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HomeMy WebLinkAboutContract 47268 r " "� � 1q, 0,0 ,. µ Nu 6, (N)" %(YV 3 0 Ml INTERLOCAL AGREEMENT � FOR LIBRARY ERVI ES 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 Benbrook Library District ("MetrOPAC Library"), acting by and through Robert Christensen, its duly authorized Board President. 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 33608 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 i i WHEREAS, the governing bodies of Fort Worth and MetrOPAC Library, in paying for F the performance of governmental functions or in performing such governmental functions, shall make payments only from current revenues legally available to such party f, FWL Metr-OPAC lnterlocal Agreement 2015 [MetrOPAC Library] Page 1 h COFFICIAL RECORD FT WORTH9 TX I 1 .,. , n .� �= 1 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. 1.8. System is the integrated library system operated by Fort Worth. 1.9. System Documents are all contracts, purchase agreements, leases, software 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 terns or any Renewal Period. FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 3 i 1 i or check-out, (3) transaction processing has failed, or (4) the System fails to allow searching of the local bibliographic database. 4.4. Management Re„ orts. 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 Suiport 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 rata 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 FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 5 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-parry 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 Thud-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 Thud-party implementation. hnplementation 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 Thud-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 Thud-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. FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 7 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 patties 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 EM FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 9 10. TERMINATION. 10.1. By Either Party. Either parry 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 industiy-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 FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page II otherwise make available funds 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. H.S. 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 FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 13 e 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. Right 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 MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 15 EXECUTED in multiples this:e,—day ofz2ayl;��-,-..- 2 0 1 CITY OF FORT WORTH: BENBROOK LIBRARY DISTRICT By: By: Name: Robert Christensen Assistant City Manager *0R?- Title: Board President TES % ATTEST- OX By: 1% a By: I �/ Mary Kayse �-,'A) Name" it e- City Secretary Title: APPROVED AS TO FORM APPROVED BY ATTORNEY AND LE A (IF REQUIRED): By: By: Jessica Sa vang Name: Assistant Attorney Title: M & C: Z71 11,Cp M&C Date: OFFICUAL RECORI) 01" FWL Meti•OPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 17 EXHIBITB Standard System - 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 oBibliographic and authority records importing interfaces o Fully 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 PolarisO Simply Reports - Room Booking & Scheduling (Evanced —Spaces) LEAP web application for staff access to the ILS URL Detective x 1 Export Express - Community Profiles inc. 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 platforin Polaris Services Authority Control, RDA, FRBR, Lexile Accelerated Reader Processing Implementation Training: • On-site training conducted by Polaris staff: • Circulation: One two-day class for up to two MetrOPAC Library staff M=..& CataloQin : One two-day class for un to two MetrOPAC Library staff FWL MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 19 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® 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. I L MetrOPAC Interlocal Agreement 2015 [MetrOPAC Library] Page 21 � i i f'