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HomeMy WebLinkAboutContract 42057CITY SECRE b R AGREEMENT FOR PROFESSIONAL Wald. THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and WISE INFORMATION MANAGEMENT ("Consultant"), a Texas sole proprietorship acting by and through its duly authorized Owner. 1. Services. a) Consultant will, with good faith and due diligence, assist the Fort Worth Library in developing a three-year strategic plan for digitizing identified collections and materials, including, but not limited to, the Genealogy, Local History, and Archives collections. In particular, Consultant will perform all duties outlined and described in the Scope of Work, which is attached hereto as Exhibit "A" and incorporated herein for all purposes as though it were set forth at length. The actions and objectives contained in Exhibit "A" are referred to herein as the "Services." b) Consultant shall perform the Services in accordance with standards in the industry for the same or similar services. In addition, Consultant shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. 2. Term. Services shall be provided by Consultant for a term beginning July 25, 2011 and ending September 15, 2011, unless terminated earlier in accordance with Section 4 of this Agreement. This Agreement may be renewed for up to four additional six-month periods by mutual written agreement of the Parties. 3. Compensation. a) Fee OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX As full and complete compensation for all Services described above, Consultant shall be paid a fee of Ninety -Eight and 52/100 Dollars ($98.52) per Hour for the Services outlined in Exhibit A in accordance with the Digitizing Services Professional Services Agreement with Marie Wise Page 1 of 18 Consultant Budget, which is attached hereto as Exhibit "B" and incorporated herein for all purposes as though it were set forth at length. Consultant's total fee for the term of the Agreement shall not exceed Twenty -Five Thousand Dollars ($25,000.00), plus travel reimbursement as detailed below. b) Travel Expenses In addition to any fee due under Subsection (4)(a), City shall reimburse Consultant for actual travel -related expenses (such as personal car mileage and a limited per diem) in accordance with Exhibit B at a reasonable and customary rate in an amount not to exceed One Thousand Five Hundred ($1,500.00) total. Personal car mileage will be billed at standard IRS business mileage rates in effect at the time of travel. c) Structure of Payments i. The Consultant will issue monthly invoices for all work performed under this Agreement. Invoices shall be submitted no later than the 15th day following the end of the month and sent to Betty Shankle, 500 W. 3rd Street, Fort Worth, Texas 76102. Invoices are due and payable within 30 days of receipt. ii. The Consultant shall provide the City with signed time sheets documenting the time spent on the Services, which shall generally be sufficient documentation to substantiate invoices. If the City requires additional reasonable documentation, it shall request the same promptly after receiving the above -described information, and the Consultant shall provide such additional reasonable documentation to the extent the same is available. iii. On full and final completion of the Services, Consultant shall submit a final invoice, and City shall pay any balance due within 30 days of receipt of such invoice. Professional Services Agreement with Marie Wise Page 2 of 18 iv. Travel reimbursement shall be paid monthly. The Consultant will issue monthly invoices for all travel costs under this Agreement no later than the 15th day following the end of the month. Travel invoices are due and payable within 30 days of receipt. v. In the event of a disputed or contested billing, only the portion being contested will be withheld from payment, and the undisputed portion will be paid. City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until the contest has been mutually resolved. vi. For contested billings, the City shall make payment in full to Consultant within 60 days of the date the contested matter is resolved. If City fails to make such payment, Consultant may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest calculated from the date the billing contest was resolved. In the event of suspension of services, Consultant shall have no liability to City for delays or damages caused to City because of such suspension of services. 4. Termination Either Party may terminate this Agreement at any time, with or without cause, by providing the other Party with thirty (30) days' written notice of termination In the event this Agreement is terminated prior to expiration of the Term, City shall pay Consultant only for Services actually rendered and travel expenses actually incurred as of the effective date of termination. In the event this Agreement is terminated prior to expiration of the Term, Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination 5. Independent Contractor. Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the Services performed Professional Services Agreement with Marie Wise Page 3 of 18 hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers agents, servants, employees, and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Consultant, its officers, agents, servants, employees, or subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. It is expressly understood and agreed that no officer, agent, servants, employee, or subcontractor of Consultant is in the paid service of City. 6. Liability and Indemnification. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (1) CONSULTANT'S BREACH OFANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (11) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI9, OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS NOTHING HEREIN SHALL BE CONSTRUED ASA WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. Consultant shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. Professional Services Agreement with Marie Wise Page 4 of 18 7. Confidential and Proprietary Information. The City acknowledges that Consultant may use products, materials, or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the Parties have executed a separate written agreement with respect thereto. Consultant for itself and its officers, agents, servants, employees, and subcontractors, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. Notwithstanding the foregoing Consultant understands and agrees that the City is a public entity under the laws of the State of Texas, and as such, is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"). Consultant acknowledges that, under the Act, the following information is subject to disclosure' 1) all documents and data held by the City, including information obtained from the Consultant, and 2) information held by the Consultant for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. If the City receives a request for any documents that may reveal any of Consultant's proprietary information under the Act, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Consultant prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a request for such information, it will be the responsibility of Consultant to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 8. Insurance. During the term of this Agreement, Consultant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section as well as any and all other public risks related to Consultant's Professional Services Agreement with Marie Wise Page 5 of 18 performance of its obligations under this Agreement. Consultant shall specifically obtain the following types of insurance at the following limits: Errors & Omissions (Professional Liability): If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for two (2) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $1,000,000.00 per occurrence or claim (2) $1,000,000.00 aggregate Consultant shall promptly provide the City with certificates of insurance that verify Consultant's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Consultant's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. Consultant shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement. 9. Assignment Consultant shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment of subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. If City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant Professional Services Agreement with Marie Wise Page 6 of 18 referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. Compliance with Law. Consultant, its officers, agents servants, employees, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Consultant any such violation on the part of Consultant or any of its officers, agents servants, employees, or subcontractors, then Consultant shall immediately desist from and correct such violation. 11. Non -Discrimination. In the execution, performance, or attempted performance of this Agreement, Consultant will not discriminate against any person or persons because of disability age, familial status, sex, race, religion, color, national origin, or sexual orientation, nor will Consultant permit its officers, agents, servants, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its officers, agents, employees, and subcontractors have fully complied with all provisions of same and that no employee or employee -applicant has been discriminated against by either Consultant, its officers, agents, employees, or subcontractors. 12. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Professional Services Agreement with Marie Wise Page 7 of 18 Consultant further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give subcontractor reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 13. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 14. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 15. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other Party shown below: Stsctrn A4q Vi IS Ch - erWTSar 7e1s, Assistant City Manager Marie Wise City of Fort Worth Wise Information Management 1000 Throckmorton St. 510 W. 23rd Street Fort Worth, Texas 76102 Houston, Texas 77008 (817) 392-6183 (713) 419-5329 Professional Services Agreement with Marie Wise Page 8 of 18 16. Solicitation of Employees. Neither the City nor Consultant shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. 17. Non -Waiver. The failure of either Party to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Consultant's right to assert or rely on any such term or right on any future occasion 18. Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's provision of the Services. In the event that any conflicts of interest arise after the execution of this Agreement, Consultant hereby agrees to make full disclosure to the City in writing immediately upon learning of such conflict. 19. Minority and Woman Business Enterprise Participation. In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBh") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 20. Governmental Powers. Both Parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. 21. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Professional Services Agreement with Marie Wise Page 9 of 18 22. Force Majeure. If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obhgations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 23. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 24. 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. 25. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 26. Signature Authority. The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective Party, and that such binding authority has been granted by proper order resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. Professional Services Agreement with Marie Wise Page 10 of 18 27. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [SIGNATURES APPEAR ON FOLLOWING PAGE] Professional Services Agreement with Marie Wise Page 11 of 18 EXECUTED in multiple originals on this, the CITY OF FORT WORTH, TEXAS Susan Alams Assistant City Manager Date Signed: 1 I a-7(It ATTEST: 22,,,pcm arty J4endr1x ity Secretary APPROVED AS TO FORM LEGALITY: Deni ��. Mc goy Assistant Ci Attorney No M&C Required 4>seicrolotorJA 1:1200000o° iscy# (14 b breX Aia‘CY tAb.Q day of >La}, !'' ' , 2011. WISE INFORMATION MANAGEMENT )(\A (luu Marie Wise Owner Date Signed: WITNESS: o- o ic " '1 OFFICIAL RECORD CITY SECRETARY 1' FEW WORTH, TX Professional Services Agreement with Marie Wise Page 12 of 18 EXHIBT A SCOPE OF SERVICES Overview Consultant will assist the City in developing a three-year strategic plan for digitizing identified collections and materials, including, but not limited to, Genealogy, Local History, and Archives. In particular, Consultant will perform the following tasks as detailed herein& • Task 1 —Familiarization with Current Processes ■ Task 2 — Workflow and Procedure Recommendations Document • Task 3 —Collection Assessment and Strategic Plan Document • Task 4 — Standards and Best Practices Document ■ Task 5 — Policy Documents • Task 6 — Reproduction Statement • Task 7 — Copyright Research Task 1 —Familiarization with Current Processes Task Overview: Consultant will gather information and documentation to develop a comprehensive understanding of the library's current procedures, documentation, capabilities, and goals for digitization and the role of digitization in the Library's overall mission and service goals. Consultant's Duties: Consultant will interview City -identified stakeholders in management, targeted collections, and support services to examine all aspects of the initiative and establish a foundation on which to build recommendations for a comprehensive approach to digitization City Particination Required: The City's Digitization Services Consultant/Project Manager will identify stakeholders from among staff in subject and practice areas that are encompassed by the digitization project, including Genealogy, History, Archives, cataloging and metadata, information technology, public service, and management. City staff will identify and provide information and documentation regarding current practices, including the Library's mission and goals, collection information, notes or restrictions indicated in donor agreements, current forms and requirements, equipment and staffing (with expected changes), and indications of patron need or user demand for specific collections. Professional Services Agreement with Marie Wise Page 13 of 18 Task 2 — Workflow and Procedure Recommendations Document Task Overview: Using information gathered in Task 1, Consultant will develop a document containing workflow and procedure recommendations to address all necessary aspects of the digitization initiative, including digitization methods, workflows, policies, materials, procedures and costs. Consultant's Duties: Consultant will formulate and provide recommendations for how to structure workflow and procedures for use in the process of developing (i) the three-year strategic plan and (ii) a manual of standards and best practices for the Library's digitization initiative. Deliverable: Workflow and Procedure Recommendations Document Product Parameters: All recommendations will follow a format that fits within the Open Archival Information System (DAIS) model developed by NASA's Consultative Committee for Space Data Systems so that City s digitization efforts will bring its Library closer to compliance with OAIS With respect to metadata workflow, uploading, and presentation of materials, the recommendations will be tailored to take into account the City's use of CONTENTdm as well as overall workflow and will provide high-level cost -benefit analyses for all specific issues that Consultant, in its professional opinion, recommends be taken into account in developing the initiative, including, but not limited to, incorporation of existing metadata and options for long-term, archival storage. The recommendation document will outline concrete steps for City staff to take in developing the initiative and related documents but will also frame decision points where staff can elect among listed options to allow for flexibility to address costs and other contingencies over the three-year period. For each listed option, Consultant will provide recommendations and anticipated impacts to assist City staff in making informed decisions. Task 3 —Collection Assessment and Strategic Plan Document Task Overview: Consultant will assist City staff in developing and documenting a three-year strategic plan for the Fort Worth Library digitization initiative, including an assessment of the collections targeted for digitization and recommendations on implementation strategies and timelines, including discrete goals and tasks for benchmarking purposes. Consultant's Duties: Consultant will assess the suitability for digitization of identified City collections, taking into account copyright issues, collection -specific considerations, available resources, Professional Services Agreement with Marie Wise Page 14 of 18 overall goals, marketing recommendations, and the characteristics and functionality of the CONTENTdm digital asset management system. Based on this assessment, Consultant will develop an itemized priority list and strategic plan that i ecommends the order in which the collections, or identified subsets within collections, should be digitized and that takes into account simultaneous resources needed, user demand, strategic value to the initiative and the community, existing or available metadata, and condition of originals. In connection with developing the plan, Consultant will research and identify potential partnerships, grants, outreach, and other collaborative opportunities that might be available to assist in digitization and to leverage the impact of digitized collections. Deliverable: Three-year Strategic Plan Document Product Parameters: The strategic plan will employee a "menu" style approach that includes detailed recommendations regarding priorities, targets, and goals within and among collections to provide the City with the ability to shift among the elements in the overall plan in order to respond to unanticipated changes and opportunities that might arise of over the course of the implementation period. The strategic plan shall include concise summary sections for the overall plan and for each collection or delineated collection subset, including a brief summary of the assets to be digitized and an overview of the anticipated time for completion of each element. Task 4 — Standards and Best Practices Document Task Overview: Consultant will assist City staff in developing and documenting a procedural manual of standards and best practices to serve as an overall guide for the City's digitization initiative and to outline the high-level goals and philosophy of the digitization efforts. Consultant's Duties: The Consultant will assist in the development of a procedural manual of standards and best practices that addresses: • Digitization standards: dpi, size, correction, format, OCR, and archival storage of archival masters and access derivatives • Identifier and filename standards: including single -page and compound digital objects to facilitate ordering within CONTENTdm • Pagination for display within CONTENTdm • Metadata standards and tasks: using Dublin Core metadata within the framework of CONTENTdm • Standards for outsourcing and contract arrangements • Archival procedures to be observed during the digitization process • Statistics reporting: using functionality within CONTENTdm In addition, the document will reserve space to document collection -specific conventions or decisions that City staff might make, including rationale for format choices and for Professional Services Agreement with Marie Wise Page 15 of 18 item level and metadata display as applicable. Deliverable: Standards and Best Practices Document Product Parameters: The standards and best practices document will conform with the OAIS model. Task 5 — Policy Documents Task Overview: Consultant will assist City in developing policy documents to address commonly recurring issues associated with digitization to ensure consistency and improve efficiency of on -going digitization efforts. Consultant's Duties: After surveying other library systems and trade associations to determine standard and best practices, Consultant will assist staff in identifying policy issues that tend to reoccur when digitizing media collections and will aid staff in crafting policy documents and forms to address recurring digitization issues, including, but not limited to, permission -to - reproduce forms, permission -to -digitize language for donor agreements, and language to address donation of "born digital" materials. Deliverable: A complete set of policy documents and forms for the use, reproduction, and donation of materials to address frequently recurring policy issues associated with digitization. Task 6 — Reproduction Statement Task Overview: Consultant will assist City in developing standard language for reproduction statements for materials where the Fort Worth Library holds the collection but not the copyright. Consultant's Duties: After surveying other library systems and trade associations to determine standard and best practices and conferring with City staff to determine City -specific policies and needs, Consultant will aid City in crafting standard language for use in reproduction statements. Deliverable: Standard language for reproduction statements. Task 7 — Copyright Research Task Overview: Consultant will conduct and document research into the copyright status of works by Professional Services Agreement with Marie Wise Page 16 of 18 photographers David Swartz, Charles Swartz, and W. D. Smith. Consultant's Duties: After surveying other library systems and trade associations to determine standard and best practices, Consultant will assist staff in identifying policy issues that tend to reoccur when digitizing media collections and will aid staff in crafting policy documents and forms to address recurring digitization issues, including, but not limited to, permission -to - reproduce forms, permission -to -digitize language for donor agreements, and language to address donation of "born digital' materials. Deliverable: Detailed Report on Copyright Status of Works by photographers David Swartz, Charles Swartz, and W. D. Smith. Product Parameters: Copyright search and documentation will conform with the best practices set out in Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libras ies, Archives, and Museums (2009, Cornell University Library). The copyright research report will document the searches performed, resources consulted, results of all searches, and current status of all copyrights so that report can serve to demonstrate due diligence regarding copyright status Professional Services Agreement with Marie Wise Page 17 of 18 Exhibit B Digitizing Services Consultant Budget On -Site Initial Site Visit Mid -point Site Visit Results Discussion Site Visit Off -Site Workflow and Procedure Recommendations Strategic Plan and Collection Assessment Standards and Best Practices Policy Documents Reproduction Statement Copyright Research Subtotal - Hours and Cost ($98.52/hr) Travel and Expense Initial Site Visit Airfare Transportation Hotel Mid -Point Site Visit Airfare Transportation Hotel Results Discussion Site Visit Airfare Transportation Subtotal — Travel Expenses Total Estimated Budget Hours 16 16 8 30 40 30 30 16 30 216 Expenses $21,280.00 $ 250.00 $ 150.00 $ 100.00 $ 250.00 $ 150.00 $ 100.00 $ 250.00 $ 100.00 $1,350.00 $22,630.00 Professional Services Agreement with Marie Wise Page 18 of 18