually
agreed to in writing by Fort Worth and MetrOPAC Library.
4.5. Training.
Fort Worth shall provide or arrange training to MetrOPAC Library personnel
that is necessary for operation of the Standard System. Training will be open to staff
at all MetrOPAC libraries. This training may be conducted at Fort Worth, at a
MetrOPAC library, or online as provided by Polaris.
Training conducted by Polaris staff for basic System operation is included as
part of the MetrOPAC Polaris implementation. Costs for this training are included in
the MetrOPAC Library's buy-in as shown in Exhibit A. Training details are shown
in Exhibit B. If MetrOPAC Library desires additional training by Polaris, Fort Worth
will coordinate with other interested MetrOPAC libraries and pass along any Polaris
training charges to the participating libraries.
4.6. Additional Custom Support and Training.
Initial Polaris profile and PowerPAC customization is included as part of the
System Implementation. Fort Worth shall make all reasonable efforts to customize the
MetrOPAC Library's Polaris profile and PowerPAC interface to support the
MetrOPAC Library's special requirements, so long as such customization does not
interfere with the other MetrOPAC libraries' use and enjoyment of the System.
Following System Implementation, the Fort Worth Library will provide
MetrOPAC Library up to three (3) hours per month of custom support and training
for the System as part of annual maintenance. Fort Worth will bill MetrOPAC Library
at the rate of $50.00 per hour for all custom support and training over and above
three (3) hours per month.
Such customization will be provided on a schedule mutually agreed upon in
writing by Fort Worth and MetrOPAC Library. Fort Worth reserves the right to pass
on any related System Vendor charges.
4.7. Warranty of Services.
Neither Fort Worth nor the System Vendor shall guarantee services for circuit
disruptions outside the control of Fort Worth and/or the System Vendor. Such
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disruptions may include, but are not limited to, functional or performance deficiencies
of the System Vendor or increases in usage by other community libraries that exceed
planned usage. Service issues will be handled on a best-effort-basis in conjunction with
the System Vendor's performing warranty work.
4.8. System Maintenance, Upgrades, and Enhancements.
Fort Worth or the System Vendor will provide maintenance for the System
functions and equipment. As Polaris is hosting the System, it will install System
patches, updates, and new version releases. Such patches, updates, and releases will be
installed on a schedule mutually agreed upon by the MetrOPAC libraries and Polaris.
System patches, updates, and new releases are generally included as part of
MetrOPAC Library's annual maintenance costs. In the event there are additional
software or hardware costs associated with a new release, Fort Worth will purchase
the necessary components. MetrOPAC Library will reimburse Fort Worth for its share
of the additional costs on a mutually-agreed-upon schedule.
If the vendor develops optional product or service enhancements to the current
System that are available at an additional cost, and that Fort Worth deems to be
beneficial to the MetrOPAC Consortium as a whole, Fort Worth may implement the
enhancements for the entire MetrOPAC Consortium at no additional charge to the
MetrOPAC Library. In the event the enhancement costs more than Fort Worth can
absorb and is one that can be made available only to participating MetrOPAC libraries,
those libraries that wish to utilize the enhancement can reimburse Fort Worth for their
share of the additional costs on a mutually-agreed-upon schedule.
If MetrOPAC Library desires to have access to an optional System
enhancement that is not provided as part of routine System upgrades, new releases, or
MetrOPAC Consortium enhancements, the MetrOPAC Library will reimburse Fort
Worth for the costs of acquiring and implementing the enhancement, including costs
for custom support and training as defined in 4.6.
MetrOPAC Library is solely responsible for providing, maintaining, and
updating its own local hardware and software necessary for use of the System,
including upgrades required due to System upgrades, new releases, and the
implementation of additional optional System features. System requirements
recommended by Polaris for the successful operation of the system are described in
Exhibit C. Fort Worth will notify MetrOPAC Library of local hardware and software
upgrade requirements as far in advance as possible.
If the MetrOPAC Library wishes to use a different operating system or system
configuration to access Polaris, it should first consult with the appropriate Fort Worth
staff. Fort Worth does not guarantee Polaris will operate on alternative operating
systems or that Fort Worth staff can support alternative operating systems. Fort Worth
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does not support use of the System on Macintosh operating systems, hardware, or mobile
devices. Fort Worth will charge the MetrOPAC Library for all costs associated with use
of an alternative operating system, which shall be determined at Fort Worth's sole
discretion.
4.9. Third-party Vendor Services.
Fort Worth shall assist MetrOPAC Library with planning and implementing third-
party vendor services that are utilized by the System.
Existing Third-party equipment, software, and services will be migrated and
integrated during System Implementation. Some services may not be fully
integrated until after the Live Date.
If more than half of the Consortium MetrOPAC members wish to implement a
new Third-party solution, Fort Worth will attempt to contract with the Third-party
vendor on behalf of the MetrOPAC Consortium and will add a proportionate share of
the Third- party vendor's charges, plus any related System Vendor charges, to each
participating library's annual maintenance costs. Implementation will be made on a
mutually-agreed-to schedule that makes most efficient use of staffs time. Fort Worth
Library will not charge for work performed in association with implementing a
MetrOPAC Consortia! Third-party solution.
If MetrOPAC Library decides to implement a known Third-party solution that is
already in use at other MetrOPAC libraries, it may, if mutually agreeable, be added to
the Fort Worth Library's existing Third-party contract if allowed under the terms of the
contract. Associated costs will be added to MetrOPAC Library's annual maintenance
charges. Otherwise, MetrOPAC Library will be responsible for all contracts and
charges associated with the Third-party implementation. Implementation will be made
on a mutually-agreed-to schedule that makes most efficient use of staff's time. Fort
Worth Library will not charge for work performed in association with implementing a
known Third-party solution, so long as the work can be accomplished as described in
4.2 and 4.6.
If MetrOPAC Library wishes to implement a Third-party solution different and
independent from the other MetrOPAC members and that is unfamiliar to Fort Worth, it
must first consult with Fort Worth to determine if the solution is feasible and to
schedule the work. Such schedule must be mutually agreed to in writing by Fort Worth
and MetrOPAC Library. MetrOPAC Library will be responsible for all contracts and
charges associated with its independent Third-party implementation. Fort Worth will
bill MetrOPAC Library at an hourly rate of$50.00 for all work performed in
association with implementing and supporting independent third-party solutions and
will also bill MetrOPAC Library for any related System Vendor charges.
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5. COMPENSATION.
5.1. System Access.
MetrOPAC Library shall pay Fort Worth a System buy-in cost calculated from
the total $240,290 cost of the System as set forth in Exhibit "A." This cost shall
include all fees for software licenses and Fort Worth administrative services necessary
to access and operate the System.
The MetrOPAC Library's System buy-in costs will be based on its percentage
of the total 956,191 MetrOPAC service area population as reported by the Texas State
Library.
Buy-in costs include the number of staff client licenses shown in Exhibit A.
During the term of this Agreement, MetrOPAC Library may purchase additional staff
client licenses for $750 each, and an additional $135 annual maintenance per added
staff client license.
5.2. Maintenance.
MetrOPAC Library shall pay Fort Worth an additional annual maintenance fee
as set forth in Exhibit "A," which represents MetrOPAC Library's pro rata share of
Fort Worth's cost for System maintenance and related service support. Fort Worth
will bill MetrOPAC Library each October 1, with payment due on or before
December 31of each year.
Fort Worth may unilaterally increase the maintenance fee by up to ten
percent (10%) at annual renewal in order to cover increases in Fort Worth's costs
for such maintenance. In the event of an increase, Fort Worth will provide
MetrOPAC Library with written notice thereof as far in advance as practicable of
the increase. In the event the MetrOPAC Library is unable to afford the
increased fees, the MetrOPAC library will have the right to terminate this
Agreement by providing ninety (90) days written notice to Fort Worth.
5.3. Courier Service.
Fort Worth provides courier services on a partial cost-recovery basis to deliver
and return materials borrowed by MetrOPAC library customers. The courier schedule
is developed by mutual agreement. Fort Worth is not responsible for accidental loss or
damage to materials shipped through the courier service or for missed or delayed
deliveries due to mechanical failures, road conditions, or any other unforeseen
condition. Courier service charges are based on the number of delivery days and the
round- trip mileage from the Central Fort Worth Library to the MetrOPAC Library.
Courier charges are established prior to the beginning of each fiscal year. MetrOPAC
Library may change the delivery frequency at any time, by mutual agreement and
written enn�ent of hnth nartie� Fnrt Werth rinec not an2rantee it will he ahle to
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accommodate all requested changes to MetrOPAC Library's courier schedule.
6. RECIPROCAL BORROWING IN-KIND SERVICES.
As part of consideration, and to further the purpose of this Agreement, Fort
Worth and MetrOPAC Library shall provide reciprocal borrowing services to the
other MetrOPAC libraries at no charge either to the parties or their customers.
Furthermore, the MetrOPAC Library agrees to execute Interlocal Agreements with
the other MetrOPAC libraries to provide such services to each other's customers.
Policies regarding reciprocal borrowing services are established through mutual
agreement by the MetrOPAC members.
7. CONSORTIAL BUYING AND LICENSING.
As part of consideration, and to further the purpose of this Agreement, Fort
Worth and MetrOPAC Library may enter into joint purchasing and licensing
agreements with other MetrOPAC libraries to acquire library materials, e-resources,
and services for the mutual use and benefit of all MetrOPAC libraries' customers. Fort
Worth will negotiate and manage these agreements on behalf of the MetrOPAC
Consortium. Costs for consortium subscriptions and purchases will be included in
MetrOPAC Library's annual maintenance charges.
8. ADDING NEW LIBRARIES TO METROPAC CONSORTIUM.
Other public, school, and academic libraries in Tarrant County may join the
MetrOPAC Consortium so long as two-thirds of existing MetrOPAC Consortium
members agree in writing. New libraries must enter into interlocal agreements with
Fort Worth and the other MetrOPAC members as described in Section 6, and must
agree to reciprocal borrowing and other policies as established by the MetrOPAC
Consortium.
New libraries will bear all additional Polaris licensing, training, and
maintenance costs resulting from joining the MetrOPAC Consortium. Costs for
existing MetrOPAC libraries will not be affected if new libraries are added to the
MetrOPAC Consortium.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
9.1. MetrOPAC Library acknowledges that Fort Worth licenses its System from a
System Vendor. In addition, MetrOPAC Library acknowledges that operation of
the System by Fort Worth is largely dependent on software license agreements
and other documents required by the System Vendor or a respective
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manufacturer. System Documents are available for inspection and copying by
MetrOPAC Library during normal Fort Worth Library business hours and are
incorporated herein by reference for all purposes.
9.2. METROPAC LIBRARY UNDERSTANDS AND AGREES THAT FORT
WORTH DOES NOT GRANT METROPAC LIBRARY ANY RIGHT THAT
IS GREATER THAN OR DIFFERENT FROM ANY RIGHT THAT FORT
WORTH MAY HAVE UNDER THE SYSTEM DOCUMENTS. IN
ADDITION, METROPAC LIBRARY UNDERSTANDS AND AGREES THAT
FORT WORTH SHALL NOT BE LIABLE TO METROPAC LIBRARY FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY SORT, INCLUDING WITHOUT LIMITATION,
DAMAGES TO PROPERTY OR FOR PERSONAL INJURY, DEATH, LOSS
OF PROFITS OR SAVINGS, LOSS OF USE OR ANY OTHER DAMAGES,
WHETHER BASED ON STRICT LIABILITY OR NEGLIGENCE AND
WHETHER RESULTING FROM USE OF THE SYSTEM OR OTHERWISE,
EXCEPT FOR DIRECT, SPECIFIC DAMAGES FOR PERSONAL INJURY
OR PROPERTY DAMAGE ONLY TO THE EXTENT CAUSED BY FORT
WORTH'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
9.3. METROPAC LIBRARY HEREBY ACKNOWLEDGES AND REPRESENTS
THAT IT HAS INDEPENDENTLY DETERMINED, WITHOUT RELIANCE
ON ANY REPRESENTATIONS THAT MAY OR MAY NOT HAVE BEEN
MADE BY FORT WORTH, THAT THE SIZE, DESIGN, CAPACITY OF THE
SYSTEM AND THE MANUFACTURER AND SUPPLIER ARE
SATISFACTORY TO METROPAC LIBRARY INALL RESPECTS AND FOR
ALL INTENDED PURPOSES. FORT WORTH HAS NOT MADE AND DOES
NOT HEREBY MAKE ANY REPRESENTATION, WARRANTY OR
COVENANT, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED,
AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THE DESIGN, QUALITY, CAPACITY, MATERIAL,
WORKMANSHIP, OPERATION, CONDITION, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR LATENT DEFECT
OF THE SYSTEM OR ANY PORTION THEREOF, OR AS TO ANY
PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT. AS TO FORT
WORTH, METROPAC LIBRARY HEREBY WAIVES ANY CLAIM IT MAY
HAVE REGARDING, WITHOUT LIMITATION,THE DESIGN, CAPACITY,
MATERIAL, WORKMANSHIP, OPERATION, CONDITION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
HIDDEN OR LATENT DEFECT OF THE SYSTEM OR ANY PORTION
THEREOF, AND ANY CLAIM IT MAY HAVE AS TO ANY PATENT,
COPYRIGHT OR TRADEMARK INFRINGEMENT.
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10. TERMINATION.
10.1. By Either Party.
Either party may terminate this Agreement in accordance with Section 3 or
Section 5.2 above. MetrOPAC Library shall pay Fort Worth all
compensation due hereunder through the effective date of termination. No
advance payments to Fort Worth received prior to the effective date of
termination shall be refunded. Within ninety (90) days of the effective date
of termination, and at MetrOPAC Library's sole cost and expense, Fort
Worth will provide MetrOPAC Library with an industry-standard copy of
MetrOPAC Library's data base on a machine-readable tape in MARC
format or such other format reasonably requested by MetrOPAC Library and
available to Fort Worth.
MetrOPAC Library understands and acknowledges that the services
provided under this Agreement are largely contingent upon participation
from MetrOPAC Library and other community libraries within the vicinity
of Fort Worth. Fort Worth reserves the right to make any necessary changes
to the System to compensate for reduced participation.
10.2. Default.
10.2.1.MetrOPAC Library shall be in default under this Agreement if
MetrOPAC Library (i) fails to pay any compensation or other
amounts payable hereunder for a period of (30) days or more (unless
Fort Worth has given MetrOPAC Library written consent for
additional time to pay such compensation or other amounts)
following receipt by MetrOPAC Library of written notice thereof or
(ii) takes any action that materially prevents Fort Worth from
performing its duties and obligations hereunder (such as, for
illustrative purposes only, restricting access for installation of the
System) and such condition continues for a period of thirty (30) days or
more following receipt by MetrOPAC Library of written notice thereof
(collectively an "Event of Default").
10.2.2. Fort Worth's ability to pay for the System is due, in part, to the
anticipated receipt of compensation from MetrOPAC Library per this
Agreement and from other Tarrant County communities linked to the
System pursuant to similar agreements. In reliance on this participation
and joint cooperation by MetrOPAC Library and such other
communities, Fort Worth has entered into System Documents with
multiple-year terms that have required advance planning and long-term
financial commitments. Therefore, and notwithstanding any other
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provision, if an Event of Default occurs, Fort Worth may exercise any and all
of the following remedies: (i) declare an Event of Default in writing to
MetrOPAC Library and terminate this Agreement immediately; (ii) recover
from MetrOPAC Library all compensation then due and unpaid; and (iii)
recover from MetrOPAC Library all compensation to become due, by
acceleration or otherwise, during the remainder of the term of this Agreement,
which sums MetrOPAC Library hereby agrees to appropriate at such time.
10.3. Termination of System Documents.
If any of the System Documents are terminated and such termination
materially prevents Fort Worth from performance under this Agreement, Fort
Worth may immediately terminate this Agreement upon provision of written
notice to MetrOPAC Library. Fort Worth shall not be liable to MetrOPAC
Library for any additional costs MetrOPAC Library incurs upon termination
of this Agreement under this provision.
10.4. Implementation of New System.
MetrOPAC Library understands and acknowledges that the services provided
under this Agreement are largely contingent upon participation from
MetrOPAC Library and other community libraries within the vicinity of Fort
Worth. Fort Worth reserves the right, at any time and for any reason, to
upgrade or implement a newly designed Automated Library System that will
sufficiently serve Fort Worth and other community libraries. If Fort Worth
implements a new system which significantly affects MetrOPAC Library's
ability to effectively and efficiently utilize Fort Worth's system, MetrOPAC
Library will have the option to negotiate a new agreement with terms and
conditions relative to Fort Worth's upgraded system prior to implementation of
the new system. In such an event, if both parties determine that Fort Worth
cannot effectively accommodate MetrOPAC Library's needs with regards to
the new system, then MetrOPAC Library shall have the option to cancel this
Agreement. In the event of such cancellation by MetrOPAC Library, all fees
and expenses due to Fort Worth at the time of cancellation shall immediately
become due and payable.
10.5 Non-Appropriation of Funds
MetrOPAC Library is obligated only to pay such compensation under this
Agreement as may lawfully be made from funds budgeted and appropriated for that
purpose. Should MetrOPAC Library's governing body fail to budget, appropriate, or
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC LibrarS,] Page 12
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otherwise make available fiends to pay compensation under this Agreement for any �
upcoming fiscal year of MetrOPAC Library, then this Agreement shall terminate
automatically at the end of the fiscal year prior to the fiscal year for which no
appropriation has been made. If MetrOPAC Library fails to appropriate sufficient
funds to compensate Fort Worth under this Agreement, MetrOPAC Library shall
give Fort Worth as much notice as is reasonably possible prior to the effective date of
termination.
11. MISCELLANEOUS.
11.1. Ownership of Data Base.
MetrOPAC Library shall at all times retain ownership and use of its data,
including patron files and records. Fort Worth Library will pass along any
System vendor charges related to extracting their records from the System.
11.2. Proprietary Software.
All licensed ILS Software and ILS Software Materials contain the System
Vendor's proprietary information, use of which is limited by the licenses
granted in the System Documents. MetrOPAC Library shall not allow the ILS
Software, or any portion thereof, to be reverse compiled, disassembled, or in
any way altered. The MetrOPAC Library shall not modify any licensed ILS
Software in machine-readable form nor merge such Polaris ILS Software with
other software programs. The MetrOPAC Library will not disclose or
otherwise make available, except as required by law, any licensed ILS
Software Materials in any form to any third party without written permission
of the Fort Worth Library staff.
11.3. No Waiver.
The failure of either party to insist upon the performance of any provision or
condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that party's right to insist upon appropriate performance
or to assert any such right on any future occasion.
11.4. Severability.
If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid, illegal or unenforceable, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or impaired.
11.5. Force Ma'e� ure.
The parties shall exercise their best efforts to meet their respective duties and
obligations hereunder, but shall not be held liable for any delay in or omission
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 13
of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any state or federal law
or regulation, acts of God, acts of omission, fires, strikes, lockouts, national
disasters, wars, riots, material or labor restrictions, transportation problems or
existing contractual obligations directly related to the subject matter of this
Agreement.
11.6. Venue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of
Texas. Venue for any action brought on the basis of this Agreement shall lie
exclusively in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas-Fort Worth Division.
11.7. System Documents Control.
In the event of any conflict between this Agreement and the System Documents,
the System Documents shall control.
11.8. Notices.
MetrOPAC Library shall provide Fort Worth with the name, direct phone number,
facsimile number, and e-mail address of a MetrOPAC Library employee who will
be a responsible contact for all issues involving this Agreement.
11.9. Entirety of Agreement.
This written instrument, including all Exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
between Fort Worth and MetrOPAC Library as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with this Agreement. This Agreement may not be
amended unless set forth in writing and signed by both parties.
11.10. Assignment.
This Agreement may not be assigned by either party.
11.11. Compliance with Law, Ordinances,Rules and Regulations.
MetrOPAC Library agrees that in the performance of its obligations hereunder, it
will comply with all applicable federal, state and local laws, ordinances, rules
and regulations and that any work it produces in connection with this
Agreement will also comply with all applicable federal, state and local
laws, ordinances, rules and regulations. If Fort Worth notifies MetrOPAC
Library of any violation of such laws, ordinances, rules or regulations,
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 14
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MetrOPAC Library shall immediately desist from and correct the violation.
11.12. Non-discrimination Covenant.
MetrOPAC Library, for itself, its personal representatives, assigns, subcontractors
and successors in interest, as part of the consideration herein, agrees that in the
performance of duties and obligations hereunder, it shall not discriminate in the
treatment or employment of any individual or group of individuals on any basis
prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by MetrOPAC Library, its personal representatives,
assigns, subcontractors or successors in interest, MetrOPAC Library agrees to
assume such liability and, to the extent allowed by law,to hold the City harmless
from such claim.
11.13. Rilzht to Audit.
MetrOPAC Library agrees that Fort Worth shall, until the expiration of three (3)
years after final payment under this Agreement, or the final conclusion of
any audit commenced during the said three (3) years, have access to and the
right to examine at reasonable times any directly pertinent books, documents,
papers and records of MetrOPAC Library involving transactions relating to
this Agreement at no additional cost to Fort Worth. MetrOPAC Library agrees
that Fort Worth shall have access during normal working hours to all necessary
MetrOPAC Library facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
section. Fort Worth shall give MetrOPAC Library reasonable advance notice of
intended audits.
11.14. Governmental Powers/Immunities
It is understood and agreed that by execution of this Agreement, neither party
waives or surrenders any of their governmental powers or immunities.
11.15. Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only, shall
not be deemed a part of this Agreement, and are not intended to define or limit
the scope of any provision of this Agreement.
11.16. Review of Counsel.
The parties acknowledge that each party and its counsel have reviewed and
revised this Agreement and that the normal rules of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or exhibits hereto.
FWL Meti•OPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 15
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11.17. Amendments.
No amendment of this Agreement shall be binding upon a party hereto unless
such amendment is set forth in a written instrument, which is executed by an
authorized representative of each party, j
11.18. Counterparts.
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This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such
counterparts shall together constitute one and the same instrument.
11.19. Signature Authority.
The person signing this Agreement hereby warrants that he/she has the legal
authority to execute this Agreement on behalf of the respective party, and
that such binding authority has been granted by proper order, resolution,
ordinance or other authorization of the entity. Each party is fully entitled to
rely on these warranties and representations in entering into this Agreement or
any amendment hereto.
[Signature page follotivs]
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 16
ay of 20
EXECUTED in multiples this -,;01- ?�d
CITY OF FORT WORTH: CITY OF HALTOM CITY
By: By:
Name: Thomas J. Muir
Assistant City Manager WO Title: City Manager
ti
OA
ATTE ATTEST:
01
By: 7 By:
Mary KayseIL"y Name: 04- NMAW
City Secretary Title: e4fl� 5(-VP-.br1'Af1Y
APPROVED AS TO FORM APPROVED BY ATTORNEY
AND LEtT (IF RE
By: By: �!71 r7)'�
Jessica Sa g�vang \4 Name:
't Ct 3`114?
Assistant Attorney Title: 4 7
M & C: �-- 'Z:') 1 -4 u, -M&C Date:
C1 P(l
...............
OFFICIAL RECORD
FT. IN/
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EXHIBIT A System
Buy-In Costs
One Ti e Costs Only
to be tin twieeti
Total Buy-in for 19 client licenses $13,249
FWL Metl'OPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 18
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EXHIBITB
Standard System
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• Polaris ILS Database (full and documented schema available via Extranet)
• SMTP For email notification (Library may also use other email server)
• Remote Patron Authentication via SIP2 service
• Find Tool (Over 600 search points available)
• Cataloging with authority control
o MARC validation program
o Bibliographic and authority records importing interfaces
oFully integrated WYSIWYG Label.Printing (see/edit before you print)
• Circulation
• Offline circulation, inventory and Bookmobile (one daily offline client download per
location at no additional cost- Library may pull only one copy of the daily Offline file
to a local resource)
•Group holds
• OCLC Navigator Inter Library Loan Interface
• Record set(bulk change operations for patron, item, authority and bibliographic records)
• Integrated desktop Reports and Notices (export to local workstation in Excel, Word, PDF,
HTML and XML formats)
• Polaris ILS PowerPAC supports Internet Explorer, Netscape Navigator, Mozilla Firefox,
Opera, Safari, Chrome
• Multiple database searching
• Patron Authentication
• My Account Options: Self-registration, search agent alerts, pre-notification of overdues,
reading history, formatted title lists (MLA, Chicago Manual of Style, etc.)
• Customizable Dashboards (automated links to bestsellers, subject areas, etc.)
• Serials and Acquisitions
• Polaris® Simply Reports
• Room Booking & Scheduling (Evanced —Spaces)
• LEAP web application for staff access to the ILS
• URL Detective x 1
• Export Express
• Community Profiles iuc. Featurelt
• Titles-to-Go: Ingram, Baker & Taylor, Brodart, Midwest Tape
• Children's interface to PAC
• Spanish language interface to PAC
• User Guides &Administrative Guides are available on the virtual private cloud server(s)
• LEAP platform
Polaris Services
• Authority Control, RDA, FRBR, Lexile Accelerated Reader Processing
• Implementation Training:
• On-site training conducted by Polaris staff:
o Circulation: One two-day class for up to two MetrOPAC Library staff
• Catalo in : One two-day class for un to two MetrOPAC Library staff
FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 19
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EXHIBIT B (con't)
Standard System
• Cataloging"Lite" (Item Maintenance): One one-day class for up to two
staff
• PowerPAC: One three-hour class for up to two MetrOPAC Library staff
• Acquisitions: One two-day class for up to two MetrOPAC library staff if
Library is currently using Horizon Acquisitions
Subscriptions and Integration with Third-Party Hardware, Software, and/or Services
• Integration with OverDrive
• Integration with Baker and Taylor Axis 360
• Integration with Boopsie
• ZMARC Cataloging Record Subscription-Authority
• ZMARC Cataloging Record Subscription-Bibliographic
Y Polaris Social/Chilifresh Connections:
o Friending/Following
o Messaging
o Reader's advisory tools
o Book Cover Art
o iOS/Android library catalog app
o Facebook catalog integration
o Digital personalized bookshelves
o One on one chat, Group chat
o Book clubs,Literary communities,Forums
• Federated Searching(EDS when available.Any custom connectors that are required will be
quoted at additional cost TBD)
• Enhanced Data Content for PAC-Syndetic Subscription
• Table of Contents
• Fiction and Biography Profiles
o Find Similar Titles
o Summaries
o Cover Images
o Author Notes
o PW Reviews (includes Criticas Review)
o LJReviews
o SLJ Reviews
o Video and Music
• EDI for Acquisitions setup/training-Level D for authorized vendors
• Integration with NoveList. NoveList Select and NoveList Plus subscriptions must be
purchased separately by MetrOPAC consortium prior to implementation
FWL MetrOPAC Interlocal Agreement 2015 [Metl'OPAC Library] Page 20
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EXHIBIT B (con't)
Standard System
Polaris Interfaces and/or Integration Included in System Buy-in Cost
MetrOPAC Library's existing third-party equipment, software, and services will be included in
the system implementation. New or additional equipment, software, and services, as well as Fmi
Worth implementation services, must be purchased separately after the Live Date.
. Self-Check interface to 3rd party self-check units
Polaris O RFID Interface License
• Integration with EnvisionWare
• NCIP integration with OCLC Navigator. Navigator software must be licensed separately
• Collection Agency interface to Unique Management. Unique Management services must be
purchased separately.
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EXHIBIT C
PC Workstation Requirements and
Remote Desktop Services
Operating Systems
• Windows 7 (32-bit or 64-bit)with current Service Pack(Professional,Ultimate or Enterprise
Editions)
• Windows 8 (64-bit)with current Service Pack(Professional,Ultimate,or Enterprise Editions)
System Processor
• 1 GHz or better
System Memory
• Windows 7(32-bit or 64-bit):Recommended:2GB-Minimum Required: 1 GB
• Windows 8 (64-bit):Recommended:2GB-Minimum Required: I GB
Hard Disk Requirements
• Minimum: IOGB
Video Requirements
• SVGA Graphics Controller/4MB Video Memory or better
Other
• 100 Mbps NIC Card
Monitor
17" -as a standard Windows application,the Polaris ILS will run in whatever screen
resolution the Windows PC is configured for.The optimal resolution is 1024 x 768.
Remote Desktop Services (Terminal Services)
Remote Desktop Services works by allowing individual applications to run on a server, rather
than on the user's workstation. Remote Desktop Services simply sends screen images to the
user's machine, and the user's machine in turn sends keystrokes and mouse movements back to
the server. By doing this, Remote Desktop Services allows clients to run applications that they
might otherwise not have the hardware or bandwidth to support. The Remote Desktop Protocol
(RDP) has been designed and optimized to give users a good application experience over low-
bandwidth connections. Because only keyboard, mouse and screen drawing information is sent
over the network, a quality user experience can be attained under very low-bandwidth conditions.
The client access device can either be a full rich Windows personal computer,or a thin client.
Requirements:
• Remote Desktop Connection(RDC)client version 6.1 or higher(RDP protocol/version 7
or higher
• Reliable network connectivity with adequate bandwidth(estimated 20Kbps 0 30Kbps per
concurrent RDC user)and low end-to-end network latency between the workstation and
Windows Terminal Server
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