HomeMy WebLinkAboutContract 33377 TY
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CION RACTENo Y
INTERLOCAL AGREEMENT
FOR PURCHASE OF LIBRARY SERVICES
This Interlocal Cooperation Agreement for Library Services ("Agreement") is made and
entered into by and between the City of Fort Worth through the Fort Worth Public Library
("Fort Worth") acting by and through Libby Watson, its duly authorized Assistant City
Manager, and the City of Richland Hills ("Richland Hills"), th,rough its Public Library, acting
by and throughNits duly authorized__
WHEREAS, Fort Worth operates an automated library system (collectively the
"System") that uses advanced technology specifically designed by SirsiDynix, Inc ("System
Vendor")for the efficient circulation,cataloging, acquisition, and processing of library materials,
maintenance of patron 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 system
("MetrOPAC") to receive automated library system services from Fort Worth and provide
reciprocal borrowing services for their residents;and
WHEREAS,pursuant to authority granted by the Interlocal Cooperation Act, §§ 791.001
et. seq. of the Texas Government Code, Fort Worth and Richland Hills previously entered into an
interlocal agreement in City Secretary Contract No.31296 under which Richland Hills purchased
automated library system services from Fort Worth; and
WHEREAS, City Secretary Contract No. 31296 expired on September 30,2005;and
WHEREAS, the governing bodies of Fort Worth and Richland Hills now wish to enter
into a neve agreement for library services, and further find that this contract is in the common
interest of both parties.
NOW THE, the parties agree as follows:
1. 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. A host computer located at Fort Worth's
Central Library is the base of all operations related to the System. The System serves all of Fort
Worth's branch libraries. Subject to and in accordance with this Agreement, Richland Hills's
public libraries will receive access and be linked to the System to the extent provided in Exhibit
"A," which is attached hereto and hereby made a part of this Agreement for all purposes herein.
Fort Worth will also provide Richland Hills with certain associated maintenance services and
MetrOPAC Interlocal 2005—Richland Hills
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administrative assistance. Richland Hills shall compensate Fort Worth for telecommunications
access,maintenance and support services as provided in this Agreement.
2. TERM.
This Agreement shall commence on the date of its execution by both parties ("Effective
Date") and remain in effect for five (5) years from the date of the Effective Date. After five
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 shall be given not later than ninety (90) days prior to the end of the
renewal period.
3. SERVICES PROVIDED.
3.1. Use of System
Richland Hills shall enjoy full use of the modules and features available on the
base System, including Acquisitions, Cataloging, Circulation, Community Resources,
Consolidated Searching, Debt Collect, Home Service, Inventory, Online Public Access
Catalog, Offline Circulation, Remote Patron Authentication, Reports, Serials, Telephone
Notification, 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.
Richland Hills shall enjoy full use of any new System services and features that
are covered by its annual maintenance payments. Richland Hills will have the option to
purchase new services and features that are not included with annual maintenance costs.
Richland Hills shall be responsible for carrying out routine operations of the
various System modules. Fort Worth will provide necessary training so that Richland
Hills' staff can successfully carry out the operations themselves.
3.2. Telecommunications Access to System.
Fort Worth, or a third party vendor selected by Fort Worth ("Vendor"), shall
maintain all telecommunications hardware, software, wiring and other equipment
("Telecommunications Equipment") at both Richland Hills's public library or libraries
and the Fort Worth Central Library necessary to provide Richland Hills with access to the
System. Richland Hills shall have access to the Fort Worth System in accordance with
Fort Worth's standard outside network connections policy, attached as Exhibit "B" and
hereby incorporated into this Agreement for all purposes herein. Richland Hills hereby
grants Fort Worth and or the Vendor the right to all necessary access to Richland Hills's
public libraries in order to maintain the Telecommunications Equipment.
MetrOPAC Interlocal 2005—Richland Hills
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Fort Worth is responsible for maintaining the circuit between the [MetrOPAC
Library and the Fort Worth Public Library, the equipment required for the circuit, and
access control of the circuit.
This Telecommunications Equipment and circuit is provided for the express
purpose of connecting Richland Hills to the System. Richland Hills may not alter this
Telecommunications Equipment, use it for other purposes, or integrate it into other
networks without the express written consent of Fort Worth. Richland Hills, at its sole
cost and expense, shall have the right to add equipment on-site so long as (i) the addition
of such equipment is approved in writing by Fort Worth or the Vendor and (ii) the
addition of such equipment does not interfere with the use and enjoyment of the System
by Fort Worth or any other community that has the right to utilize the System. If Fort
Worth's assistance is required to make local changes, reverse unauthorized changes,
perform preventative measures to the system or repair damages caused by Richland
Hills' unauthorized or improper use of the system, or assist Richland Hills with designing
or troubleshooting its own network, in addition to all other costs due under this
Agreement, Fort Worth reserves the right, at its sole discretion, to bill Richland Hills at a
reasonably acceptable rate comparable to the work performed.
Fort Worth currently provides public Internet access to Richland Hills under a
previous agreement. Richland Hills agrees to procure its own method of public Internet
access for its patrons, independent of the Fort Worth system, within one (1) year of
execution of this Agreement.
3.3. System Customization
Fort Worth shall make all reasonable efforts to customize the System to support
Richland Hills' special requirements, so long as such customization does not interfere
with the other MetrOPAC Libraries' use and enjoyment of the System. Fort Worth
reserves the right to pass on any related System Vendor charges and to bill Richland Hills
for customization beyond that normally required for operation of the System. Such
customization will be provided on a schedule mutually agreed to in writing by Fort Worth
and Richland Hills.
3.4. System Maintenance and Upgrades
Fort Worth or the System Vendor will provide maintenance for the System
functions and equipment. Fort Worth will install System patches, updates, and new
version releases that are made available by the System Vendor. Such updates and releases
will be installed when Fort Worth deems them to be stable.
System patches, updates, and new releases are generally included as part of
Richland Hills' 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. Richland Hills will reimburse Fort Worth for its share of the additional costs
on a mutually agreed upon schedule.
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If Richland Hills desires to have access to an optional System enhancement that is
not provided as part of routine System upgrades and new releases, Richland Hills will
reimburse Fort Worth for these costs.
Richland Hills 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. Fort Worth will notify Richland Hills of local hardware and
software upgrade requirements as far in advance as possible.
3.5. Service Support.
Fort Worth will provide Richland Hills with certain limited service support as
follows:
3.5.1. Problem Resolution. Fort Worth shall provide telephone support for
Richland Hills in the diagnosis of hardware, software and other
operational problems related to the System during normal business hours.
Fort Worth will use its best efforts to provide additional reasonable on-site
assistance to Richland Hills' personnel as reasonably necessary and as is
reasonably available during normal business hours. 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 or check-out; (3) transaction processing has failed; or (4)
the System fails to allow searching of the local bibliographic database.
3.5.2. Management Reports. Fort Worth shall produce or assist Richland Hills
in producing overdue notices, bills and statistical reports in a form and on
a schedule mutually agreed to in writing by Fort Worth and Richland
Hills.
3.5.3. Third-party Vendor cervices. Fort Worth shall assist Richland Hills
with planning and implementing third-party vendor services that are
utilized by the System. These include, but are not limited to, interfaces
with materials vendors' websites; EDlfact services; downloads and
imports from bibliographic utilities and materials vendors; electronic
resources access; and the System's Debt Collect module. Fort Worth will
pass on any related System Vendor charges not covered by System buy-in
and maintenance, and reserves the right to bill the Richland Hills for
assistance with services and implementations not utilized by the
MetrOPAC system as a whole. Such assistance will be provided on a
schedule mutually agreed to in writing by Fort Worth and Richland Hills.
MetrOPAC Interlocal 2005—Richland Hills
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3.5.4. Replacement Network Equipment. If any Richland Hills network
equipment directly required for access to the System is damaged or
malfunctions, Fort Worth will provide Richland Hills with replacement
equipment, on a short-term, temporary basis, if such replacement
equipment is available, and in accordance with terms and conditions
agreed to in writing by Fort Worth and Richland Hills at the time such
equipment is provided. If Fort Worth determines the equipment was
damaged due to some unauthorized action by Richland Hills, Fort Worth
reserves the right to charge Richland Hills repair and or equipment
replacement costs as necessary.
3.5.5. Training. Fort Worth shall provide training to Richland Hills personnel
that is necessary for operation of the System. This training may be at Fort
Worth or on-site at Richland Hills.
3.5.6. 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 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.
3.6. Related Peripheral System Equipment.
As part of the System, Richland Hills has purchased the peripheral equipment
listed in Exhibit "C," which is attached hereto and made a part of this Agreement for all
purposes herein. Fort Worth maintains maintenance contracts on this equipment with the
System Vendor and is responsible for assuring this equipment operates properly.
3.7. Courier Service
Fort Worth provides Courier Services on a partial cost-recovery basis to deliver
and return materials borrowed by MetrOPAC library customers. Courier schedule is
developed by mutual agreement. Charges are based on mileage from the Central Fort
Worth Public Library to Richland Hills and are established prior to the beginning of each
fiscal year. The Library 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 or road conditions.
4. COMPENSATION.
4.1. System Access.
4.1.1 Richland Hills shall pay Fort Worth a System buy-in cost calculated from
the total $690,652 cost of the System as set forth in Exhibit "C." This
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Page 5
cost shall include all fees for software licenses, equipment,and Fort Worth
administrative services necessary to access and operate the System.
50% of Richland Hills' System buy-in costs shall be based on the number
of staff client licenses required by Richland Hills, and 50% of the System
buy-in costs shall be based on the percentage of the total 751,350
MetrOPAC service area population served by Richland Hills according to
the 2004 NCTCOG Population Estimates.
In addition, Richland Hills shall pay all costs associated with additional
desired peripherals.
Richland Hills shall make full payment for the services specified above on
or before the Effective Date of this Agreement or Richland Hills may
make two payments over a period of two years as specified below. If
Richland Hills chooses to make two separate payments over two years,the
first payment shall be due on or before January 31, 2006 and the second
payment shall be due on or before January 31,2007.
Richland Hills may purchase additional software licenses and equipment
through Fort Worth at a price to be determined at the time and at the then-
existing manufacturer's or System Vendor's price.
4.1.2 Total buy-in costs(including peripherals)
Richland Hills: $13,$70
Buy-in costs paid over 2 years(includes 1%interest)
Year One: $7,455.13
Year Two: $7,195.06
4.2. Maintenance.
Richland Hills shall pay Fort Worth an additional annual maintenance fee as set
forth in Exhibit "C," which represents Richland Hills' pro rata share of Fort Worth's
cost for System maintenance and related service support. This annual maintenance fee of
$2,246 shall be due on or before January 31 of each year.
Fort Worth may unilaterally increase the maintenance fee by up to ten percent (10
%) in order to cover increases in Fort Worth's costs for such maintenance. In the event of
an increase, Fort Worth will provide Richland Hills with written notice thereof as far in
advance as practicable of the increase.
4.3. Telecommunications Equipment and Support.
MetrOPAC Interlocal 2005—Richland Hills
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Richland Hills shall pay Fort Worth an annual equipment and support fee in order
to reimburse Fort Worth for all costs associated with the provision of the
Telecommunications Equipment, software and services in accordance with Exhibit "C."
This annual fee shall be $7,765. Richland Hills shall pay Fort Worth the equipment
support fee on or before January 31 of each year.
4.4. Interlibrary Loan and Reciprocal Borrowing In-Kind Services.
As part of consideration, and to further the purpose of this Agreement, Fort Worth
and Richland Hills shall provide interlibrary loan and reciprocal borrowing services to the
other MetrOPAC library systems at no charge either to the parties or their customers.
Furthermore, Richland Hills agrees to execute Interlocal Agreements with the other
MetrOPAC libraries to provide such services to each other's customers. Policies
regarding these interlibrary loan and reciprocal borrowing services are established
through mutual agreement by the MetrOPAC members.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
5.1. Richland Hills acknowledges that Fort Worth licenses its System from a third-
party System Vendor. In addition, Richland Hills 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 manufacturer. All contracts,
purchase agreements, leases, software licenses and other documents related to the System
("System Documents") are public documents on file in the City Secretary's Office of
Fort Worth, and are available for inspection and copying by Richland Hills during normal
business hours and are incorporated herein by reference for all purposes.
5.2. RICHLAND HILLS UNDERSTANDS AND AGREES THAT FORT WORTH
DOES NOT GRANT RICHLAND HILLS ANY RIGHT THAT IS GREATER THAN
OR DIFFERENT FROM ANY RIGHT THAT FORT WORTH MA HAVE UNDER
THE SYSTEM DOCUMENTS. IN ADDITION, RICHLAND HILLS
UNDERSTANDS AND AGREES THAT FORT WORTH SHALL NOT BE LIABLE
TO RICHLAND HILLS 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.
5.3. RICHLAND HILLS 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
MetrOPAC Interlocal 2005—Richland Hills
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THE MANUFACTURER AND SUPPLIER ARE SATISFACTORY TO RICHLAND
HILLS IN ALL 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,
RICHLAND HILLS HEREBY WAIVES ANY CLAIM IT MAY HAVE REGARDING,
WITHOUT LIMITATION, THE DESIGN, CAPACITY, MATERML,
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.
6. TERMINATION.
6.1. By Either Party.
Either party may terminate this Agreement in accordance with Section 2 above.
Richland Hills 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 Richland Hills's sole cost and expense, Fort Worth will provide
Richland Hills with an industry-standard copy of Richland Hills's data base on a
machine-readable tape in MARC format or such other format reasonably requested by
Richland Hills and available to Fort Worth,
Richland Hills understands and acknowledges that the services provided under
this Agreement are largely contingent upon participation from Richland Hills 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.
6.2. Default.
6.2.1. Defined. Richland Hills shall be in default under this Agreement if
Richland Hills(i) fails to pay any compensation or other amounts payable hereunder for a
period of ten (10) days or more (unless Fort Worth has given Richland Hills written
consent for additional time to pay such compensation or other amounts) following receipt
by Richland Hills 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 Richland Hills of
written notice thereof(collectively an"Event of Default").
MetrOPAC Interlocal 2005—Richland Hills ---
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6.2.2. Remedies. Fort Worth's ability to pay for the System is due, in part, to
the anticipated receipt of compensation from Richland Hills 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 Richland Hills 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 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 Richland Hills and terminate this Agreement immediately; (ii) recover from Richland
Hills all compensation then due and unpaid; and (iii) recover from Richland Hills all
compensation to become due, by acceleration or otherwise, during the remainder of the
term of this Agreement, which sums Richland Hills hereby agrees to appropriate at such
time.
6.3. 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 Richland Hills.
7. MISCELLANEOUS.
7.1. Ownership of Data Base. Richland Hills shall at all times retain ownership and
use of its database, including patron files and records.
7.2. 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.
7.3. 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.
7.4. Force Maieure. 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 of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any state or federal lav 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.
7:5. 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
MetrOPAC Interlocal 2005—Richland Hills
Page 9
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.
7.6. System Documents Control. In the event of any conflict between this
Agreement and the System Documents,the System Documents shall control.
7.7. Notices. Richland Hills shall provide Fort Worth with the name, direct phone
number, facsimile number, and e-mail address of a Richland Hills employee who will be
a responsible contact for all issues involving this Agreement.
7.7. 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 Richland Hills 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.
7.8 Assignment. This Agreement may not be assigned by either party.
[Signature page follows]
MetrOPAC Interlocal 2005—Richland Hills
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EXECUTED in multiples this 14 day of February 20 06
CITY OF FO RT 6:'OHTH: CITY OF RICHLAND HILLS:
By: By;
Li Watson- N e: Nelda S. S t rode r\`\\\�`r��p�v
Assistant City Manager Title: Mayor N.... cP
ATTEST: ATTEST:
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Marty Hendrix e: Kim Sutter -1/0/1iiiiiiiWOO
City Secretary Title: City Secretary
APPROVED AS TO FORM APP OVED AS )10
AND LEGALITY:
By: .tiw� I
By: City Attorney, Tim Sralla
Maleshia B. Nnner
Assistant City Attorney
M &C: C-20460;Approved 12/21/04
MetrOPAC Interlocal 2005-Richland Hills
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EXHIBIT"B"
ACCESS AGREEMENT AND
EXTRANET CONNECTION STANDARD
The City of Fort Worth("Fort Worth")owns and operates a file server computer system and
network(collectively the "Network").
The City of Richland Hills("Richland Hills")wishes to access a subset of Fort Worth's network,
specifically,the Integrated Library System("ILS System"), for library and patron services.
In order to receive the necessary services, Richland Hills needs access to Fort Worth's ILS
System.
Fort Worth is willing to grant Richland Hills access to the Network and the ILS System, subject
to the terms and conditions set forth in this Agreement.
Fort Worth and Richland Hills hereby agree as follows:
1. Grant of Limited Access
1.1 Access. Richland Hills is hereby granted a limited right of access to Fort
Worth's Network for the sole purpose of utilizing Library and patron services provided
under this Agreement. Richland Hills can only enter the Network via Fort Worth's
computer system;therefore,Fort Worth will provide Richland Hills with a password and
access number or numbers as necessary to perform Richland Hills's duties.
1.2 Hardware.All hardware, circuits, and related gear covered under this Agreement
should be placed in a secure location,clearly marked. Fort Worth personnel should be
provided access to all hardware through the designated Point of Contact (POC)as set
forth in Section 6 of this Agreement.
2. Defmitions
Circuit For the purposes of this Agreement,circuit refers to the method of
network access,whether it is through traditional ISDN, T-1, etc,or
via Virtual Privacy Network(VPN)encryption technologies.
Sponsoring
Organization Fort Worth Public Library (FWPL) is the sponsoring organization
that has requested that third party cities gain access to the FWPL
ILS System and the City of Fort Worth network.
Third Party A business or entity that is not a formal or subsidiary part of the
FWPL or the City of Fort Worth.
MetrOPAC Interlocal 2005—Richland Hills
3. Network Restrictions
3.1 Richland Hills may not share any passwords or access number or numbers
provided by Fort Worth except with Richland Hills's officers, agents, servants or
employees who work directly with this project.
3.2 Richland Hills may not access the Network for any purposes other than those set
forth in this Agreement.
3.3 Richland Hills acknowledges, agrees and hereby gives its authorization to Fort
Worth to monitor and or perform an annual or semi-annual audit of Richland Hills's use
of Fort Worth's Network in order to ensure Richland Hills's compliance with this
Agreement. Fort Worth will provide at least thirty(30)days written notice of any intent
to conduct such audit.
3.4 A breach by Richland Hills,its officers, agents, servants or employees, of this
Agreement and any other written instructions or guidelines that Fort Worth provides to
Richland Hills pursuant to this Agreement, shall be grounds for Fort Worth immediately
to deny Richland Hills access to the Network and Richland Hills' s data. Fort Worth may
also exercise any other remedies that Fort Worth may have under this Agreement or at
law or in equity.
4. Third Party Connection
Connections between Fort Worth and third parties that require access to Fort Worth's
resources fall under this standard,regardless of whether a telecommunications circuit(such as
T-1 or ISDN)or Virtual Privacy Network (VPN)technology is used for the connection. All new
connection requests between third parties and the sponsoring organization require that
representatives of the third party and the sponsoring organization are in agreement regarding the
connection.
5. Establishing Connectivity
The sponsoring organization should provide secure facilities for network gear and work
with the Fort Worth staff to initiate and secure the connectivity. All connectivity established
must be based on the least-access principle, in accordance with the approved business
requirements and the security review. Fort Worth relies upon the third party to take reasonable
precautions for protecting Fort Worth's network from exposure to virus infection, malware,or
any other security threat. Reasonable precautions include, but are not limited to, keeping virus
protection up to date within the sponsoring organization's network and maintaining security
patches and fixes on patron workstations. Virus file definitions should be updated on a weekly
basis through an automated process. In general,security patches and fixes should be applied
minimally every three months and critical updates should be implemented within one month of
release. Neglecting to take reasonable precautions may result in denial of access to the Network.
The City of Fort Worth may consult and assist with maintaining these reasonable precautions if
MetrOPAC Interlocal 2005—Richland Hills
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FY, WORTH, TEX.
resources are available; however, Fort Worth is not responsible for or obligated to guarantee
such precautions. It is Richland Hills's responsibility to maintain a secure environment.
6. Security Review
All MetrOPAC connectivity is subject to a security review with the Information Security
Department(IT Solutions)either annually or semi-annually to insure, at its discretion, that the
connection is consistent with this agreement. The reviews are to ensure that all points in Section
5 Security are followed, all access matches the business requirements in the best possible way,
and that the principle of least access is followed.
7. Point of Contact
The sponsoring organization must designate a person to be the Point of Contact(POC)
for the Extranet connection. The POC acts on behalf of the sponsoring organization, and is
responsible for those portions of this policy as they may relate to the Access agreement. A
second POC should also be listed. In the event that the POC changes, IT Solutions must be
informed promptly. Fort Worth will contact the POC for security audits of facilities and services
covered by this agreement. Fort Worth's primary contact for the auditing process shall be the
Manager of Information Security for the City of Fort Worth.
8. Modifying or Changing Connectivity or Access
All.changes in access initiated by Richland Hills must be accompanied by a valid
business justification, and are subject to security review. Any changes to be implemented to Fort
Worth's Network must adhere to Fort Worth's Change Management Process. A copy of the
Change Management Process is available upon request. The sponsoring organization is
responsible for notifying IT Solutions when there is a material change in their originally
provided information so that security and connectivity evolve accordingly.
9. Terminating Access
When access is no longer required, Richland Hills must notify Fort Worth in writing
within sixty(60)days.This may mean a modification of existing permissions up to and including
terminating the circuit, as appropriate. If during the course of an audit of the facilities and
services provided to Richland Hills,the connections are found to be deprecated,or are being
used in a manner inconsistent with this agreement, access may be terminated immediately. IT
Solutions will notify the POC or the sponsoring organization of the change prior to taking any
action.
MetrOPAC Interlocal 2005—Richland Hills
EXHIBIT"C"
SYSTEM COSTS AND EQUIPMENT LISTING
Richland Hills Public Library
One-Time Costs
Horizon System Buy-In
7 Horizon Staff Licenses @$1,089 each $ 7,625
Share of service area population(1.0914%) 3,769
Total Horizon System Buy-In $11,394
Administrative Charges(21.73%) 2,476
TOTAL RICHLAND HILLS BUY-IN $13,870
On-Going Annual Maintenance
Horizon System $1,845
Administrative Charges(21.73%) 401
TOTAL RICHLAND HILLS ANNUAL MAINTENANCE $2,246
MetrOPAC Interlocal 2005—Richland Hills
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/21/2004 - Ordinance No. 16248
DATE: Tuesday, December 21, 2004
LOG NAME: 841LS SYSTEM REFERENCE NO.: C-20460
SUBJECT:
Authorize Execution of a Contract with Dynix Corporation for the Purchase of an Integrated Library
System for the Fort Worth Public Library; Authorize Execution of Interlocal Agreements with
the Cities of Benbrook, Burleson, Haltom City, Keller, Richland Hills and Watauga for Library
Automation Services, Accept Donation from the Fort Worth Public Library Foundation and Adopt the
Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with Dynix Corporation for the purchase and ongoing
annual maintenance of an Integrated Library System (ILS) for the Fort Worth Public Library (FWPL);
2. Authorize the City Manager to enter into new Interlocal Agreements with Benbrook, Burleson, Haltom
City, Keller, Richland Hills, and Watauga, Texas for automated library and supporting telecommunications
services;
3. Authorize the transfer of $300,000 from the Library General Fund to the Special Revenue Library
Automation Systems Sharing Fund;
4. Authorize the City Manager to accept a donation of up to $513,000 from The Fort Worth Public Library
Foundation (The Foundation) for The Foundation's share of the estimated costs for the ILS;
5. Authorize a non-interest bearing interfund loan from the General Fund to the Special Revenue Library
Automation Systems Sharing Fund in an amount up to $513,000 contingent upon receipt of the funds from
The Foundation; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Revenue Library Automation Systems Sharing Fund by $933,000.00.
DISCUSSION:
The ILS manages major aspects of library operations, including the online catalog, patron accounts, check-
out and check-in procedures, fines and overdue materials, orders and funds for library materials, holdings
information and management statistics. The library's current ILS is over 15 years old. The vendor no
longer makes improvements to the software, and has already stopped providing maintenance support for
some functions.
The estimated cost for the new ILS is $1.2 million for implementation and $140,000 annual system
maintenance. In Informal Report No. 8515 (August 12, 2003), Council was informed that The Fort Worth
Public Library Foundation agreed to raise up to half of the estimated $1.2 million costs for a new
system. The City will provide the remaining estimated costs with up to $300,000 being transferred from the
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Library's Special Revenue Library Automation Systems Sharing Fund. Council approved the final $300,000
as part of the Library's FY 2004/2005 General Fund budget. The remaining $120,000 of this appropriation
is funded from revenues already accepted, but not yet appropriated, in the Special Revenue Library
Automated Systems Sharing Fund.
The Fort Worth Public Library released a Request for Proposal for an Integrated Library System and
Related services on June 17, 2004. Four vendors submitted proposals. The FWPL, The Foundation, IT
Solutions staff, the Library Advisory Board, and the Friends of the Fort Worth Public Library, Inc., conducted
a thorough evaluation of each proposal. Based on the evaluation, the Library recommends accepting the
proposal submitted by Dynix Corporation for its integrated library system, known as "Horizon."
Dynix is one of the oldest and most reliable ILS vendors in the country. The proposed Horizon system is
operating successfully in over 700 libraries worldwide. Dynix is the library's current vendor, and has
provided FWPL with high-quality, reliable service since 1990. The Dynix Horizon system offers the best mix
of features and functions required by the Library for its users, and the company's existing services and
vision for development are best suited to the Library's current and future needs.
The Horizon system offers the best value for the cost. The Dynix proposal was significantly lower than the
other vendors' bids. This turnkey system provides servers, hardware, accessories, proprietary database
software, and peripheral products necessary for the efficient operation of the system. By providing all
hardware and peripherals, Dynix warrants system performance and guarantees that the existing proprietary
system software and subsequent upgrades will operate properly. Additional details about the system and
the selection process were provided in Informal Report 8647 to City Council Members dated December 14,
2004.
After implementation of the system, the Dynix contract establishes an initial 5-year maintenance term, which
may be renewed automatically for additional one-year terms. Annual maintenance charges for the initial 5-
year term are estimated to be $140,000; rate increases associated with the one-year renewals will be no
greater than 5% or the Consumer Price Index, whichever is less. These maintenance payments will cover
the costs of ongoing system support services, remedial and preventive maintenance for equipment and
software, and the routine system updates and enhancements Dynix releases each year.
The Dynix contract will allow the Library to continue providing automated library services for its client
libraries in six Tarrant County cities, referred to as the MetrOPAC. These cities are Benbrook, Burleson,
Haltom City, Keller, Richland Hills, and Watauga. FWPL has previously entered into Interlocal Agreements
to provide library automation services for these cities. Once the new ILS system is operational, FWPL will
no longer be able to provide automated library services to the other cities. Therefore, the libraries wish to
enter into new agreements for these services to become effective once the new system is in place.
All revenue from buy-in and annual maintenance received from the client libraries will be deposited in
Special Revenue Fund GR03, Account No. 467092, Center No. 084840010000, Library Automation
Systems Sharing Fund (established by M&C G-7311, November 3, 1987). Funds in this account are
reserved to offset the costs associated with improving and expanding the library's automated
system. Under the terms of the Dynix contract, if any of the client libraries elect not to join in use of the new
system, the total system purchase price will be reduced accordingly.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Department and approved by the M/WBE Office because the purchase of goods or services is from sources
where subcontracting or supplier opportunities are negligible.
This system will serve ALL COUNCIL DISTRICTS.
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FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available, as appropriated, in the Special Revenue Fund
Automated Library Systems Sharing. Upon receipt of funds from The Fort Worth Public Library Foundation,
the interim financing will be returned to the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR03 541320 084840010000 $300,000.00 GG01 538070 0841000 $300,000.00
GR03 541320 084840010000 $120,000.00 GG01 136003 0000000 $513,000.00
GR03 472001 084840010000 $300,000.00
GR03 541320 084840010000 $513,000.00
GR03 220001 000840010000 $513,000.00
GR03 467092 084840010000 $120,000.00
GR03 467092 084840010000 $513,000.00
Submitted for City Manager's Office by: Libby Watson (392-6183)
Originating Department Head: Gleniece Robinson (871-7706)
Additional Information Contact: Deborah Duke (871-7725)
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