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HomeMy WebLinkAboutContract 2155r~, ~ Anoka County Contract No. --' ~~ ~~ ~-~ ` ```~{ AGREEMENT 21~~ 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 City of Columbia Heights, 590 40th Avenue Northeast, Columbia Heights, Minnesota 55421, on behalf of the Columbia Heights Public Library, 820 - 40th Avenue Northeast, Columbia Heights, Minnesota 55421, hereinafter referred to as CHPL, shall be effective January 1, 2009 until canceled by either party as provided herein. 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 tc 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. INFORMATtQN PRQV!DED BY ASSQCIATE 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 far quality control of data in the system. III. TERM The initial term of this Agreement shall be from January 1, 2009 through December 31, 2009, 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 31St of each year). IV. COST OF INTEGRATE® 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 of 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. C. TELECOMMUNICATIONS COSTS 1. CHPL shall be responsible for paying its own telecommunications costs for access to the shared ILS and Internet Service Providers. -2- 2. For CHPL's dedicated telecommunication lines, costs will be based on actual expenses. In the event that telecommunication lines are shared between CHPL and ACL, costs will be pro-rated and E-rate and RLTA reimbursements will be calculated and returned to the applicable systems. 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 far 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 records in the bibliographic database. 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, reserve 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. E. NEW AND REPLACEMENT EQUIPMENT FOR THE CENTRAL SITE ACL reserves the right to make decisions regarding the continued operation and updating of the integrated library system. CHPL staff will participate in the decision- making. CHPL shall reimburse ACL for costs as outlined in Section IV. A. -3- 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 +ts 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. VII. TITLE AND OWNERSHIP OF EQUIPMENT Title and ownership of all equipment (including the central site equipment) located in ACL libraries shafi remain with ACL at all times. Ownership and title to the equipment purchased by CHPL shall remain with CHPL. ACL shall have sole responsibility for vendor communications and relations. 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 any shared 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. -4- 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. 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 far 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 all affirmative action or equal employment opportunity requirements imposed upon Anoka County or CHPL by any other federal or -5- 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, ar 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 far 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 atl rules promulgated pursuant thereto by the Commissioner of the Department of Administration. 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. XIII. DATA SECURITY ACL and CHPL agree and guarantee each other that mutually agreed upon industry standards for data security in shared systems will be maintained and adhered to at all times. XIV. EARLY TERMINATION TI'iis 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. -6- 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 stated above, and may recover from CHPL any damages sustained by ACL which may 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. -7- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. ANOKA COUNTY LIBRARY COLUMBIA HEIGHT ~` r ~~ ,~ 1 Jame Daniels, Chair ~/Anoka County Library Board ._... ~ ~~ Gary Peterson, l~layor City of Columbia Heights ATTEST: ~~~ ~ / ~" Mar ene Moulto Janssen,~Di~ctor Anoka County Library ~~ ,~ Walter R. Fehst ity Manager City of Columbia Heights Dated: ~ ~'.~1~ APPROVED AS TO FORM: ~, a ~ a .ry Dan Klint Assistant Anoka County Attorney Dated: `~ /~-~~`~~`~ ATTEST: ~-'~! /; '~~ - '~ ,1 ,~ ,~ ,~ ~ ,,~ ` ~~ ~ ~%Barbara E. Miller Chair ~,.~- Columbia Height Public L~r~,¢ar„~' ,r ... .. "" ~.. A~ ~s Hoeft Columbia Height~tty _g_