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HomeMy WebLinkAboutItem 13 - Library Automation System and Hosting ServicesLibrary www.santa-ana.org/library Item # 13 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Library Automation System and Hosting Services AGENDA TITLE Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On May 19, 2020, the City Council approved an agreement between the City of Santa Ana and The Library Corporation to provide a library automation system and hosting services. The library would like to enter into a new agreement with TLC to add two additional site licenses for the Delhi Branch Library and Jerome Park Library. These site licenses will allow the library to add physical locations and holding codes for the library material collections. TLC offers a web -based client -server software for managing library accounts, book inventory, circulation, and acquisitions. Patrons can search the catalog in-house or remotely, and the software generates informative reports such as circulation statistics and collection titles. The acquisition module simplifies book budget management and streamlines searching, ordering and cataloging new titles. Hosting services include nightly backup, security, virus protection, and database monitoring and updating. This system is crucial to the daily operations of the Santa Ana Public Library. Therefore, staff recommends that the City enter into a new agreement with TLC to continue providing the needed services. Approve Agreement for a Library Automation System and Hosting Services October 17, 2023 Page 2 FISCAL IMPACT The current fiscal year funding is available in the FY 2023-24 budget, and future fiscal year funding will be included in the proposed budgets for City Council consideration as follows: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 01111190- General Library- Tech & Support FY 23-24 66511 Fund SVCS, Computer $2,667 Software Subscriptions 01111190- General Library- Tech & Support FY 24-25 66511 Fund SVCS, Computer $44,193 Software Subscriptions 01111190- General Library- Tech & Support FY 25-26 66511 Fund SVCS, Computer $44,193 Software Subscriptions 01111190- General Library- Tech & Support $44,193 FY 26-27 66511 Fund SVCS, Computer Software Subscriptions 01111190- General Library- Tech & Support FY 27-28 66511 Fund SVCS, Computer $44,193 Software Subscriptions TOTAL $179,439 EXHIBIT(S) 1. Agreement Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Steven A. Mendoza, Assistant City Manager u". i L411unyuri sum Solutions that Deliver Library -Solution® Integrated Library System Hosted Contract for City of Santa Ana A Charter City and Municipal Corporation THIS AGREEMENT (hereinafter referred to as "Agreement") is made between The Library Corporation, Inc., a corporation organized under the laws of the State of Maryland, with its principal place of business at Research Park, Inwood, West Virginia, party of the first part (hereinafter referred to as "The Library Corporation" or "TLC"), and City of Santa Ana A Charter City and Municipal Corporation, party of the second part (hereinafter referred to as "Library" or "Licensee"). WITNESSETH: WHEREAS, The Library Corporation has developed a computerized System (hereinafter referred to as "Library•Solution®") consisting of Hardware and Software for Authority Control, Cataloging/Database Management, Public Access Catalog, Circulation, Acquisitions, Serials Control, OPAL, and Z39.50 server, and provides "Hosting Services" to libraries, and the Library is desirous of having TLC provide Library- Solution® as a "Hosted Solution;" NOW, THEREFORE the parties mutually agree as follows: Definitions: 1. "Hardware" is defined as all Hardware and products including, but not limited to, the (a) computer, disk drives, tape drive(s), and interface, (b) monitor(s) and terminals, (c) barcode scanner(s), (d) printers, (e) wiring and communication devices and (f) supplies for such Hardware. 1.1. "Licensed Software" and "Modules" are defined as Library°Solution® computer programs, including, but not limited to, (a) the integrated Library Systems in the Dataserver, (b) the PC -based Modules provided by The Library Corporation that are resident in the PC workstation(s), and (c) the operational programs stored in the Dataserver. The Licensed Software is listed in Schedule E and includes all corrections, modifications and enhancements thereof, as well as all applicable Oracle licenses and Licensed Software. 1.2. "Hosted System" and "Hosted Solution" are defined as the provision of the System by TLC to the Library via Hosting Services. 1.3. "Hosting_ Services" are the services described in Schedule I by which TLC will install, implement, operate, and maintain the System at a Host Location remote from the Library's premises and deliver access to and use of the System by the Library over data communications lines, including the Internet. 1.4. "Host Location" is the location where the Hosted Solution is located, from which Hosting Services are delivered by TLC to the Library. TLC Denver 11C 4:wItlim. tern -The Library Corporation TLC Intetnational 1355 S.Colurado Blvd, Suite C800 • genvtr, C0 80222 Research Park • Inwood. WV 25428-9733 112 Robinson Road 010 01 - Singapore 068902 Phone:877.694.1452 or 303.] 58.3030 Phcne:800.325.7159 a 304.229.0100 Phone: 65.6236.14 So • FAX65.6220.9821 rA4:103.756.0606 FAX:304.229.0295 r,. ;,Ftr'Efai: ,rn the LibraryCarparation 1.6. "Initial Customer Database" is defined as the Library's existing electronic bibliographic, patron, and transaction data. 1.6. Tgta.Conversion" is defined as the migration by The Library Corporation of the Library's initial Customer Database for use with Library -Solution@. 1.7. "Error" or " g " is defined as any function that is performed incorrectly or inconsistently by the Software resulting in Incorrect data or failure of the System to provide the correct response. 1.8. "Contraot" is defined as this document. 1.9. The terms "Software" and "Software Materials" and "Licensed Software Materials" in this Agreement shall also mean any machine-readable or printed material not included in the Licensed Software and which is designated by The Library Corporation as available under license to libraries who have licensed the program to which those materials relate, including documentation of the System. 1.10. °Documentation' is defined as TLC's current published product descriptions, printed and electronic, for the System, Hardware, Software, Hosted Solution, and Hosting Services. 1.11. "Licensed Software Updates" is defined as periodic enhancements and additional functionality added to the Licensed Software. 1.12. "Sub -Licensed Software" is defined as all applicable Microsoft, Oracle and Cognos Software provided to the Library by The Library Corporation. The Sub -Licensed Software is subject to such limitations and restrictions as required by the original licenser. 1.13. "Sub -Licensed Software Updates" is defined as periodic enhancements and additional functionality added to the Sub -Licensed Software. 1.14. The term "Databases" refers to Library of Congress MARC Database and other information formatted for use by the Licensed Software and provided on machine-readable media by The Library Corporation. 1.15. The terms "Customer's Database" and "l-lbrary's Data" and "Library's„Database" are defined as the Library's patron, circulation transaction, and MARC catalog machine-readable data, contained in the System or Hosted Solution. 1.16. The "Installation Date" shall be the day on which the Library begins production use of the Hardware, Licensed Software, Hosted Solution, and Hosting Services with the Library's Data fully loaded .and available to the Library. 2. gtgtigics. Statistics set forth In Schedule A, library Statistics, include the numbers estimated in October 20.22 of Cities, number and type of terminals, number of locations, total items circulated annually at each location, and the number of items in the collections at the Library locations where the System is to be used. "Items" are defined as materials circulated by the Library (individual copies of books, records, cassettes, etc.). Since The Library Corporation relies on these Statistics to choose the type of Hardware and to set parameters of the Software, the Library agrees that its Statistics as shown are reasonably correct. The Library Corporation 3. Tmrm. This Agreement shall commence on November 1, 2023 and expire on June 30, 20.26 ("Base Term"). The Library can terminate this Agreement upon ninety (90) days written notification to The Library Corporation of Its intention to terminate. There is no fee for early termination, however, there shall be no refund of any remaining balance(s), which have already been paid by the Library, After the Base Term of this Agreement has ended TLC will provide (2) one-year extensions, upon a mutually signed writing, at the annual cost set forth in Schedule H of this Agreement. 3.1. Upon termination by the Library, charges for TLC -assisted or customized extract of item and patron data will be charged at the then current rate. 3.2. Termination. The Library Corporation may discontinue any license or terminate this Agreement upon written notice if the Library fails to comply or to contest within thirty (30) days of receipt of such notice, with any of the terms and conditions of this Agreement. In the event the Library becomes insolvent or voluntarily or involuntarily bankrupt or a receiver, or if the Library makes an assignment for the benefit of creditors, then The Library Corporation at its option may immediately terminate this Agreement by notice to the Library to that effect. In no event shall this Agreement be assigned or assignable by operation of law or by voluntary or involuntary bankruptcy proceedings or otherwise, and any such assignment or attempted assignment shall be void and in no event shall this Agreement or any rights or privileges hereunder be an asset of the Library under any bankruptcy, insolvency or reorganization proceedings. 3.3. Term of the Hosting Services Agreement. The Hosting Services Agreement, a sample of which Is contained In Schedule I, shall be effective until it is terminated according to the provisions contained therein. 4. Library Corporation Fees and Deliverables. According to the Statistics in Schedule A, and subject to any special conditions appended in Schedule J, Additional Considerations, The Library Corporation will provide deliverables detailed in the following schedules at the fees indicated: Schedule B: Conversion, Processing and Implementation Schedule C: Hosted Solution Costs Schedule D: Peripheral Hardware and Maintenance Schedule F: Software Schedule F: Cataloging Database Subscriptions Schedule G: Installation and Training Schedule H: Payment Schedule Schedule 1: Hosting Services Schedule J: Additional Considerations .6. Payment. Payments for Hardware, Software, and all other goods and services shall be made in accordance with the terms that are set forth in Schedule H. Fees enumerated in Schedules B though G are summarized in Schedule H. The total amount to be expended under this Agreement shall not exceed One Hundred Seventy -Nine Thousand, Four Hundred Thirty -Nine Dollars and Zero Cents ($179,439). 6. Site Prel3aratiori It is understood and agreed that the aforesaid fees do not include any site preparation or installation costs except as described in Schedule G, Installation and Training. 7. Licenses. The Library Corporation hereby grants to the Library a perpetual, non -transferable and nonexclusive license to use the Licensed Software. T110 Library Corporation 7.1, Each License granted under this Agreement authorizes the Library to: (a) use the Licensed Software, in object code form only, at the location specified herein and on the designated number of display units at the location and a number of remote locations authorized in Schedule A, or as provided by Schedule E, (b) utilize the Licensed Software Materials in printed form and the Database in machine-readable form in support of the use of the System. 7.2. No title to or ownership of the Software is transferred to the Library, and it remains the proprietary property of The Library Corporation. 7.3. The Library shall not allow the Software or any portion thereof to be reverse -compiled or disassembled. 7.4. The Library Corporation may terminate all proprietary licenses granted hereunder and require return of the Software if the'Library fails to comply with these terms and conditions. The Library Corporation.*shall have the right to enforce these terms and conditions against the Library. 7.5. If the Licensed Software is to be used at other than the designated location(s) as specified by Schedule A, additional licenses may be required for each additional location as addressed in Schedule E, Software. If the Library cannot perform its data processing at the Host Location because of network conditions beyond the Library's control, the affected licenses will be temporarily extended to permit the Library to use the licensed program material at another location. 7.6. The Library must notify The Library Corporation of the Library's intention to change the designation of the location at which Licensed Software is to be used. 7.7. The Library Corporation hereby grants to the Library a perpetual, non -transferable and nonexclusive license to use the Sub -Licensed Software. The Sub -Licensed Software is governed by the licensing terms and conditions of the owners of those Software products, as identified in Section 1.13 of this Agreement. -8. The Library shall: 8.1. Pay all costs associated with data lines. 8.2. Pay shipping charges for all Peripheral Hardware purchased from The Library Corporation as defined in Schedule D. 8.3. Pay all fees to previous vendor for export & delivery of Initial Customer's Database. .. Privacy of Data. The Library Corporation agrees not to use patron details such as names, addresses, etc., for any purpose other than providing requested services to the Library and agrees not to transmit the Library's Data to any third party, except as requested by the Library. All bibliographic, item, fine, patron, and other records entered into the Library's Database on the Library's System or supplied to The Library Corporation by the Library are and shall remain the sole property of the Library. The Library Corporation shall not, without the Library's written consent, copy or use such records except to carry out contracted work, and shall not, without the Library's consent, transfer such records to The Whyary Corporation any other party not involved in the performance of this Agreement, and shall return submitted records to the Library upon completion of the work hereunder. The Library shall have the right, without the consent of The Library Corporation to extract such data in industry -standard formats, using The Library Corporation's Software and at no cost to the Library. The Library acknowledges that the methods of storage, compilation, format, and layout constitute proprietary and trade secret information of The Library Corporation and are protected by federal copyright law. The Library Corporation agrees to assist the Library within thirty (36) days of such request, In making such extracts. 10. Protection and Securit . All Licensed Software Materials, including, but not limited to Documentation, contain proprietary information, use of which is limited by the licenses granted in this Agreement. The Library will not disclose or otherwise make available any Software Materials in any form to any third party except to the Library's employees, or to agents directly concerned with licensed use of the program. 11. Warranty. 11.1. The Library Corporation warrants that The Library Corporation has the right to license the Software listed in Schedule E, Software, and to grant sub -license to the Sub -Licensed Software as defined in Section 1.13. The Licensed Software will perform the functions set out in.the Documentation. Thereafter The Library Corporation will provide program service and maintenance as described in Schedule H, Part 2, Software Support. 11.2. The Library Corporation does not warrant that the operation of the Licensed Software will be uninterrupted or Error -free or that all program defects will be corrected. 11.3. The Library Corporation agrees, however, to make its best efforts to correct all reproducible material Errors in programming and discrepancies between the Documentation and the actual Software performance. The Library Corporation further agrees to make -its best efforts to correct any Hardware or Software problems that result in total System "downtime". 11.4. The Library Corporation warrants that the Library shall acquire good and clear title to the Hardware purchased hereunder, free and clear of all lions, claims, or encumbrances from a third party. Title to the Hardware purchased from The Library Corporation by the Library shall pass from The Library Corporation to the Library upon payment of the final balance due, as outlined under Schedule H, Payment Schedule. 11.5. Hardware purchased under this Agreement will be newly manufactured. 11.6. The above warranties will apply as long as the Library has maintained Hardware Maintenance as provided by Schedule D and Software Support as provided by Schedule E or during the time of Hosted Services. 12, Software Support and Maintenance. 12.1. Telephone support and Licensed Software Updates will be provided as part of the annual Software support service fee, as provided for in Schedule H of this Agreement. The initial cost of the Software includes first -year Software support. Payment of the annual Software support fee entitles the Licensee to continued use of the Software. The Library Coporation 12.2. Licensed Software Updates will be made upon release. 12.2.1. The Library Corporation agrees to notify the Library at least 12 months prior to the release of a mandatory Licensed Software Update that would require a Hardware enhancement. 12.3. The Library Corporation reserves the right not to release Licensed Software Updates to the Software during the term of this Agreement. Failure to release Licensed Software Updates to the Software does not constitute default on the part of The Library Corporation because of the continuation of the right to use telephone support and other support -related services. 12.4. After a period of five years from the date of execution of this Agreement, The Library Corporation can discontinue Software support upon two years written notification #o the Library and the warranties provided by Section 12.1 of this Agreement shall remain in affect. 12.5. The Library Corporation shall not be responsible for correcting any adverse effects on performance or operation as a result of the Library's use of (a) third -party Hardware or Software, and/or (b) Databases and networks external to the Libra ry#Solutlon@ System, in conjunction with the Library-SolutionO System. When resources are available, The Library Corporation may provide consultation services or assistance relating to the Librarys use of such thlyd-party Hardware and Software, external Databases and networks, and The Library Corporation reserves the right to charge, at the then -published rate, for such services and assistance. 13. The Library's Election of Hosting Services. The Library has elected to receive Hosting Services for operation and delivery of the System to be provided as a .Hosted Solution according to the provisions of the Hosting Services Agreement that is to be separately executed by the parties In addition to this Agreement. 13.1. Acceptance and Payment The Hosting Services Agreement contained in Schedule I of this Agreement defines procedures for Acceptance of the Hosted Solution and Hosting Services that is a prerequisite for full payment of the amounts duo under this Agreement as specified by Schedule H, 14. Special considerations. (A) TLC acknowledges that the library's financial commitment in purchasing and maintaining the system is substantial and that the library enters Into the contract expecting vendor will remain in business in the foreseeable future to service and maintain the system and fulfill TLC's obligations. Accordingly, TLC represents and warrants that it: a. Has not received any notice or claim from any other party that any portion of the system is being used contrary to or in violation of another party's patent, copyright, trademark, trade secret, license, or other intellectual property interest; b. Is not now negotiating for the sale or transfer of its business or assets to another entity or company; The Library Corporation G. Has no knowledge or information that, in the foreseeable future, its ability to fulfill its obligations and commitments to the library will be hindered or jeopardized. 15. Patent and Copyright. 15.1. The Library Corporation will defend the Library against any claim that Licensed Software or Software Materials or Sub -Licensed Software or Hardware furnished and used within the scope of the licenses and Sub -Licenses and titles to Hardware granted herein infringe a U.S. patentor copyright and The Library Corporation will pay resulting costs, damages and attorney fees finally awarded, provided that, (a) the Library promptly notifies The Library Corporation in writing of the claim, and (b) The Library Corporation .has sole control of the defense and all related settlement negotiations. 15.2. If such claim has occurred, or in The Library Corporation's opinion is likely to occur, the Library agrees to permit The Library Corporation at its option at no additional expense to the Library either to procure for the Library the right to continue using the Licensed Software or Sub -Licensed Software or Hardware or to replace or modify the same so that they become non -infringing. 15.3. The Library Corporation shall have no obligation to defend the Library or to pay Costs, damages, or attorney's fees for any claim based upon (1) use of other than a current unaltered release of the Licensed Software if such infringement would have been avoided by the use of a current unaltered release of the Licensed Software, or (2) the combination, operation -or use of any Licensed Software or data with non -Library Corporation programs or data if such infringement would have been avoided by the combination, operation or use of the Licensed Software with other Library Corporation -approved programs or date. 15.4. The foregoing states the entire obligation of The Library Corporation with respect to infringement of patents or copyrights. 10. Limitation of Remedies. The Library's right to recover damages to property caused by The library Corporation's fault or negligence shall be limited to one million dollars ($1,000,000.00), except for a patent or copyright violation as contained in paragraph 15, Patent and Copyright. The Library Corporation shall not be liable in any event for any damages resulting from the Library's use of products, even if advised of the possibility of such damage. This limitation of liability shall apply regardless of the form of action, whether in contract or tort, Including negligence. This Agreement shall be subject to the provisions of the Uniform Commercial Code, with all Hardware and Software to be defined as "Goods". 1.6.1. In no event will The Library Corporation be liable for any damage caused by the Library's failure to perform its responsibilities or for any lost profits or other consequential, special, or indirect damages, even if The Library Corporation has been advised of the possibility of such damages. 17. Wa1ver of.rights. The waiver or failure of The Library Corporation to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 18. Seveera, bility. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the remaining provisions shall not be affected In any way. Tho Llbr4ty Corporation 19. Headings. The headings of the various paragraphs and Subparagraphs herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement. 20. Governing Law. This Agreement shall be subject to all applicable laws of the Federal Government of the United States of America and to the laws of the State of California. The applicable law for any legal disputes arising out of this Agreement shall be the law of the State of California. 21. Saving Clause. All quotations and Agreements are contingent upon accidents, fires, availability of materials, and all other causes beyond the control of either party. Typographical and stenographic errors are subject to correction. Terms inconsistent with those stated herein, which might appear on the Library's formal order or Request for Proposal, will not be binding on The Library Corporation. 22. Assignments,. The Library and The Library Corporation agree that no sublicensing, nor assignment of its rights or Interest, nor..delegation of its duties under this Agreement shall be made or become effective without the prior written consent of The Library Corporation or the Library. Any attempted sublicensing, assignment or delegation by elther party without prior written consent of the other party shall be wholly void and ineffective for all purposes. 23. Taxes not included. The charges shown on this Agreement do not reflect applicable federal, state, and local taxes which may be added to the amounts shown at the time of Invoicing. 24. Whole Agreement. This Agreement, including Schedules A through L and the documents listed below and referenced attachments which are deflned in aggregate as the Contract Documents, constitute the entire Agreement between the parties and supersedes all proposals, presentations, representations, and communications, whether oral or in writing, between the parties on this subject. Latter Agreements supersede former Agreements, Neither party shall be bound by any warranty, statement, nor representation not contained herein. The signatories acknowledge reading and agree to comply with all terms and conditions. 25. Amendments. Amendments and modifications to all, or any part, of the Agreement and to the Schedules A through L and referenced attachments, may be made, and shall be binding, only if in writing and signed by duly authorized representatives of both parties. 26. Reglacement of Prior Agreement. The parties acknowledge that the prior agreement (A-2020-100) between the Parties, dated April 29, 2020, is hereby replaced in its entirety by this Agreement. This Agreement shall be effective, and the prior agreement shall be terminated, upon the execution of this .Agreement by the parties. Upon such execution, all provisions of the prior agreement are hereby superseded in their entirety. payments made on the prior agreement shall be applied to the services contemplated by this Agreement. 27. Insu� ranee. The Library Corporation shall procure and maintain, at its sole expense, the minimum insurance requirements as described in Schedule K to this Agreement. ['signaturo page follows] The Library Corparat1on IN WITNESS WHEREOF the parties have duly executed and delivered this Agreement on the dates set forth below, ACCEPTED FOR THE LIBRARY By §-ee-M@QhQd S tune Title Signature Gate ACCEPTED FOR THE LIBRARY CORPORATION BY A netts H, Murphy Title Chalrman. CE Q ELMpg�� , ATTEST: Jennifer L Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �� w•_^ � �nr�don 5alvatierra Deputy City Attorney CITY OF SANTA ANA Kristine Ridge City Manager RECOMMENDED FOR APPROVAL: Flan Sternberg Executive Dire r Library Services Agency Ths Libroy Corporotlon Schedule A Library Statistics Estimated Number of Patrons Estimated Number of Tities 198,314 Estimated Number of Circulations 178,423 Number of Library Sites g Number of Staff Licenses* 81 ' Total Number of PAC Stations n!a "StafF License" refers to a unique account that will access the TLC software. Any physical station may allow any'licensed user to access the software -- users are portable. The Library Corporation Schedule B Conversion, Processing, and Implementation 1. Data Preparation 1.1. Number of Bibliographic Records; WA 1.2. Data Preparation and clean-up • Data clean-up and normalization * Authority control processing • Global updating of headings • RDAExpress retroactive conversion of your existing MARC records to the new 'R©A cataloging standard Migration of Library Data to UbrarySolutionO 2. Project Implementation Services 2.1. Project Management 2.1.1. Project Initiation outline milestones & deliverables 2.1.2. Coordination with third -party vendors 2.1.3. Operation review —rules configuration, collection review, and workflow analysis 2.1.4. System "look and feel' collaboration with staff 2.1.5. Iterative management process to keep library updated on project progress 2.2. Enable ongoing access to national authority files 2.3. Customized PAC appearance 2.4. Library policy and rules configuration setup 2.5. User previsioning and access models defined 2.6. Migration review upon go live Total conversion and implementation cost; NIA The Library Corporation Schedule G Hosted Solution Casts Hosted Service First Year cost Annual Support Costs Years 2-3 each Hosted (TLC•Oracle@ Cloud Services) $6,399 $6,399 TOTAL $6,399 $6,399 Vie Library Corporation Schedule D Peripheral Hardware and Maintenance L--� omponent First Year Cost Annual Support Costs Yoars 2* The Library Corporation Schedule E Software According to the provisions of this Agreement, The Library Corporation grants perpetual, non -transferable and non-exclusive licenses for the following Software and Databases, subject to the terms and conditions of this Agreement for use at the location(s) specified in Schedule A. The Library Corporation, LibrarySolutionO Integrated Library System and additional modules: Quantity Description First Year Costs Annual Support Costs Years 24 each 1 LibrarySolution@ Core: • LS2 Staff • LS2 Cataloging a LS2 Reports • LS2 PAC • LS2 Kids PAC $30,970 $30,970 •' LS2 Inventory • Oracle Database licensing • Ongoing Authority contml • LibraryZ (Z39.50 server) 01. Staff workstation licenses` Included Included 3 Reports licenses" Included Included 1 MuitllingualPAC option Included Included 1 Email Server License $50 $60 2 Site Licenses (reports license included $2,667 $800 for each site) November 1, 2023 to June 30, 2024 (prorated for 8 months) 1 OPAC Enrichment $5,974 $5,974 .1 Online Selection & Acquisitions Included Included 1 Library*SerialTM Included Included 1 SIP II Software included Included TOTAL. $39,681 $37,794 Thollbrary Corporation *The cost to add a Library-SolutlonO Site license is $2,000 per site, with an annual support cost of $400Iyr. *The cost to add a technical license is $1,000 per license, with an annual support cost of $200 per licenselyr. "The cost to add a Reports license is $400 per user with an annual support cost of $1001yr. Schedule F Cataloging Database Subscriptions The Library Corporation will g rant perpetual, non -transferable and non-exclusive licenses for the following cataloging database subscription, subject to the terms and conditions of this Agreement for use at the locatlon(s) specified in Schedule.A. Quantity Description First Year Cost Annual Costs Years NIA TOTAL NIA Tho Library Corporation Schedule G Installation and Training 1. Installation NIA 1.1. Qnsite setup for printers at the library, if necessary 2. Training 2.1. Three (3) days of remote or onsite training for one TLC trainer to train the library's staff. 2.2. One (1) day of remote assistance Immediately following training for TLC trainer to answer questions and assist staff as they work with the new system. NIA 2.3. If the Library feels more training is needed, additional days can be purchased at $1,5001day for onsits or $7501day for remote training Note: All of TLC's own related training expenses are included. Total for -Tra In Ing: NIA ilia Library Corporation Schedule H Pala I 1. Summary of charges: Description First Year Costs Annual Costs Years 2-3 each Conversion, Processing and Implementation Services (Schedule B) n!a n/a Hosted Solution Costs (Schedule C) $6,399 $6,399 Peripheral Hardware (Schedule D) _ n/a n/a Shipping (Schedule D) n/a n/a Software Subscription(s) (Schedule E) $39,661 $37,794 Cataloging Database Subscription (Schedule F) n!a nla Installation and Remote Training (Schedule G) n/a nla TOTAL $46,060 $44,193 NIA 1.1. Alternate description of charges: Description First Year Costs Annual Costs Years 2.3 each ILS core software charge $33,637 $31,770 Add -on software and subscriptions $6,024 $6,024 Hosted (TLC■Oracle@ Cloud Services) $6,399 $6,399 TOTAL $46,060 $44,193 Payment schedule: Annual License will be invoiced 90 days prior to annual anniversary of Installation Date and will be due prior to Installation Date Anniversary. *"Received as of August 22, 2023 Purchase Order ##6894 for the amount of $43,393. Remaining balance owed for 2023 $2,667.00 A Library Corporation Schedule IH Part 2 Software Support Years One (1) Through Three (3) Annual Licensed Software Support Cost (included In software subscription) 1. Annual Licensed Software Support includes telephone diagnostic service available during normal company business hours (6:30 a.m. A 9,00 P.M. EST Monday - Friday) additionally with emergency referrals from The Library Corporation's Operations Center to on -call personnel, 24 hours per day, and 7 days per week. All LibrarySolutionO customers have access to The Library Corporation's toll -free (800) telephone line. 2. Software support covers troubleshooting of any Software -related problem and provision of updates to the latest version of the System Software. 2,1. First -year software support is included in Software costs. 3. Software support fees include: 3.1. LibrarySolution(g) Core ILS (as outlined in Schedule E) 3.2. LibrarySerialTM 3.3. OPAC Enrichment 3.4. Ongoing Authority Control 3.5. Online Selection & Acquisitions OSA 3.6. SIP II Schedule I Hosting Services Agreement The Library Corporotlon By execution of this Hosting Services Agreement the parties agree that TLC will provide Hosting Services to the Library by which as described herein TLC will install, implement, operate, and maintain System at a Host Location remote from the Library's premises and deliver access to and use of the System as a Hosted Solution by the Library over data communications lines, including the Intemet. TLC's remote hosting is provided by Oracle Cloud. 1. General TLC will provide to the Library Hosting Services for operation and delivery of the Hosted Solution over data communication lines substantially in accordance with applicable Documentation and TLC' 'then -Curren# published product descriptions for the Hosting Services. As part of the Hosting Services, TLC will .(a) configure, install, maintain, monitor and .operate the System and Software components provided by TLC; (b) provide access to the Hosting Services, and (c) secure and maintain connectivity with third -;party telecommunication providers, all as necessary to'provide the Hosting Services and the Library's Database via the Internet. Institution is responsible for securing and maintaining its own Internet connectivity to access the System and the Hosting Services.. , 2. Hosting Services Detail TLC Hosting was designed to offer our products to libraries who desire a higher level of outsourced server hardware service and support. Hosted Service & Maintenance includes: e State of the art hosting facilities with redundant data communication lines and load balancing to ensure the best performance. e Fully redundant power using redundant PDU's, battery backup and diesel generators a Multi layered network security. * Nightly backup e Comprehensive 24x365 monitoring e Operating System updating e Database configuration and updating e TLC Software updating e The fastest possible response time for any server -related issues In the event of an unrecoverable, localized disaster, such as an equipment malfunction, the customer's hosted solution would be restored to a standby server and any lost data would be restored from the nightly backups. 3. Service Level TLC will use its best efforts to provide the Hosting Services and to establish, operate, and maintain the Hosted Solution in accordance with this Hosting Services Agreement, TLC's obligations under this Hosting Services Agreement are subject to materials and services provided by equipment, telecommunications andfor other suppliers and to delays by or actions of institution or third parties. The Library acknowledges that the Hosting Services may be subject to temporary interruptions due to causes beyond TLC's reasonable control, and such temporary interruptions will not be deemed to be a breach of any obligations under this Hosting Services Agreement. The Library Corporation 4. Uptime Commitment TLC will use its best efforts to ensure that the Hosted Solution is available 99.9% of the time (the "Uptime Commitment"), The Uptime Commitment will be measured as follows; Uptime Commitment= (T-P-D)I(T-P) * 100% T = the total number of minutes in the respective month P = planned outages (which will not exceed four (4) hours per month), telecommunications or power disruptions caused by third parties, any other causes beyond TLC's reasonable control, and excluding other times described herein. D = the total number of minutes of unplanned downtime in the month. TLC agrees to notify the Library promptly of any factor, occurrence, or event coming to Its attention that may affect TLC's ability to meet the Uptime Commitment, or that is likely to cause any material interruption or disruption of the Hosting Services. Notice of scheduled maintenance shall occur 3 days prior to scheduled downtime. In the event planned emergency maintenance is required, TLC will make best efforts to notify the Library as soon as possible in advance. 5. Hosted Solution Performance and Response Time Warranties, Testing, and Remediation TLC agrees and warrants that: a, The Software, System, Hosting Services, and Hosted Solution will perform substantially in accordance with the Contract Documents and this Hosting Services Agreement, and if the Hosted Solution fails to perform within the response -time performance levels or functions and capabilities described herein, then TLC will make whatever enhancement to the Hosted Solution that is necessary to provide the contracted levels of performance and functionality as specified by this Hosting Services Agreement within a reasonable time frame and at no cost to the Library. b. During operation of the Hosted Solution under normal business conditions during hours of operations of Library in which the activities of users are not scripted to create pre -defined transaction mixes for purposes of stress -testing licensed software or the response -time performance or capacity of the licensed software, the Hosted Solution shall perform transactions with average response times of s2 seconds as measured at workstations connected to the Hosted Solution server at the Host Location. c. On demand during the term of this Hosting Services Agreement, a thirty (30) minute response time test can be conducted by the Library to determine whether the Hosted Solution is meeting response times of s2.5 seconds at the Library's locations for transactions using one (1) to three (3) workstations connected to the Hosted Solution. d. If the Library determines that the Hosted Solution is performing transactions at a Library site with an average response time of >2.5 seconds, then TLC shall measure performance of transactions at the Host Location and if the average response time of the Hosted Solution is found to be >2 seconds, then TLC will make whatever enhancement to the Hosted Solution that is necessary to provide average response times of !�-2 seconds as measured at workstations connected to the Hosted Solution server at the Host Location. 6. Acceptance of the system, Hosted Soiutlon, and Hosting Services tho Library Corporation a. TLC agrees that the library may test the performance of the System, Hosted Solution, and Hosting Services for an Acceptance Test Period of thirty days from the Installatlon Date and notify TLC of any nonconformanos In performance of the Hosted Solution with the functionality and response times as specified in the Contract Documents and this Hosting Services Agreement. b. If, during the Acceptance Test Period the Library so notifies TLC of any such nonconformance, TLC shall use its best efforts to resolve each nonconformance, and the Acceptance Test Period will than be re -started, during which Library may begin again testing of the Hosted Solution for thirty days from that time. Such testing will continue until the Library notifies TLC that the Hosted Solution is acceptable or until the Acceptance Test Period has expired without notification by the Library to TLC of a nonconformance. In the event that any non -conform anoe` cannot be resolved to the Library's satiefactlon, TLC and the Library agree to engage In negotiations to establish an understanding and basis for the Library's continued use and acceptance of the $ystem,..Hosted Solution, and Hosting Services. ACCEPTED FOR THE LIBRARY By See'Attached Slcnature Page Title_ Signature Date - - ACCEPTI=D FOR THE LIBRARY CORPORATION By 60nette H. Murphy _ Title Chairman, CEO. President The Llbrao Gorppratton Schedule J Additional Considerations 1. Second -Year Support Costs, is stated in Schedule H-part 2, and schedule F, and includes all Software and Hardware purchased under this agreement. 2. Library+Solution@ includes IBM Cognos Business Intelligence Version 10.2.0, or higher which delivers a full library of pre -written reports, lists, and notices to support most reporting needs.. Report formats include lists, notice forms, bar charts, pie charts, line graphs, and cross -tabs. Staff can schedule the reports to run during off -hours and the reports -can, be automatically delivered to specifiers email recipients. One User License per site is included, The User License provides the ability to run any reports in the Reports Library. This license also enables staff to set personal preferences, schedule reports, subscribe to a'scheduled report, create and manage report folders, and personalize standard reports. Additional licenses are available at additional cost. Note: The Library has agreed to purchase a total of three (3) licenses, so that additional staff may have access to L82 Reports. Schedule K Insurance Requirements Prior to undertaking performance of work under this Agreement, The Library Corporation shall procure and maintain for the duration of the contract insurance against claims for Injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work by The Library Corporation, their agents, representatives, employees or subcontractors. a, Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, eitherthe general aggregatellmlt shall apply separately to this projectllocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or If The Library Corporation has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily Injury or disease. 4. Professional Liability and/or Errors 8, Omissions Insurance: applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 5. Broader Coverage: if The Library Corporation maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by The Library Corporation. Any available insurance proceeds in excess of the specified minimum limits of Insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of The Library Corporation including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the farm of an endorsement to The Library Corporation's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage. For any claims related to this contract, The Library Corporation's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of The Library Corporation's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: The Library Corporation hereby grants to City a waiver of any right to subrogation that any insurer of said The Library Corporation may acquire against the City by virtue of the payment of any loss under such insurance. The Library Corporation agrees to obtain any endorsement that maybe necessary to affect this wa€verof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. . Self -insured Retentions: Self -Insured retentions must be declared to and approved bythe City, The City may require The Library Corporation to purchase coveragewith a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the seEf-insured retention may be satisfied by either the named Insured or City. B. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Beat's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide claims -made coverage; The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (a) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive late prior to the contract effective date, The Library Corporation must purchase "extended reporting" coverage for a minimum of rive (6) years after completion of work. 8. Verification of Coverage: The Library Corporation shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolfcy endorsements to C€ty before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive The Library Corporation's obligation to provide them, The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors: The library Corporation shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and The Library Corporation shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.