HomeMy WebLinkAboutContract 33306 CITY SECRETARY. (\
j CONTRACT NO. ')1
INTERLOCAL AGREEM NT
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
Manuer, and the-City of Keller ("Keller"), through its Public Library, acting by and through
Lyle H. Dresher its duly authorized City Manager .
WHEREAS, Fort Worth operates an automated Iibrary 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 Mills, 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 Keller previously entered into an
interlocal agreement in City Secretary Contract No. 30649 under which Keller purchased
automated library system services from Fort Worth; and
WHEREAS, City Secretary Contract No. 30649 expired on September 30,2005; and
WHEREAS, the governing bodies of Fort Worth and Keller now wish to enter into a
new agreement for library services, and further find that this contract is in the common interest
of both parties.
NOW THEREFORE,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, Keller'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 Keller with certain associated maintenance services and administrative
MetrOPAC Interlocal 2005-Keller
1
assistance. Keller 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
Keller 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.
Keller shall enjoy full use of any new System services and features that are
covered by its annual maintenance payments. Keller will have the option to purchase
new services and features that are not included with annual maintenance costs.
Keller shall be responsible for carrying out routine operations of the various
System modules. Fort Worth will provide necessary training so that Feller 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 Keller's public library or libraries and the
Fort Worth Central Library necessary to provide Keller with access to the System. Keller
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. Keller hereby grants Fort Worth and or the
Vendor the right to all necessary access to Keller's public libraries in order to maintain
the Telecommunications Equipment.
MetrOPAC Interlocal 2005—Keller (�
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Fort Worth is responsible for maintaining the circuit between the Keller 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 Keller to the System. Keller 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. Keller, 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 Keller's unauthorized
or improper use of the system, or assist Keller 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 Keller at a reasonably acceptable rate comparable to the
work performed.
Fort Worth does not provide Internet access, e-mail, or other telecommunications
and/or networking services not specifically required for the use of the System.
3.3. System Customization
Fort Worth shall make all reasonable efforts to customize the System to support
Keller's 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 Keller 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 Keller.
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
Keller's annual maintenance costs. In the event there are additional software or hardware
costs associated with a new release, Fort Worth will purchase the necessary components.
Keller will reimburse Fort Worth for its share of the additional costs on a mutually agreed
upon schedule.
MetrOPAC Interlocal 2005—Keller
Page 3
If Keller desires to have access to an optional System enhancement that is not
provided as part of routine System upgrades and new releases, Keller will reimburse Fort
Worth for these costs.
Keller 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 Keller of local hardware and software upgrade
requirements as far in advance as possible.
3.5. Service Support.
Fort Worth will provide Keller with certain limited service support as follows:
3.5.1. Problem Resolution. Fort Worth shall provide telephone support for
Keller 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 Keller 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 Keller in
producing overdue notices, bills and statistical reports in a form and on a
schedule mutually agreed to in writing by Fort Worth and Keller.
3.5.3. Third-party Vendor Services. Fort Worth shall assist Keller 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; EDIfact 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 Keller 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 Keller.
3.5.4. Replacement Network Equipment. If any network equipment directly
required for access to the System is damaged or malfunctions, Fort Worth
will provide Keller with replacement equipment, on a short-term,
temporary basis, if such replacement equipment is available, and in
MetrOPAC Interlocal 2005—Keller
Page 4
accordance with terms and conditions agreed to in writing by Fort Worth
and Keller at the time such equipment is provided. If Fort Worth
determines the equipment was damaged due to some unauthorized action
by Keller, Fort Worth reserves the right to charge Keller repair and/or
equipment replacement costs as necessary.
3.5.5. Training. Fort Worth shall provide training to Keller personnel that is
necessary for operation of the System. This training may be at Fort Worth
or on-site at Keller.
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, Keller 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 Keller 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 Keller 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 cost shall
include all fees for software licenses, equipment, and Fort Worth
administrative services necessary to access and operate the System.
50%of Keller's System buy-in costs shall be based on the number of staff
client licenses required by Keller, and 50% of the System buy-in costs
MetrOPAC Interlocal 2005—Keller
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shall be based on the percentage of the total 751,350 MetrOPAC service
area population served by Keller according to the 2004 NCTCOG
Population Estimates.
In addition, Keller shall pay all costs associated with additional desired
peripherals.
Keller shall make full payment for the services specified above on or
before the Effective Date of this Agreement or Keller may make two
payments over a period of two years as specified below. If Keller 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.
Keller 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)
Keller: $40,836
Buy-in costs paid over 2 years (includes I%interest)
Year One: $21,949.35
Year Two: $21,183.68
4.2. Maintenance.
Keller shall pay Fort Worth an additional annual maintenance fee as set forth in
Exhibit "C," which represents Keller's pro rata share of Fort Worth's cost for System
maintenance and related service support. This annual maintenance fee of$ 6,696 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 Keller with written notice thereof as far in advance
as practicable of the increase.
4.3. Telecommunications Eauipment and Sunnort.
Keller 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 $11,787.76. Keller shall pay Fort Worth the equipment support
fee on or before January 31 of each year.
MetrOPAC interlocal 2005—Keller
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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 Keller 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, Keller 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. Keller acknowledges that Fort Worth licenses its System from a third-party
System Vendor. In addition, Keller 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 Keller during normal business hours and
are incorporated herein by reference for all purposes.
5.2. KELLER UNDERSTANDS AND AGREES THAT FORT WORTH DOES
NOT GRANT KELLER ANY RIGHT THAT IS GREATER THAN OR DIFFERENT
FROM ANY RIGHT THAT FORT WORTH MAY HAVE UNDER THE SYSTEM
DOCUMENTS, IN ADDITION, KELLER UNDERSTANDS AND AGREES THAT
FORT WORTH SHALL NOT BE LIABLE TO KELLER FOR ANY SPECIAL,
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTLgL DAMAGES OF ANY
SORT, INCLUDING WITHOUT LIMITATION, DAMAGES TO PROPERTY OR
FOR PERSONAL INJURY, DEATH, LOSS OF PROFITS OR SA PINGS, LOSS OF.
USE OR ANY OTHER DAMAGES, WHETHER BASED ON STRICT LJABILITY
OR NEGLIGENCE AND WHETHER RESULTING FROM USE OF THE SYSTEM
OR OTHERWISE, EXCEPT FOR DIRECT, SPECIFIC DAMAGES FOR
PERSONAL INJURYOR PROPERTYDAMAGE ONLY TO THE EXTENT CAUSED
BY FORT WORTH'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
5.3 KELLER HEREBY ACKNOWLEDGES AND REPRESENTS THAT IT HAS
INDEPENDENTLY DETERMINED, WITHOUT RELIANCE ON ANY
REPRESENTATIONS THAT MAY OR MAY NOT HAVE BEEN MADE BY FORT
WORTH, THAT THE SIZE, DESIGN, CAPACITY OF THE SYSTEM AND THE
MANUFACTURER AND SUPPLIER ARE SATISFACTORY TO KELLER 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
MetrOPAC Interlocal 2005—Keller
Page 7
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, KELLER HEREBY WAIVES ANY
CLAIM IT MAY HAVE REGARDING, WITHOUT LIMITATION, THE DESIGN,
CAPACITY, MATERJAL, 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.
Keller shall pay Fort Worth all compensation due hereunder through the effective daze 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 Keller's sole cost and expense,Fort Worth will provide Keller with an
industry-standard copy of Keller's data base on a machine-readable tape in MARC
format or such other format reasonably requested by Keller and available to Fort Worth.
Keller understands and acknowledges that the services provided under this
Agreement are largely contingent upon participation from Keller 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. Keller shall be in default under this Agreement if Keller(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 Keller written consent for additional time to
pay such compensation or other amounts) following receipt by Keller 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 Keller of written notice thereof(collectively an"Event
of Default").
6.2.2. Remedies. Fort Worth's ability to pay for the System is due, in part, to
the anticipated receipt of compensation from Keller 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 Keller and such other communities,
MetrOFAC Interlocal 2005—Keller
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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 Keller and terminate this Agreement immediately; (ii) recover from Keller all
compensation then due and unpaid; and (iii) recover from Keller all compensation to
become due, by acceleration or otherwise, during the remainder of the term of this
Agreement,which sums Keller 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 Keller.
6.4 Implementation of New System.
Keller understands and acknowledges that the services provided under this
Agreement are largely contingent upon participation from Keller and other community
libraries within the vicinity of Fort Worth. Fort Worth reserves the right, at any time and
for any reason, to upgrade or implement a newly designed Automated Library System
that will sufficiently serve Fort Worth and other community libraries. If Fort Worth
implements a new system which significantly impacts Keller's ability to effectively and
efficiently utilize Fort Worth's system, Keller will have the option to negotiate a new
agreement with terms and conditions relative to Fort Worth's upgraded system prior to
implementation of the new system. In such an event, if both parties determine that Fort
Worth cannot effectively accommodate Keller's needs with regards to the new system,
then Keller shall -have the option to cancel this Agreement. In the event of such
cancellation by Keller, all fees and expenses due to Fort Worth at the time of cancellation
shall immediately become due and payable.
7. MISCELLANEOUS.
7.1. Ownership of Data Base. Keller 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.
MetrOPAC Interlocal 2005—Keller
Page 9
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7.4. Force Majeure. 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 law or
regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars,
riots, material or labor restrictions, transportation problems or existing contractual
obligations directly related to the subject matter of this Agreement.
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
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. Keller shall provide Fort Worth with the name, direct phone number,
facsimile number, and e-mail address of a Keller 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 Keller 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—Keller
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EXECUTED in multiples this, Q(,Lday of���20
CITY OF FORT WORTH: CTTY OF KELLER:
B
Y�
ibby Watson ame: le H. Dresher
Assistant City Manager Title: ty Manager
ATTEST: ATTEST:
By:r(\6 By:
Marty Hendrix &wne: Sheila Stephen
City Secretary Title:' City Secretary
APPROVED AS TO FORM APPROVED
AND LEGALITY:
By:
nz
L. ant n o y
Maleshia.B, rmer City AttcTney
Assistant City Attorney
M&C: C-20460: Approved 12/21/04
McVOPAC Interlocal 2005—Keller
Page 11
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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 Keller("Keller")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,Keller needs access to Fort Worth's ILS System.
Fort Worth is willing to grant Keller access to the Network and the ILS System,subject to the
terms and conditions set forth in this Agreement.
Fort Worth and Keller hereby agree as follows:
1. Grant of Limited Access
1.1 Access. Keller 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. Keller can only enter the Network via Fort Worth's computer system;
therefore, Fort Worth will provide Keller with a password and access number or numbers
as necessary to perform Keller'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. Definitions
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.
3. Network Restrictions
MetrOPAC Interlocal 2005-Keller
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3.1 Keller may not share any passwords or access number or numbers provided by
Fort Worth except with Keller's officers,agents, servants or employees who work
directly with this project.
3.2 Keller may not access the Network for any purposes other than those set forth in
this Agreement.
3.3 Keller acknowledges,agrees and hereby gives its authorization to Fort Worth to
monitor and or perform an annual or semi-annual audit of Keller's use of Fort Worth's
Network in order to ensure Keller's compliance with this Agreement. Fort Worth will
provide at least thirty(34)days written notice of any intent to conduct such audit.
3.4 A breach by Keller,its officers, agents,servants or employees,of this Agreement
and any other written instructions or guidelines that Fort Worth provides to Keller
pursuant to this Agreement, shall be grounds for Fort Worth immediately to deny Keller
access to the Network and Keller' 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-i 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. Security
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
resources are available;however,Fort Worth is not responsible for or obligated to guarantee
such precautions.It is Keller's responsibility to maintain a secure environment.
6. Security Review
MetrOPAC Interlocal 2005-Keller
All MetrOPAC connectivity is subject to a security review with the Information Security
Department(IT Solutions)either annually or semi-annually,at its discretion,to insure that the
connection is consistent with this agreement. The reviews are to ensure that all points in Section
5 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 Keller 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,Keller 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 Keller,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.
McUUPAC Interlocal 2005-Keller
FT, WON, YEN,
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EXHIBIT"C"
SYSTEM COSTS AND EQUIPMENT LISTING
Keller Public Library
One-Time Casts
Horizon System Buy-In
16 Horizon Staff Licenses @$1,089 each $17,430
Share of service area population(4.40540/D) 15,213
Total Horizon System Buy-In $32,643
Administrative Charges(21.73%) 7,093
Peripheral Products
1 Falcon Portable Data Collection Unit 1,090
Peripheral Shipping 10
TOTAL KELLER BUY-IN $40,836
Optional Buy-In Payments over 2-Years:
Year One: $21,949.35
Year Two: $21,183.68
On-Going Annual Maintenance
Horizon System $5,287
Administrative Charges (21.73%) 1,149
Peripheral Products
1 Falcon Portable Data Collection Unit 260
TOTAL KELLER ANNUAL MAINTENANCE $6,696
MetrOPAC Interlocal 2005—Keller
Page 1 of 3
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 b Libby Watson (392-6183)
Originating Department Head: Gleniece Robinson (871-7706)
Additional Information Contact: Deborah Duke (871-7725)
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