HomeMy WebLinkAboutJefferson County Library - CLEO Automation System and 1st AmendmentI I I; r, r
.
ON,
JEFFERSON COUNTY LIBRARY AUTOMATION SYSTEM SERVICE AGREEMENT
This Agreement for Professional Services (the "Agreement"), is by and between Port Townsend Public
Library, (hereinafter "PTPL") and the Jefferson County Library, a special purpose library district,
(hereinafter "Library").
A.
RECITALS
WHEREAS, the parties find that it will be mutually beneficial for the Library to purchase certain services
for the benefit of all the libraries in Jefferson County; and,
WHEREAS, the parties agree that the Library providing specified services will result in more efficient,
effective, and less costly services for citizens within the County, thereby better serving the public; and,
WHEREAS, the PTPL finds that the Library has the technical ability and is qualified to provide the
services described in this Agreement; and,
WHEREAS, the Library is authorized by law to provide the services set forth in this Agreement,
NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions contained in this
Agreement and the mutual benefits to be derived therefrom, the parties agree as follows:
B.
DEFINITIONS
1. The CgjL)pgGiive l.,ibrarics of the 1 astern 01 mi ics (0 11 0 ) means the 5 partner consortium
(Jefferson County Library. Port Townsend Library, Quilcene Schools, Brinnon Schools, Port Townsend
School District) originally formed in 1993 as C.L.A.N., the Cooperative Libraries Automated Network, to
deliver library service countywide.
2. Integrated Library System, or ILS means an automated system, usually consisting of a number of
functional modules, such as acquisitions, circulation, cataloging, serials, and an OPAC (Online Public
Access Catalog).
BSL means Brinnon School Library,
4. JCL means Jefferson County Library.
5. PTPL means Port Townsend Library,.
6. QSL means Quilcene School Library.
PTSD means Port Townsend School District.
ARTICLE I.
SERVICES TO THE PTPL
The Library shall furnish the following services to the PTPL:
A. After consultation with PTPL (and other clients), contract with a vendor of the Library's choice to
purchase an Integrated Library System ("ILS"), provide overall system administration, liaison
with the ILS vendor, and coordinate use of the system and implement upgrades.
B. Manage the ILS to provide a public access catalog, circulation and cataloging modules to the
PTPL. Other modules may be added and made available to the PTPL based on future discussion
and negotiation of costs.
C. Manage various system databases, specifically patron and bibliographic. The Library will
establish such rules for database entry and maintenance as are necessary for the effective
functioning of the system.
D. Provide system support for the !LS including staffing.
E. House and maintain the ILS in good operating condition. Provided, however, that it is expressly
acknowledged and agreed that: (1) the system will not be available during upgrades or
maintenance procedures. PTPL will be contacted within a reasonable timeframe to determine
optimum downtimes for maintenance and upgrades. (2) The Library does not assume any liability
for such delays and inconvenience that PTPL may realize as a result of system failure or
maintenance, unless caused intentionally or by negligence of the Library.
F. Provide protection for the ILS with security, maintenance, and upgrades.
G. Provide reasonable troubleshooting and staff support to the PTPL in its use of the ILS. The
Jefferson County Library, as proprietor of the ILS system, provides systems administration and
support for PTPL during the following business hours:
Monday — Friday 8:00 a.m. to 5:00 p.m.
Questions regarding system functionality will be restricted to business hours only. The Library
will make emergency system administration services available to PTPL during those hours that
the PTPL is open after Library business hours. Emergency system administration services will
only be available for loss of connectivity to the ILS or if the ILS is unresponsive.
H. Provide and/or coordinate appropriate training required for the operation of the system.
ARTICLE II.
REQUIREMENTS OF THE PTPL
The PTPL shall be responsible for meeting the following requirements:
A. Technical requirements defined by the Library for the housing and maintenance and networking
of equipment housed on the PTPL's premises.
B. Technical requirements defined by the Library for peripheral/workstation equipment including
the purchase and maintenance of computer workstations housed on the PTPL's premises.
C. Providing for its own site installation and day-to-day site management.
D. Maintaining components of the system databases (item, bibliographic, patron, etc.) to comply
with standard library practice and with rules set by the Library to ensure the effective functioning
of the system.
E. Providing a staff member designated as the PTPL's technical contact.
ARTICLE III.
MUTUAL RESPONSIBILITIES
All parties utilizing the system shall:
A. Share a common borrower database and common library cards (utilizing CLEO system
identification numbers). All parties agree to protect the privacy of all borrower information.
B. Recognize each other's withdrawal of borrower privileges and fine and fee structures to the
greatest extent possible within institutional constraints,
C. Generally work together to offer as seamless access as possible to library services and resources
for all county users.
ARTICLE IV.
DURATION OF AGREEMENT.
The duration of this Agreement shall be perpetual, unless terminated by any party in accordance with
Article VII, Section A.
ARTICLE V.
PAYMENT
A. Overall Payment S ildtic•e.
Costs will be determined initially by the Library, based upon a projection of the following year's needs,
recurring vendor charges, and on fees negotiated with the schools. Schools will pay based on a formula
comparing workstation licenses, number of workstations, and student FTE. PTPL will pay based on
percentage of county population. School payments are first charged against gross expenses of CLEO. The
Library and PTPL are then responsible for the balance of system expenditures.
1. The Library will provide PTPL with a line -item estimate of projected system costs (including
professional services, salaries, benefits, equipment, service agreements, licenses, etc. and overhead)
on or before August 31 of each calendar year.
2. PTPL's share of costs will be calculated based on the percentage of the county population residing
within the city limits, rounded to the nearest percentage point, based on April 1 Jefferson County
"Population of Cities, Towns and Counties" for the most recent year, provided by the State of
Washington's Office of Financial Management (OFM), Forecasting Division.
3. In February of each calendar year, the Library will provide an exact accounting of prior year
expenditures to PTPL, reimbursing any overage charged or billing for additional charges due, in
accordance with the cost allocation formula.
B. 'r�ro"Sgt,and ReinibursgbleCosts.
PTPL shall reimburse the Library for the following costs incurred in connection with Services rendered.
Reimbursable costs include, but are not limited to: printed reports, data extraction services (including
withdrawal from system), and authority control services. The Library shall provide the PTPL with
substantiation of Reimbursable Costs incurred. Costs for special projects will be negotiated and then built
into yearly contract fees. Costs for special projects developed outside of the framework of the yearly
contract, will be negotiated, documented in a separate agreement and billed on a case-by-case basis.
C. Invoicing..
1. Invoices will be submitted by the Library for payment by PTPL. Payment is due upon receipt and is
past due thirty (30) business days from receipt of invoice.
2. A finance charge of 1.5% per month on the unpaid amount of an invoice, or the maximum amount
allowed by law, will be charged on past due accounts. Payments by PTPL will thereafter be applied
first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or
r 1 1' shall
1_ _ paid
J 1___ --"Y
other costs incurred in collection of delinquent accounts shad �e paid oy r ri-
3. If payment of invoices is not current, the Library may suspend performing further work and/or block
access to the system. Failure to exercise this remedy in one instance does not waive the Library's
right to do so for subsequent breaches.
ARTICLE VI.
GENERAL PROVISIONS
A. !Qwnership L1_l;qui,pn1c nt,a„ The Library will assume ownership of all central site (Jefferson County
Library) computer hardware and furniture. If this Agreement is terminated, each party will retain
ownership of the equipment housed on its premises.
B. Courier/Bookmobile Services. PTPL and JCL will courier materials on a rotating schedule as agreed
upon by the two libraries. The Library (JCL) will provide courier service via the bookmobile to BSL and
QSL when school is in session.
D. Standard tit"Work. All work shall be completed in a professional manner consistent with industry
standards and in compliance with all applicable federal, state and local laws and regulations. The Library
shall keep accurate financial records in accordance with sound accounting principles, of all costs,
liabilities and obligations incurred under this Agreement for which compensation is paid.
E. Charigge in Services os, l gquirenients,. The Library may, from time to time, require changes or
modifications in the "Services to the PTPL" or in "Requirements of the PTPL." Such changes, including
any decrease or increase in the amount of compensation, which are mutually agreed upon by the Library
and PTPL, shall be in writing and signed by the PTPL and the Library.
F. Insurance to be Provided b i.. ibrar . The Library shall secure, procure and maintain insurance for
central site hardware and for the database property for the duration of the Agreement.
G. Hold Harmless;. The PTPL shall defend, indemnify and hold harmless the Library and its appointed
board members, officials, employees, agents and volunteers from and against any and all losses, claims,
injuries, liability, costs and expenses, including defense costs and legal fees, arising out of or in
connection with the performance of this Agreement. This paragraph does not purport to indemnify the
4
Library against liability for damages caused by the sole negligence of the Library, its officials, agents or
employees.
H. Dispute Resolution. Each party to this agreement will attempt, through consultation and discussion, to
resolve any disagreements relative to the provisions of this contract and the operation of the system. All
disputes not so resolved, shall be resolved through binding arbitration in accordance with the rules of the
American Arbitration Association. Each party shall select one arbitrator and those two arbitrators shall
select a third arbitrator, with the dispute settled by a majority of the arbitrators prevailing. The decision of
the arbitration panel shall be binding on all parties, and enforceable, if necessary, in the Superior Court
for Jefferson County. Allocation between parties of payment of costs of arbitration shall be determined by
the panel of arbitrators and their determination shall be final.
I. Advisory Qrc; up. The Library agrees to convene an Advisory Group on a quarterly basis or as needed.
The Advisory Group will include at least one member from the Library and one member who is
knowledgeable regarding the workings of the ILS, from each active client. The Advisory Group will
provide a forum for information sharing and problem solving. The Advisory Group may address topics
such as standardization of operating procedures, hours of service, equipment needs, service standards,
annual fees and other matters concerning the operation of the automated system. However, the Jefferson
County Library shall retain final authority for decision-making related to the automated system and its
operation.
ARTICLE VII.
OTHER TERMS
A. Ternlination. This Agreement may be terminated by either party at the end of the one (1) year term or
at the end of any one (1) year renewal, provided that at least six (6) months written notice be given to
either party hereto. In addition, if there is written notice of a material breach of this Agreement from
either party to the other, and the breaching party fails to cure such breach within 30 days of such notice,
the other party may terminate this Agreement upon written notice. In such event, the breaching party shall
be liable for damages as authorized by law or equity, in accordance with the terms of this Agreement.
Should the PTPL elect to withdraw from the system, it would be responsible for reasonable charges for
extracting its holdings, patron and bibliographic data.
B. L:ntire Agreement. This Agreement represents the entire agreement between the parties and supercedes
all prior negotiations, representations or agreements. This Agreement may be amended only by a written
instrument signed by both parties. If any term or provision of the Agreement is held invalid, the
remainder of the Agreement shall remain in full force and effect.
C. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the
covenants in this Agreement shall not be construed as a waiver or relinquishment of any such covenants,
but the same shall remain in full force and effect.
D. A mend trent. This Agreement may be amended by mutual, written agreement of all the parties.
E. Severability. If any term or provision of this Agreement is held invalid, the remainder of such terms
or provisions of this Agreement shall not be affected, but shall remain in full force and effect.
F. Effective Date. This Agreement shall be effective upon execution by both parties.
The parties signing below represent and warrant that they have full authority to sign this Agreement and
bind the party signing.
SIGNED '11-11S � .m._.�. DAY OF A,.,"'L2018
I av,isd Tfinnions; City Manager
SIGNED THIS 10th DAY OF December 2018
LIBRARY clUw4 .__\._ .............W
, Jefferson County Library
CLEO 2018 - COST DETAIL - Port Townsend Public Library
Updated 11/13/2018 - TM
Salaries @ 31%
STSM CLEO
1 hour x 52 weeks x $37.37 x 31%
$
602.40
PTPL
1 hour x 52 weeks x $37.37 (direct)
$
1,943.24
ASM CLEO
1 hour x 12 months x $34.17 x 31%
$
127.11
JCL Director CLEO
1 hour x 12 months x $45.31 x 31%
$
168.55
Salaries Total
155.00
$
2,841.30
Benefits @ 31%
Gale Testing & Education Ref. Center
$
267.00
Mandated benefits (FICA, retirement, L&I unemployment) (21% x sal)
$
596.67
Medical (25% x sal)
$
$
710.32
Benefits Total
13.21
$
1,306.99
Overhead
on salaries/benefits (Total x 20%) $ 829.67
Service Agreements, Licenses, Software, eResources, Maintenance @ 31%
Polaris Maintenance
$
9,052.00
Library Elf
$
248.00
Brightstor ArcSery Backup
$
116.25
Syndetics
$
1,085.00
K-20 ISP
$
46.50
Book Kit Keeper
$
155.00
Mango Languages
$
961.00
Gale Testing & Education Ref. Center
$
267.00
Kanopy
$
1,395.00
Chiltons
$
403.00
ESET Antivirus (3 servers-$14.20/server x 31% x 3)
$
13.21
Sub -total
$
13,741.96
Sales Tax @ 9%
$
1,236.78
Service Agreements, etc. Total
$
14,978.74
Equipment Replacement @ 31%
Polaris server 5 -yr. replacement cycle (est $12,000)
$
744.00
Technology Support
OESD CLEO $880/mo x 12 x 31% x15% $ 491.04
Sub -total $ 491.04
Sales Tax @ 9% $ 44.19
Tech Support Total $ 535.23
TOTAL - ALL $ 21,235.93
FIRST AMENDMENT TO
2018 LIBRARY AUTOMATION SYSTEM SERVICES AGREEMENT
Verizon hotspots
This Amendment to the 2018 Library Automation System Services Agreement is entered into as of the
last date signed below.
RECITALS.
1.The City of Port Townsend Public Library("PTPL") and the Jefferson County Library"Library" entered
into a Library Automation System Services Agreement on December 7, 2018 (the "Original Agreement").
2. Both the PTPL and the Library received grants from the State of Washington Office of Secretary of
State, Washington State Library Division to purchase Verizon Ellipsis Jetpack MHS900L PP "Mi-Fi"
devices ("Hotspots") in response to the COVID-19 pandemic to expand digital network access.
3. The Library has agreed to place six of the PTPL hotspot devices on their Verizon contract for data
services and invoice the PTPL for the cost.
AGREEMENT. The following provisions are added to the Original Agreement.
1.The parties agree as follows:
a.As of the date of this Amendment,the Library will contract with Verizon Wireless for data
services for six PTPL Hotspots.
b. PTPL will pay the Library$ _39.99 Per device per month for the data services plus any
additional accrued charges on those lines. Library shall invoice the PTPL monthly,and payment is due
within 30 days of the date of the invoice.
c. The Hotspots will remain the property of the PTPL.
d. If one of PTPL's hotspots is lost or damaged,the Library may invoice PTPL$50 to acquire a
replacement device to cover their Verizon contract replacement costs.
2.This Amendment shall be in effect from the date last signed below through May 31, 2021. It may be
extended by written agreement.
3. All other provisions of the Original Agreement shall remain in effect.
THE CITY OF PORT TOWNSEND JEFFERSON COUNTY LIBRARY
z
II
B . t �,
I ;; r
Y B Rf�
By:
Johr .oM uro, City Manager Dr. Tamara Meredith, Library �irector
September 29
Date: _, 2020 Date: , 2020