HomeMy WebLinkAboutContract 33608 CITY SECRETAA;y
CONTRACT NO. dj�
INTERLOCAL AGREEMENT
FOR PURCHASE OF LIBRARY SERVICES
This Interlocal Cooperation Agreement for Library Services ("Agreement") is made and
entered into by and between the City of Fort Worth through the Fort Worth Public Library
("Fort Worth") acting by and through Libby Watson, its duly authorized Assistant City
Manager, and the Benbrook Library District("Benbrook"), through its Public Library, acting
by and through R;c,�1r-� kley5 e-r", its duly authorized Pre s l d e-r7-�- .
WHEREAS, Fort Worth operates an automated library system (collectively the
"System") that uses advanced technology specifically designed by SirsiDynix, Inc ("System
Vendor")for the efficient circulation, cataloging, acquisition, and processing of library materials,
maintenance of patron accounts; and access to online databases and other electronic materials;
and
WHEREAS,the System is adaptable to provide similar services to other libraries in the
vicinity of Fort Worth; and
WHEREAS, the cities of Fort Worth, Benbrook, Burleson, Haltom City, Keller,
Richland Hills, and Watauga have joined to create the MetrOPAC Library system
("MetrOPAC") to receive automated library system services from Fort Worth and provide
reciprocal borrowing services for their residents; and
WHEREAS,pursuant to authority granted by the Interlocal Cooperation Act, §§ 791.001
et. seq. of the Texas Government Code, the governing bodies of Fort Worth and Benbrook wish
to enter into an 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, Benbrook'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 Benbrook with certain associated maintenance services and
administrative assistance. Benbrook shall compensate Fort Worth for telecommunications
access,maintenance and support services as provided in this Agreement.
2. TERM.
06-08-06 A10 : 00 IN g'aU
MetrOPAC Interlocal 2005-Benbrook �Ik 17q
p 6 cis
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
Benbrook 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.
Benbrook shall enjoy full use of any new System services and features that are
covered by its annual maintenance payments. Benbrook will have the option to purchase
new services and features that are not included with annual maintenance costs.
Benbrook shall be responsible for carrying out routine operations of the various
System modules. Fort Worth will provide necessary training so that Benbrook 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 Benbrook's public library or libraries and
the Fort Worth Central Library necessary to provide Benbrook with access to the System.
Benbrook 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. Benbrook hereby grants Fort
Worth and or the Vendor the right to all necessary access to Benbrook's public libraries
in order to maintain the Telecommunications Equipment.
Fort Worth is responsible for maintaining the circuit between the Benbrook
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 Benbrook to the System. Benbrook may not alter this
MetiOPAC Interlocal 2005—Benbrook �FIC,AJ, �12 EC-01p1�DU
Paget �d�L� J����� r'`I►��U
�. �OXT 1 TEX.
Telecommunications Equipment, use it for other purposes, or integrate it into other
networks without the express written consent of Fort Worth. Benbrook, 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 Benbrook's
unauthorized or improper use of the system, or assist Benbrook 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 Benbrook at a reasonably
acceptable rate comparable to the work performed.
Fort Worth currently provides public Internet access to Benbrook under a
previous agreement. Benbrook agrees to procure its own method of public Internet access
for its patrons, independent of the Fort Worth system, within one (1)year of execution of
this Agreement.
33. System Customization
Fort Worth shall make all reasonable efforts to customize the System to support
Benbrook'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 Benbrook 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 Benbrook.
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
Benbrook'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. Benbrook will reimburse Fort Worth for its share of the additional costs on
a mutually agreed upon schedule.
If Benbrook desires to have access to an optional System enhancement that is not -
provided as part of routine System upgrades and new releases, Benbrook will reimburse
Fort Worth for these costs.
Benbrook is solely responsible for providing, maintaining, and updating its own
MetrOPAC Interlocal 2005—Benbrook ^.r� r^^)i
Page "J-`YRCI�;l. 1�5��Ui
r��e r:JiTH TEK.
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 Benbrook of local hardware and software
upgrade requirements as far in advance as possible.
3.5. Service Support.
Fort Worth will provide Benbrook with certain limited service support as follows:
3.5.1. Problem Resolution. Fort Worth shall provide telephone support for
Benbrook 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 Benbrook 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 Benbrook in
producing overdue notices, bills and statistical reports in a form and on a
schedule mutually agreed to in writing by Fort Worth and Benbrook.
3.5.3. Third-party Vendor Services. Fort Worth shall assist Benbrook 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 Benbrook 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 Benbrook.
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 Benbrook with replacement equipment, on a short-term,
temporary basis, if such replacement equipment is available, and in
accordance with terms and conditions agreed to in writing by Fort Worth
and Benbrook at the time such equipment is provided. If Fort Worth
determines the equipment was damaged due to some unauthorized action
by Benbrook, Fort Worth reserves the right to charge Benbrook repair and
or equipment replacement costs as necessary.
MetrOPAC Interioca12005—Benbrook
Page
3.5.5. Trainins Fort Worth shall provide training to Benbrook personnel that
are necessary for operation of the System. This training may be at Fort
Worth or on-site at Benbrook.
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, Benbrook 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 Benbrook 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 Benbrook 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 Benbrook's System buy-in costs shall be based on the number of
staff client licenses required by Benbrook, and 50% of the System buy-in
costs shall be based on the percentage of the total 751,350 MetrOPAC
service area population served by Benbrook according to the 2004
NCTCOG Population Estimates.
In addition, Benbrook shall pay all costs associated with additional desired
MetrOPAC Interlocal 2005—Benbrook �}
Page 6F�IC,IG�! vJ�J
peripherals.
Benbrook shall make full payment for the services specified above on or
before the Effective Date of this Agreement or Benbrook may make two
payments over a period of two years as specified below. If Benbrook
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.
Benbrook 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)
Benbrook: $19,312
Bu}4in costs paid over 2 years(includes 1% interest)
Year 1: $10,380.20
Year 2: $10,018.10
4.2. Maintenance.
Benbrook shall pay Fort Worth an additional annual maintenance fee as set forth
in Exhibit "C," which represents Benbrook's pro rata share of Fort Worth's cost for
System maintenance and related service support. This annual maintenance fee of$3,210
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 Benbrook with written notice thereof as far in
advance as practicable of the increase.
43. Telecommunications Equipment and Support
Benbrook shall pay Fort Worth an annual equipment and support fee in order to
reimburse Fort Worth for all costs associated with the provision of the
Telecommunications Equipment, software and services in accordance with Exhibit"C:'
This annual fee shall be $7,765. Benbrook shall pay Fort Worth the equipment support
fee on or before January 31 of each year.
4.4. Interlibrary Loan and Reciprocal Borrowing In-Kind Services.
As part of consideration, and to further the purpose of this Agreement, Fort Worth
and Benbrook shall provide interlibrary loan and reciprocal borrowing services to the
MetrOPAC Interloca12005—Benbrookr 31 Z
v U I��1��J J 1
Page 6 �,C c�1 'u
in
other MetrOPAC library systems at no charge either to the parties or their customers.
Furthermore, Benbrook 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. Benbrook acknowledges that Fort Worth licenses its System from a third-party
System Vendor. In addition, Benbrook 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 Benbrook during normal
business hours and are incorporated herein by reference for all purposes.
5.2. BENBROOK UNDERSTANDS AND AGREES THAT FORT WORTH DOES
NOT GRANT BENBROOK ANY RIGHT THAT IS GREATER THAN OR
DIFFERENT FROMANY RIGHT THAT FORT WORTH MAYHAVE UNDER THE
SYSTEM DOCUMENTS. IN ADDITION, BENBROOK UNDERSTANDS AND
AGREES THAT FORT WORTH SHALL NOT BE LIABLE TO BENBROOK FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OFANYSORT, INCLUDING WITHOUT LIMITATION, DAMAGES TO
PROPERTY OR FOR PERSONAL INJURY, DEATH, LOSS OF PROFITS OR
SAVINGS, LOSS OF USE OR ANY OTHER DAMAGES, WHETHER BASED ON
STRICT LIABILITY OR NEGLIGENCE AND WHETHER RESULTING FROM
USE OF THE SYSTEM OR OTHERWISE, EXCEPT FOR DIRECT, SPECIFIC
DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ONLY TO THE
EXTENT CAUSED BY FORT WORTH'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
5.3. BENBROOK 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 BENBROOK IN
ALL RESPECTS AND FOR ALL INTENDED PURPOSES. FORT WORTH HAS
NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATION,
WARRANTY OR COVENANT, WRITTEN OR ORAL, STATUTORY, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THE DESIGN, QUALITY, CAPACITY, MATERIAL, -
WORKMANSHIP, OPERATION, CONDITION, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR LATENT DEFECT OF
THE SYSTEM OR ANY PORTION THEREOF, OR AS TO ANY PATENT,
COPYRIGHT OR TRADEMARK INFRINGEMENT. AS TO FORT WORTH,
MetrOPAC Interlocal 2005—Benbrook "v �v�!! �1251
Pagel
� y s!
BENBROOK HEREBY WAIVES ANY CLAIM IT MAY HAVE REGARDING,
WITHOUT LIMITATION, THE DESIGN, CAPACITY, MATERIAL,
WORKMANSHIP, OPERATION, CONDITION, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR LATENT DEFECT OF
THE SYSTEM OR ANY PORTION THEREOF, AND ANY CLAIM IT MAY HA VE
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.
Benbrook 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 Benbrook's sole cost and expense, Fort Worth will provide Benbrook
with an industry-standard copy of Benbrook's data base on a machine-readable tape in
MARC format or such other format reasonably requested by Benbrook and available to
Fort Worth.
Benbrook understands and acknowledges that the services provided under this
Agreement are largely contingent upon participation from Benbrook 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. Defau1�.
6.2.1. Defined Benbrook shall be in default under this Agreement if Benbrook
(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 Benbrook written consent for additional
time to pay such compensation or other amounts) following receipt by Benbrook 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 Benbrook 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 Benbrook 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 Benbrook and such other
communities, Fort Worth has entered into System Documents with multiple-year terms
that have required advance planning and long-term financial commitments. Therefore,
and notwithstanding any other provision, if an Event of Default occurs, Fort Worth may
exercise any and all of the following remedies: (i) declare an Event of Default in writing
to Benbrook and terminate this Agreement immediately; (ii) recover from Benbrook all
MetrOPAC Interloca12005—Benbrook
Page
compensation then due and unpaid; and (iii)recover from Benbrook all compensation to
become due, by acceleration or otherwise, during the remainder of the term of this
Agreement, which sums Benbrook 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 Benbrook.
6.4 Implementation of New System.
Benbrook understands and acknowledges that the services provided under this
Agreement are largely contingent upon participation from Benbrook 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 Benbrook's ability to
effectively and efficiently utilize Fort Worth's system, Benbrook 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 Benbrook's needs with
regards to the new system, then Benbrook shall have the option to cancel this Agreement.
In the event of such cancellation by Benbrook, all fees and expenses due to Fort Worth at
the time of cancellation shall immediately become due and payable.
7. MISCELLANEOUS.
7.1. Owners jp of Data Base Benbrook shall at all times retain ownership and use
of its database, including patron files and records.
7.2. No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert
any such right on any future occasion.
7.3. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or impaired.
7.4. Force 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,
MetrOPAC Interlocal 2005—Benbrook
Page 9
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.Benbrook shall provide Fort Worth with the name, direct phone number,
facsimile number, and a-mail address of a Benbrook 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 Benbrook 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—Benbrook
Page 10
EXECUTED in multiples this day of Apr " 200 �Q .
CITY OF RT WORTH: BENBROOK LIBRARY DISTRICT:
By: By:
Libby Wat Name:
Assistant City Manager Title:
ATTEST: ATTEST:
By:
Marty Hendrix Name:
City Secretary Title:
APPROVED AS TO FORM APPROVED AS TO FORM:
AND LEGALITY:
n By:
By._ Attorney for Library District
Maleshia B. armor
Assistant City Attorney
M &C:C-20460;Approved 12/21/04
MetrOPAC Interlocal 2005—Benbrook
Page l l 03'F
FT.
1
EXHIBIT "C"
SYSTEM COSTS AND EQUIPMENT LISTING
Benbrook Library District
One-Time Costs
Horizon System Buy-In
5 Horizon Staff Licenses @$1,089 each $ 5,447
Share of service area population(2.755%) 9,514
Total Horizon System Buy-In $14,961
Administrative Charges(21.73%) 3,251
Peripheral Products
1 Falcon Portable Data Collection Unit 1,090
Peripheral Shipping 10
TOTAL BENBROOK BUY-IN $19,312
Optional Buy-In Payments over 2-Years:
Year One: $10.380.20
Year Two: $10.018.10
On-Going Annual Maintenance
Horizon System $2,423
Administrative Charges(21.73%) 527
Peripheral Products
1 Falcon Portable Data Collection Unit 260
TOTAL BENBROOK ANNUAL MAINTENANCE $3,210
'MetrOPAC Interlocal 2005—Benbrook pp
Page 12 � �v�i-?i
urf
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
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/8/2006
Page 2 of 3
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.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/8/2006
Page 3 of 3
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available, as appropriated, in the Special Revenue Fund
Automated Library Systems Sharing. Upon receipt of funds from The Fort Worth Public Library Foundation,
the interim financing will be returned to the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR03 541320 084840010000 $300,000.00 GG01 538070 0841000 $300,000.00
GR03 541320 084840010000 $120,000.00 GG01 136003 0000000 $513,000.00
GR03 472001 084840010000 $300,000.00
GR03 541320 084840010000 $513,000.00
GR03 220001 000840010000 $513,000.00
GR03 467092 084840010000 $120,000.00
GR03 467092 084840010000 $513,000.00
Submitted for City Manager's Office by: Libby Watson (392-6183)
Originating Department Head: Gleniece Robinson (871-7706)
Additional Information Contact: Deborah Duke (871-7725)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/8/2006