HomeMy WebLinkAboutContract 1961
Anoka County Contract No.
AGREEMENT
FOR INTEGRATED LIBRARY SYSTEM SERVICES
THIS AGREEMENT is made and entered into by and between Anoka County
Library, 707 Highway 10, Blaine, Minnesota 55434, hereinafter referred to as ACL, and the
Columbia Heights Public Library, 820 - 40th Avenue Northeast, Columbia Heights,
Minnesota 55421, hereinafter referred to as CHPL.
WITNESSETH:
WHEREAS, ACL and CHPL have a current agreement to provide library services
whereby patrons of either library may check out books and materials from the other library;
and
WHEREAS, ACL has purchased computer equipment, software, and the required,
related licenses to operate an integrated library system; and
WHEREAS, CHPL desires to use and share the cost of ACL's integrated library
system.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it
is agreed and understood as follows:
I. SERVICES TO BE PROVIDED
ACL agrees to allow CHPL to participate in ACL's system for integrated library
services, including the circulation of library materials.
II. INFORMATION PROVIDED BY ASSOCIATE LIBRARY
CHPL shall input information concerning its patrons and shall work with ACL so that
CHPL's unique bibliographic data is included in the computer database. All information
shall be in a form designated by ACL which shall be responsible for quality control of data
in the system.
III. TERM
The initial term of this Agreement shall be from January 1,2007 through December
31, 2007, the date of the signatures of the parties notwithstanding. The term of this
Agreement shall be automatically extended for successive one-year terms unless either
party give the other written notice of its intention to terminate this Agreement at least 180
days prior to the expiration of each successive term (before December 31 st of each year).
IV. COST OF INTEGRATED LIBRARY SYSTEM
As consideration for participation in ACL's integrated library system, CHPL shall pay
ACL as follows:
A. INTEGRATED LIBRARY SYSTEM OPERATING COSTS
1. CHPL shall reimburse ACL its pro-rata share of costs and expenses
incurred by ACL in the operation and maintenance of the integrated library system,
including but not limited to software and hardware maintenance, software and hardware
system updates, and licenses associated with the operation of the integrated circulation
system.
2. CHPL's pro-rata share of any cost or expense shall be based on the average
of the following three factors: CHPL's percentage of the ILS' annual circulation of
materials, the percentage of CHPL items contained within the County Library's
bibliographic database, and the percentage of the number CHPL's borrower
registrations performed within the ILS as certified in CHPL's annual report to the State
of Minnesota.
B. REMOTE EQUIPMENT COSTS
CHPL shall be responsible for the cost of all equipment needed to implement
the integrated circulation system that is to be located in its library. This includes, but is not
limited to workstations, barcode readers, printers, and telecommunications hardware.
CHPL shall also be responsible for all hardware maintenance and repair expenses
associated with its equipment.
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C. TELECOMMUNICATIONS COSTS
1. CHPL shall be responsible for paying for telecommunications costs
between CHPL and the computer center at ACL, including but not limited to the cost of
seNers, switches, multiplexors, telephone lines, and the installation, maintenance, and
operating expenses thereof.
2. For CHPL's dedicated telecommunication lines, costs will be based on
actual expenses. Telecommunication lines shared with ACL will be pro-rated based on
use. E-rate and RL TA reimbursements will be calculated for CHPL lines with those funds
returned to CHPL.
D. DIRECT COSTS
CHPL shall be responsible for all direct costs associated and attributable
directly to its use of the integrated library system, including but not limited to the following:
1 . Cataloging Costs
CHPL shall reimburse ACL for the cost of entering unique catalog
information into the computer. CHPL may attach item records to identical ACL
bibliographic entries without payment. In the event of a migration to a new integrated
library system, CHPL shall reimburse ACL for its portion of costs required to update the
bibliographic database. These costs will be determined by the percentage of CHPL's
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Cataloging costs will be determined by a cataloging time study by
format conducted a minimum of once yearly. Once the amount of time to catalog an item
is determined, costs will be calculated based upon the current staff salary and benefit costs
of staff performing the tasks.
2. Notices, Etc.
CHPL shall reimburse ACL for the preparation of overdue, reseNe
notices, and/or collection letters prepared and sent on behalf of CHPL, including charges
for postage, labor, and supplies associated with the preparation of such material.
3. Access Point Charge
It is understood by the parties that CHPL computer workstations are
utilized by the public for both Internet and catalog functions. Wireless access is also
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provided to CHPL customers utilizing ACL's services. ACL staff will install these access
points and set up appropriate security and access. ~n addition, ACL staff will do
troubleshooting and install software upgrades for CHPL so that the access points function
in the same manner as similar access points in ACL's branch libraries. For these services,
CHPL will pay ACL at an initial rate of $200.00 per access point per year. Rate changes
may be negotiated by ACL and CHPL directors and approved by their respective boards.
E. NEW AND REPLACEMENT EQUIPMENT FOR THE CENTRAL SITE
ACL reserves the right to purchase additional new and/or replacement
equipment for the continued operation and updating of the integrated circulation system.
CHPL shall reimburse ACL for equipment directly related to CHPL's usage of the system.
V. PAYMENT
CHPL shall pay to ACL all operating costs and expenses provided for herein within
30 days of receipt of an invoice from ACL. The schedule for the payment or
reimbursement of the pro-rata share of the costs of a hardware and/or software upgrade by
CHPL will be as mutually agreed between CHPL and ACL.
VI. BIBLIOGRAPHIC DATABASE OWNERSHIP/ACCESS
1 . ACL shall be the sole owner of the bibliographic database. Only ACL
cataloging personnel will have authorization to enter new bibliographic records. CHPL
shall take appropriate measures to ensure that Us staff preserves the integrity of the
bibliographic database.
2. In the event of dissolution of this agreement, ACL agrees to provide CHPL, at
CHPL's cost, a copy of its records in electronic format, including but not limited
to bibliographic, holdings, patron and circulation records.
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VII. TITLE AND OWNERSHIP OF EQUIPMENT
Title and ownership of all equipment (including the central site equipment) located in
ACL libraries shall remain with ACL at all times. ACL shall have sole responsibility for
vendor communications and relations. Ownership and title to the equipment purchased by
CHPL shall remain with CHPL.
VIII. EQUIPMENT AND SUPPLIES
No equipment or supplies which affect the system as a whole may be used by CHPL
in conjunction with the integrated library system and/or telecommunications network
without the prior written approval of ACL.
IX. DUTY OF CARE
The parties contemplate that their joint cooperation is needed to provide CHPL with
an integrated library system for the cataloging and circulation of its library material.
Because the services hereunder are being provided on a cost basis, ACL shall not be liable
for any damages as a result of the loss or misuse of data, delays, and errors in providing
CHPL with data or information from the integrated library system. Should there be a loss of
data, delays or errors, ACL agrees to use its best efforts to mitigate the effects of such
occurrence.
X. AUDiT DiSCLOSURE AND RETENTiON OF RECORDS
1. CHPL agrees to make available to duly authorized representatives of ACL
and of the State of Minnesota, for the purpose of audit examination pursuant to Minn. Stat.
16C.05, any books, documents, papers, and records of CHPL that are pertinent to CHPL's
provision of services hereunder. CHPL further agrees to maintain all such required records
for six years after receipt of final payment and the closing of all other related matters.
2. ACL agrees to make available to duly authorized representatives of CHPL
and of the State of Minnesota, for the purpose of audit examination pursuant to Minn. Stat.
16C.05, any books, documents, papers, and records of ACL that are pertinent to ACL's
provision of services hereunder. ACL further agrees to maintain all such required records
for six years after receipt of final payment and the closing of all other related matters.
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XI. INDEMNIFICATION
CHPL agrees to hold harmless, indemnify, and defend ACL, its officers, employees,
agents, and board of directors against any and all claims, losses, damages, or lawsuits for
damages, including attorney fees, arising from, allegedly arising from, or related to the
providing of the services hereunder.
XII. NON-DISCRIMINATION
CHPL agrees as follows:
A. In accordance with Anoka County's Affirmative Action Policy and Anoka
County Commissioners' policies against discrimination, no person shall illegally be
excluded from full-time employment rights in, be denied the benefits of, or be otherwise
subjected to discrimination in the program which is the subject of this Agreement on the
basis of race, creed, color, sex, sexual orientation, marital status, public assistance status,
age, disability, or national origin.
B. CHPL hereto agrees to comply with the provisions of Executive Order No.
11246, (in revised order) entitled "Equal Employment Opportunity," as supplemented in the
Department of Labor Regulations (41 CFR, Part 60) and as amended by Executive Order
11375 and all other applicable state and federal regulations.
C. CHPL also agrees to comply with aU affirmative action or equal employment
opportunity requirements imposed upon Anoka County or CHPL by any other federal or
state law, rule or regulation. CHPL further agrees to furnish all information or reports that
may be required by the above cited Executive Order, Department of Labor regulations or
any other state or federal agency, or as required by Anoka County.
D. This Agreement may be canceled or terminated by either ACL or CHPL and
all money due, or to become due hereunder, may be forfeited for a second or any
subsequent violation of the terms or conditions of this subdivision.
XIII. DATA PRIVACY
In collecting, storing, using and disseminating data on individuals in the course of
providing services hereunder, ACL and CHPL agree to abide by all pertinent state and
federal statutes, rules and regulations covering data privacy, including, but not limited to,
the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the
Commissioner of the Department of Administration.
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All data created, collected, received, stored, used, maintained, or disseminated by
ACL and CHPL in performing this Agreement is also subject to the provisions of Minn.
Stat.13 et. seq. (the Minnesota Government Data Practices Act) and, pursuant to that
statute, Both ACL and CHPL must comply with the requirements of that statute as if it were
a government entity. All remedies set forth in Minn. Stat. 13.08 shall also apply to ACL and
CHPL. CHPL is not required to provide public data to the public if that same data is
available from ACL, unless stated otherwise in this Agreement.
XIV. EARLY TERMINATION
This Agreement may be terminated by ACL or CHPL at any time, with or without
cause, upon one year written notice delivered by mail or in person. Notices shall be
delivered to either CHPL or ACL at the addresses first written above. If notices are
delivered by mail, they shall be effective two days after mailing.
XV. DEFAULT AND REMEDY
Failure of CHPL (including the failure of any employee or agent of CHPL) to abide
by any of the terms, conditions, or requirements expressed in this Agreement shall
constitute a default if not properly corrected by CHPL upon receipt of a notice of deficiency
and a request for compliance from ACL. In the event of a default by CHPL, ACL may
cancel this Agreement by sending a written notice of cancellation to CHPL at the address
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directly or consequently arise out of the breach of this Agreement by CHPL.
XVI. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING
It is understood and agreed by the parties hereto that the entire agreement of the
parties is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof. Any alterations,
variations, modifications, or waivers of the provisions of this Agreement shall be valid only
when they have been reduced to writing and duly signed by the parties.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands.
ANOKA COUNTY LIBRARY
By:
Ja aniels, President
oka County Library Board
Dated: /:t#(I1J.tltJ~
ATTEST
Dated I-J...; fIg / D,b
APPROVED AS TO FORM
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By: \ K~i~/v~) ()\!\/r-~-
Daniel A"':-KHnt ~~
Assistant County Attorney
Dated:
Dated: J ~ - 12- )-€Jo (p
By:
Walter R. Fehs , City Manager
City of Columbia Heights
Dated: 12~ IL-~()?
Dated: I 2./ ll-~ L.o () "
mkd\contract\2001\acl-columbia heights Iibrary-agr (2/21/01)
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