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Item 5DMEMORANDUM TO: Shana Yelverton, City Manager FROM: Kerry McGeath, Library Administrator, (748-8384) SUBJECT: Authorize the Mayor to enter into a contract for Library Automation System with Polaris Library Systems. Action Requested: Authorization of the Polaris Library System to provide a new enhanced Library Automation System for the Southlake Public Library. Background The Library Automation system is used to check in and out books, all user Information: account information, as well as the cataloging of library materials. The current system has unacceptably high maintenance costs, and requires 3 servers that need to be replaced every 5 years at a cost of approximately $20,000 each time. The system also requires an inordinate amount of staff time for basic maintenance and upkeep. Without calculating staff maintenance and upkeep the new automation system will save the City at minimum $10,000 over 5 years. The true cost will be closer to $20,000 for a 5 year period. The new system is a significant upgrade in terms of flexibility and enhanced utility, and is an excellent platform as we move into the future. It will allow us to develop virtual library branches, and easier more comprehensive web access. The system is also meant to be much more completely integrated into the City of Southlake's network, since it is a Windows based system using a Sequel database, whereas the current automation system does not integrate as effectively. Financial The new Library Automation system will result in a savings of, at Considerations: minimum, $10,000 for the next 5 year period, with reduced hardware and maintenance costs. The cost for the new Library Automation system will be $51,369 and can be paid over a two year period with no interest charges, if desired. Citizen Input/ The Library Board considered this issue during the Budget review Board Review: process for the 2005/06 budget. The item was included in the Council approved 2005/06 Budget Legal Review: Legal review was completed, and contract was acceptable in its current form (see attached). Alternatives: Alternatives include the following: Tabling the Authorization of Polaris Library Systems Contract to provide a new and enhanced automation system for the Southlake Public Library. Denial of Authorization for Polaris Library Systems Contract to provide a new and enhanced automation system for the Southlake Public Library. Supporting Supporting Documents include the following items: Documents: Original Budget Recommendation for new Library Automation System. Polaris Library System Contract. Staff Recommendation: Authorization by the Mayor to enter into this contract with Polaris Library Systems to provide a new and enhanced automation system for the Southlake Public Library. Staff Contact: Rick Smith, Public Safety Director (8108) Kerry McGeath, Library Administrator (8384) Review of Necessary Technology purchases and alternatives Current servers for the Dynix Library automation system have reached end of life and can no longer by supported. The system utilizes 3 servers — all 3 of which will need to be replaced. Dynix also charges $2500 per server to re -load our current software when the servers are purchased. The cost for 3 servers and the software downloads will be $24,000. Server life per Dynix and its software is 4 years — so in another 4 years it will be necessary to assume this expense again. The Five year cost of maintaining the current Dynix system would be approximately $108,000 including maintenance costs in excess of $15,000 per year. The original cost for maintenance for the system was in excess of $ 26,000 per year, but and excellent negotiating effort by the Library and Tech Services staff were able to get $11,000 reduced. Costs that are not reflected would be staff time to keep the system working properly and workflow issues related to the inefficient and non -user friendly environment. We estimate 10-15 hours a week are required of staff time to keep the system running properly. That is not counting hours logged by Tech Services staff on server issues. Our estimate would be $7500 per year. Dynix Costs to maintain current system over 5 year period = $108,000 just for direct expenses paid to the vendor Issues: Cost (requires 3 servers and large maintenance contract) Workflow and labor efficiencies (not Windows based and not user friendly) Hours needed to administer properly (it takes a lot of effort to keep it running) Alternatives: We have priced a number of automation systems and the least expensive happens to be the one that fits our needs very well. I have worked in Libraries with each system that we priced, so I am familiar with the workflow issues. The Polaris system is the one that Library staff is the most interested in. Arlington Public Library and the Euless Public Library both utilize this system, and it came in considerably cheaper on the pro -forma bids we received. The five year cost of purchasing and maintaining the Polaris system would be 58,000 (can be paid over 3 years) to purchase the system (server included), and a guaranteed annual maintenance contract of 8,000 for 5 years would be $98,000 - $10,000 dollars cheaper then maintaining the current system. Issues: Cost (requires 1 server and small maintenance contract) Workflow and labor efficiencies (Windows based and user friendly) Hours needed to administer properly (minimal administrative issues) Southlake Public Library — Technology needs — Document: June 3, 2005 — page 1 of 2 Expenses needed for this year for Library Technology needs Server replacement — 3 servers + loading of Software = $24,000 Maintenance costs (Library budget) = $ 12,000 5 Year cost of using current system (direct costs) = $108,000 Alternative Purchase a new automation system = $ 58,000 that can be paid over 2 or three years $24,000 per year for 2 years as an example Maintenance Costs (Library budget) = $ 8,000 5 year cost with new system (direct costs) = $ 98,000 Southlake Public Library Attachment B Libary Technology Analysis Existing System Summaries Horizon (from Dynix) ■ Primary library automation system ■ Handles circulation of library materials ■ Controls public catalog on computers in the library and online ■ Provides ability to maintain library records in the catalog database ■ Tracks fines and produces overdue notification letters Pharos (from TracSystems) ■ Provides login and access control for public Internet computers ■ Controls print jobs originating from public Internet computers CheckPoint ■ Primary library security system ■ Provides self -checkout computer system ■ Uses RFID-based electronic security tags for collection ■ RFID tags are monitored by security gates ■ Door counter keeps track of foot traffic in the library Existing Automation System Horizon (by Dynix) ■ System purchased in 2002 ■ Issues: o Requires 3 servers o Workflow adversely affected by cumbersome and inefficient software o Requires significant time to work with bugs in the system (10-15 hours/week, on average) o Steep learning curve o Inconsistent results o Not Windows -based o Hard to customize o Maintenance costs $12,000 per year o Servers approaching end of life o Tech support from vendor is inadequate and slow o Periodic charge to reload software on new server o Software requirements put increase workload of Tech Services department Proposed Automation System Polaris (by GIST Infosystems) ■ Benefits: o Small footprint, I server o Workflow improved since the software is intuitive to use o Windows -based o Easy customization o Lower maintenance costs o No charge for installing software o Initial acquisition cost may be spread over 2-3 years (includes server, software, installation, and 1 year of maintenance) o $25,000 overall savings by the end of the first 5 years o Annual maintenance cost of $8,000 per year, first year free o No charge to reload software on new server Financial Analysis of Proposed Automation System Changes Topic Initial acquisition Server purchases Software installation Maintenance Horizon (Dynix) Year 1 Onaoina Year 5 0 0 0 $24, 000** $0 $24, 000** $7,500 $0 $7,500 $12,000 $12,000 per year $12,000 Polaris Year 1 Ongoing 19,333.33* $19,333.33 for each of Year 2 and Year 3 Yea $0 $0 8, OC $0 $0 0 $0 1 $8,000 per year I $8,OC Total $43,500 $36,000 (3 $43,500 $19,333.33 $62,666.67 years) (3 years) 5 year Total $123,000 $95,000 * Cost for initial acquisition of Polaris is $58,000, spread over 3 years - it includes the initial server, software and installation, and 1 year of maintenance ** 3 servers for Dynix/Horizon *** 1 server for Polaris 16.0 POLARIS Integrated Library System CONTRACT MARCH 31, 2006 City of Southlake, Southlake, TX Polaris Library Systems PO SOX 4903 • SYRACUSE, NY 13221-4903 1-800-272-3414 • FAX 1-315-457-5883 • http://www.polarislibrary.com THIS AGREEMENT, is made between GIS Information Systems., Inc. doing business as Polaris Library Systems (a qualified Subchapter S subsidiary of The Croydon Company, Inc.,) a corporation organized under the laws of the State of New York, with its principal place of business at 103 Commerce Boulevard, Liverpool, New York (herein after referred to as "PLS"), and the City named below (hereinafter referred to as "LIBRARY'). City of Southlake 1400 Main Street Southlake, TX 76092 817-748-8384 WITNESSETH: WHEREAS, PLS has developed a computerized system (hereinafter referred to as "POLARIS"@) consisting of hardware and software for library technical services, patron services, and public access to library databases, and is currently providing said system services to libraries, and the LIBRARY is desirous of having such services provided at its location; NOW, THEREFORE the parties mutually agree as follows: 1. Definitions 1.1. "Hardware" and "System Software" shall refer to those items so listed under Schedule C herein. 1.2. "Software" is defined as POLARIS computer programs, including, but not limited to, (a) the integrated library system software in the system server(s), and (b) the client software resident in the workstation(s). The Software is listed in Schedule D and includes all corrections, modifications and updates thereof. 1.3. "Software Materials" is defined as any machine readable or printed material, including but not limited to documentation stored on CD, On -Line Help files and hard -copy guides, which are designated by PLS as available under license to libraries who have licensed the program to which those materials relate. 1.4. "Services" is defined as all services provided by PLS, including but not limited to Data Migration, Installation and Training, as identified in the Schedules attached herein. 1.5. "Operational Date" is defined as the day on which PLS and the LIBRARY (following an installation schedule mutually agreed upon by both parties) mutually declare in writing operation of the Hardware and use of the Software as purchased under this Agreement to be available to the LIBRARY. 1.6. "System" is defined as the total complement of Hardware and Software as sold to the LIBRARY by PLS under this Agreement and which is installed at the LIBRARY location(s) noted herein. For the purposes of this Agreement, components supplied by any party other than PLS shall not be considered as part of the "System". 1.7. "Third -Party", when used in conjunction with hardware and/or software, shall mean any device, component or program not supplied by PLS under this or future Agreements, Addendums and Purchase Orders. 2. Furnishing of Deliverables Based on the statistics in Schedule A, which the LIBRARY agrees are reasonably correct as of the date of this Agreement, and subject to any special conditions appended in Schedule I, Additional Considerations, PLS will provide deliverables detailed in the following Schedules at the fees indicated in said Schedules: Schedule B: Database Services Schedule C: Hardware and System Software Schedule D: POLARIS Software Licenses Schedule E: Services Schedule F: Hardware Maintenance Schedule G: Software Maintenance and System Support Schedule H: Payment Schedule Schedule L• Additional Considerations Schedule J: Data Migration - Data Requirements 3. Installation Schedule 3.1. Following the signing of this Agreement, the LIBRARY and PLS will draw up an Implementation Plan which shall include, but not be limited to, identification of all required tasks, a timeline of all required tasks, an indication of which party is responsible for completion of each task, and expected duration of each task. Upon completion of installation and implementation, both parties shall mutually agree to an Operational Date pursuant to Article 1.5. herein. 3.2. If, following the execution of this Agreement and the signing of the Implementation Plan, the delivery and/or installation of the Software and/or Hardware is postponed until after the proposed Operational Date provided in the then current Implementation Plan due to extensions requested by the LIBRARY or the failure of the LIBRARY to perform its responsibilities under the terms of the Implementation Plan, then PLS, at its option, shall be entitled to invoice the LIBRARY for any balance due on delivery and/or installation, pursuant to Schedule H, Payment Schedules. 4. Term and Termination 4.1. This Agreement is effective upon final signature and for an initial term ending one year from the Operational Date. It shall then be renewed, with the mutual agreement of both parties, for one-year periods unless the LIBRARY notifies PLS of its intention not to renew at least ninety (90) days prior to the expiration of the original or any extended term. 4.2. If either party is in material breach of any of the terms and conditions of this Agreement, the aggrieved party shall give written notice thereof, including a reasonably detailed statement of the nature of such breach, to the breaching party. The breaching party will have thirty (30) days after notice is given to cure such breach, or, if the breach cannot reasonably be cured within thirty (30) days, the breaching party shall provide a written estimate of the time needed to cure such breach, shall commence to cure such breach within ten (10) days of notice from the aggrieved party and shall diligently continue to prosecute such cure to completion. If the breaching party fails to cure, commence to cure in timely manner, or diligently prosecute such cure to completion, the aggrieved party, at its option, shall be entitled to terminate this Agreement or suspend its performance under the Agreement for as long as the breach remains uncorrected, and avail itself of any and all remedies available under this Agreement, at law or in equity. 4.3. In the event either party becomes insolvent or voluntarily or involuntarily bankrupt or a receiver, assignee or other liquidating officer is appointed for all or substantially all of the business of either party, or if either party makes an assignment for the benefit of creditors, then the other party, at its option may immediately terminate this Agreement by notice to the offending party 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 either party under any bankruptcy, insolvency or reorganization proceedings. 4.4. Subject to the conditions of Article 4.2, if this Agreement is suspended or terminated by the LIBRARY, whether for cause or convenience, then, effective upon the date of suspension or termination, the LIBRARY shall be relieved of further payment obligations, and shall be liable for payment only for those goods and Services satisfactorily received prior to the date of suspension or termination. If the Agreement is terminated, any pre- paid maintenance fees shall be refunded to the LIBRARY to the date of termination on a pro -rated basis. If the Agreement is mutually reinstated, then the LIBRARY shall reassume its payment obligations. 5. Return or Destruction of Licensed Software If this Agreement is terminated, whether for cause or convenience, and the right to continued use of the Software and Software Materials under the conditions set forth herein is withdrawn, then all Software and Software Materials must be returned to PLS, or if so requested in writing by PLS, destroyed. Within one (1) month after the date of discontinuance of any license granted hereunder, the LIBRARY will furnish to PLS if requested, a certification that through the LIBRARY's best efforts and to the best of the LIBRARY's knowledge, the original and all copies of the Software and Software Materials received from PLS or made in connection with such license have been returned or destroyed. This requirement will apply to all copies in any form, including translations, whether partial or complete, and whether or not modified or merged into other Software Materials as authorized herein. 6. Payment 6.1. Fees enumerated in Schedules B through G are summarized in Schedule H herein. 6.2. Payment for all deliverables shall be made in accordance with the terms set forth in Schedule H herein. 6.3. Payment in full on all invoices is due according to the terms of this contract or within 30 days of the invoice date, whichever date is later. Within twenty (20) days of receipt of the invoice, the LIBRARY may serve PLS with written notice disputing any charge. If the dispute is not resolved within twenty-five (25) days of receipt of said written notice, then either party may file for arbitration. 6.4. In the event that payment is not made in full according to the specified terms, a service charge will be added to the undisputed balance after deducting all payments and credits. For any payment considered past due and undisputed by the LIBRARY, the LIBRARY agrees to pay interest at 1 % per month (effective annual rate of 12%) on the unpaid balance or the highest rate permitted by law, whichever is less. 6.5. If failure to pay according to the terms of this Agreement causes this account to be assigned for collection, or causes legal action to be taken, the LIBRARY agrees to pay all costs of collection incurred by PLS, including court costs and reasonable attorney fees, if the LIBRARY is found to be at fault. 6.6. In the event the Operational Date is other than the first day of the month, maintenance and subscription service fees will be pro -rated accordingly. - Subscription service fees are subject to change annually, such change commencing one (1) year from the Operational Date and effective upon one hundred and twenty (120) days written notice to the LIBRARY. -Maintenance fees are subject to change annually, such change commencing two (2) years from the Operational Date and effective upon one hundred and twenty (120) days written notice to the LIBRARY. If the charge for any service provided under this Agreement is increased by PLS, the LIBRARY may, with ninety (90) days prior written notice, terminate this agreement upon the effective date of such increase. Otherwise the new charges will become effective upon the date specified in the notice. LicencPc 7.1 PLS and the LIBRARY agree that the following terms and conditions will apply to any LIBRARY order for PLS licensed Software programs and Software Materials that is accepted by PLS. PLS will (1) furnish such licensed Software and Software Materials to the LIBRARY; (2) grant to the LIBRARY a non -transferable, non-exclusive, and non-sublicenseable license to use the Software and Software Materials; (3) provide Software Service and maintenance, as described herein. 7.2. Each license granted under this Agreement authorizes use of the licensed Software and Software Materials by the LIBRARY(s) specified herein. The LIBRARY may not rent or lease the Software to any other entity, or use the Software as part of a commercial time- sharing, subscription bureau or service bureau operation. 7.3. All licensed Software, including any subsequent updates purchased and any part thereof, may only be used on the system server(s) or Hardware configuration purchased from, or authorized by, PLS, and in such quantities as may be determined under Schedule D herein. POLARIS server Software may be run on one Production server and on one or more Training servers. The Client Software is for the use of the LIBRARY with no implied rights to distribute beyond reasonable use for LIBRARY functions. Following PLS' written authorization, all licensed Software may be copied, in whole or in part, only for use on the system server(s) or specified Hardware configuration. 7.4. No title to or ownership of the Software or Software Materials is transferred to the LIBRARY, and they remain the proprietary property of PLS. 7.5. The LIBRARY shall not allow the Software, the Software Materials or any portion thereof to be reverse compiled, disassembled, or in any way altered. The LIBRARY shall not modify any licensed Software in machine-readable form nor merge such Software with other Software programs. 7.6. The LIBRARY must notify PLS of the LIBRARY's intention to change the designation of the location at which licensed Software is to be used. The change of designation will be effective upon the date set forth in the notice confirming the change in designated location furnished to the LIBRARY by PLS. 7.7. PLS may terminate all proprietary licenses granted hereunder and require return of the Software and Software Materials upon written notice to the LIBRARY if the LIBRARY fails to comply with these terms and conditions. 8. The LIBRARY's Responsibilities 8.1. The LIBRARY will pay shipping charges for all Hardware. 8.2. The LIBRARY acknowledges the network and workstation requirements set forth under Section 2, Schedule I herein, and will assume responsibility for purchasing, installing, configuring and maintaining all other hardware components necessary, including but not limited to: Test/Training Server (refer to specifications under Schedule I), monitor for the Production server, UPS for the Production server, network components, PC Workstations, Scanners, Printers, and cables, except where such components are sold by PLS as a part of this Agreement. The LIBRARY will also assume responsibility for determining, in consultation with PLS, the viability of existing hardware components in conjunction with the System. 8.3. The LIBRARY will provide a staff member as system administrator. If appropriate, based on the size and complexity of the system, a second staff member should be designated as PC/network administrator. Experience with Windows 2000/2003 and SQL is an advantage but not a requirement. The following are areas in which the staff member (s) will be expected to be knowledgeable following implementation and training: - Installation, booting and basic troubleshooting of Windows 2000/2003 - Fault tolerance and backup/recovery - Security, user/group management - Server management, licensing, registry management, remote access - Network configuration/management in a TCP/IP environment (WINS,DNS,DHCP) - Server -based tools for Win9x and NTWS - Network Client Administration The LIBRARY shall designate no more than these two (2) key personnel for special training in the use of the System. Should either assignment change, the LIBRARY shall promptly inform PLS. Training will be scheduled as mutually agreed by both parties. The key personnel shall be PLS' single point of contact with the LIBRARY following execution of this Agreement. 8.4. The LIBRARY will accept responsibility for all server operations, including, but not limited to, regularly scheduled backups, server configuration updates, system software upgrades subject to PLS' agreement, installation and maintenance of current service packs and security patches, and Software updates pursuant to Article 8.6. Failure by the LIBRARY to administer server operations may result in written notice from PLS to limit, or withhold, its maintenance Services if, following a thirty (30) day cure period, the LIBRARY, in PLS' reasonable opinion, is unable to provide a satisfactory performance level for server operations. Written notice shall identify all alleged deficiencies in server operations. PLS shall resume its maintenance service when, in PLS' reasonable opinion, server operations are resumed to a satisfactory performance level. PLS' approval will not unreasonably be withheld. 8.5. The LIBRARY will provide PLS with reliable and immediate remote access to the POLARIS System and, as required, to any Third -Party components, e.g. servers, workstations, network devices, that directly or indirectly affect the performance of the POLARIS System. This access must be sufficient, in PLS' sole opinion, to satisfy the implementation and on -going performance requirements and warranties set forth under this Agreement. Access should be provided via the Internet through Port 3389 on the Library's firewall. Failure by the LIBRARY to provide minimal access via the Internet may result in unresolved performance issues and may void PLS' obligations with respect to on -going performance requirements and warranties. The LIBRARY's failure in this regard should not be considered just cause for delaying the setting of an Operational Date, as specified in article 1.5 herein. 8.6. The LIBRARY will accept responsibility for the installation, performance and maintenance of all Third -Party hardware/software components on the POLARIS System that are not supplied by PLS under this Agreement. 8.7. The LIBRARY will accept responsibility for the export of all data files it wishes to migrate to POLARIS. These files will be provided to PLS either in MARC format or in ASCII text files with fixed field lengths or field delimitation. Data will be provided to PLS through ftp (file transfer protocol) or through a mutually agreed upon tape and tape backup format. The LIBRARY is responsible for arrangements that may need to be made with the previous automation vendor for the data extraction and any documentation that defines the content of the fields in the exported files. The LIBRARY assumes responsibility for any fees that may be incurred from services provided by the previous automation vendor for the data export and transfer to PLS if such services are necessary. The LIBRARY assumes the responsibility of conducting communication between PLS and other vendors, as necessary, to assure that all conditions for proper file export and transfer are met. 8.8. The LIBRARY will accept responsibility for the data concerning the LIBRARY's system profile and system parameters that it has provided to PLS based on guidelines for the profile and parameters set by PLS. PLS agrees to provide prompt written notice of any material discrepancy of which it becomes aware between data provided by the LIBRARY and data required for effective functioning of the Software. 9. Site Preparation It is understood and agreed that the aforesaid fees do not include any site preparation or installation costs except as described in Schedule E, Services. The LIBRARY shall, at its own expense, prepare the site to house the Hardware in accordance with the installation specifications presented in PLS' Proposal or supplied to the LIBRARY immediately following contract signing. Pursuant to those specifications, the LIBRARY shall provide suitable electric service for operation of the Hardware and a reliable connection to the network via the Internet. The LIBRARY is also solely responsible for preparing an environment free of any and all impediments, including, but not limited to, asbestos, hazardous materials, and/or hazardous conditions, that may interfere with PLS' ability to perform a successful and timely installation of the System components. Site preparation shall be completed by the LIBRARY within forty-five (45) days of contract signing. 10. Privacy of Data PLS agrees not to use patron details such as names, addresses, etc., for any purpose other than providing requested service to the LIBRARY and agrees not to transmit LIBRARY data to any third party, except as requested by the LIBRARY. 11. Protection and Security 11.1. The LIBRARY will take appropriate action, by instruction, Agreement or otherwise, with any persons permitted access to licensed Software so as to enable the LIBRARY to satisfy its obligations under Article 7 herein. 11.2. All licensed Software Materials contain PLS proprietary information, use of which is limited by the licenses granted in this Agreement. The LIBRARY will not disclose or otherwise make available, except as required by law, any licensed 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. 12. Warran 12.1. PLS warrants that PLS has the right to license the Software listed in Schedule D, POLARIS Software Licenses hereunder. PLS further warrants that the Software will perform substantially in accordance with PLS' Response to the LIBRARY's Request for Proposal and with the Software Materials in effect when shipped to the LIBRARY. PLS agrees to make reasonable efforts to correct all reproducible material errors in the Software and discrepancies between the Software Materials and the actual Software performance, contingent upon the LIBRARY advising PLS of such errors within one (1) year from delivery. PLS disclaims any responsibility for the use or function of the Software beyond the parameters set forth in the Software Materials. Pursuant to, but not limited by, Paragraph 12.3 herein, PLS does not warrant that the operation of the licensed program will be uninterrupted or error -free or that all program defects will be corrected. 12.2. PLS warrants that the LIBRARY shall acquire good and clear title to the Hardware purchased hereunder, free and clear of all liens, claims, or encumbrances from a third party. Title to the Hardware shall pass from PLS to the LIBRARY upon shipment of the Hardware to the LIBRARY. PLS shall maintain a security interest in the Hardware that will be discharged when 100% of all payments against the Hardware are made. Hardware purchased under this Agreement will be newly manufactured, unless otherwise agreed to in writing by both parties. 12.3. Pursuant to Article 8.6 herein, PLS disclaims any responsibility for correcting any adverse effects on either the performance or operation of the POLARIS System, or on the individual components of said System, as a result of the LIBRARY's use of (a) Third -Party hardware or software, and/or (b) databases and networks external to the POLARIS System, in conjunction with the POLARIS System except where such Third -Party hardware or software has been prior approved by PLS or has been provided by a PLS business partner. PLS may provide consultation Services or diagnostic support relating to the LIBRARY's use of such Third -Party hardware and software, external databases and networks, and shall reserve the right to charge, at the rate of $200 per hour with a minimum $400 charge. Assistance by PLS staff in the re -building of server due to virus or "hacker" intrusion will be billed at $500 per server. 13. Software Maintenance and System Support 13.1. Telephone support and general release updates for the Software will be provided as part of the annual Software Maintenance fee. Service coverage and limitations are set forth under Schedule G herein. 13.2. Software updates will be made available periodically. PLS shall have full discretion as to the timing and content of Software updates during the term of this Agreement. Failure to release Software updates during any specific term does not constitute default on the part of PLS because of the continuation of the right to use telephone support and other support -related Services. Given the complexity of the library automation environment, including such factors as evolving standards, developmental tools, and market demands, PLS reserves the right to modify its development plan for future releases for the best interests of its current customers, its organization (from a support perspective) and future marketability. 13.3. PLS and the LIBRARY will accept mutual responsibility for implementing Software updates. All mandatory Software updates must be installed within one (1) year of their release to insure proper program performance and continued support. In conjunction with Article 8.4 herein, failure by the LIBRARY to install Software updates within the agreed time frame may result in the termination of program service and maintenance, or in the increase of program service and maintenance fees where appropriate. 13.4. Each type of program service and maintenance specified will be available unless discontinued by PLS upon one hundred and eighty (180) days written notice. 13.5. PLS reserves the right to charge at $200 per hour with a minimum $400 charge for any additional effort that results from providing Services for a licensed program altered by the LIBRARY. 14. Patent and Copyright 14.1. PLS will defend the LIBRARY against any claim that licensed Software and/or Software Materials furnished and used within the scope of the license granted herein infringe a U.S. patent or copyright and PLS will pay resulting costs, damages and attorney fees finally awarded, provided that: (a) the LIBRARY promptly notifies PLS in writing of the claim, and (b) PLS has sole control of the defense and all related settlement negotiations. 14.2. If such claim has occurred, or in PLS' opinion is likely to occur, the LIBRARY agrees to permit PLS at its option at no additional expense to the LIBRARY either to procure for the LIBRARY the right to continue using the licensed Software and/or Software Materials, or to replace or modify the same so that they become non - infringing. If neither of the foregoing alternatives is reasonably available, the LIBRARY agrees on one (1) month's written notice from PLS to return or destroy all copies of the licensed Software and/or Software Materials received from PLS and all copies thereof, and to receive a refund for any monies paid for said licensed Software and/or Software Materials, exclusive of any periodic maintenance fees. 14.3. PLS shall have no obligation to defend the LIBRARY or to pay costs, damages, or attorney's fees for any patent or copyright infringement claim based upon the LIBRARY's use of licensed Software that has been altered by the LIBRARY in a manner material to the claim, without PLS' express permission and in direct breach of Article 7.5. herein. 14.4. The foregoing states the entire obligation of PLS with respect to infringement of patents or copyrights. 15. Limitation of Remedies 15.1. For any claim concerning performance or non-performance by PLS pursuant to or in anyway related to the subject matter of this Agreement and any supplement hereto, the LIBRARY shall be entitled to recover actual damages to the limits set forth in this section. No action, regardless of form, arising out of this Agreement, may be brought by either party more than two (2) years after the cause of action has arisen. 15.2. PLS' maximum aggregate liability, whether for breach of contract, breach of warranty or in tort, including negligence, will be limited to a maximum of all monies paid for the Software, exclusive of any maintenance fees. 15.3. This limitation of liability will not apply to Articles 14 and 25 herein, or to claims for personal injury to the extent caused solely by PLS' negligence. 15.4. IN NO EVENT WILL PLS BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE, OPERATION, OR MODIFICATION OF THE SYSTEM BY THE LIBRARY, OR FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, EVEN IF PLS HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. 16. Waiver of rights The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 17. Severability If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statue or rule of law, it is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any way. 18. 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. 19. 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 Texas. The applicable law for any legal disputes arising out of this Agreement shall be the law of the State of Texas. Any action or suit commenced in connection with this Agreement shall be in Tarrant County, Texas. The prevailing party shall be entitled to reasonable attorney fees and costs as awarded by the court including any action at the appellate level. 20. Saving Clause Typographical errors are subject to correction. 21. Assignments Both parties agree that no sublicensing, or assignment of their rights or interest, nor delegation of their duties under this Agreement shall be made or become effective without the prior written consent of the other party. Any attempted sublicensing, assignment or delegation without prior written consent shall be wholly void and ineffective for all purposes. 22. Taxes not included The charges shown on this Agreement do not reflect applicable state and local taxes that may be added to the amounts shown at the time of invoicing. 23. Whole Agreement This Agreement, including the LIBRARY's Request for Proposal 009-06/DR dated February 2006, PLS' Response to said Proposal dated March 2006, appendices and referenced attachments, constitutes 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. Neither party shall be bound by any warranty, statement, or representation not contained herein. The signatories acknowledge reading and agree to comply with all terms and conditions. In the event of an inconsistency in the provisions of this Agreement or a dispute as to a subject not specifically addressed by this Agreement, the following documents shall be consulted to resolve the dispute in the following order of precedence:- 1. This Agreement; 2. The LIBRARY's Request for Proposal 009-06/DR, dated February 2006; 3. PLS' Response, dated March 2006, to the LIBRARY's Request for Proposal 009-06/DR; In the event of conflict between the terms of the documents, the terms of the document with higher precedence will govern as to the conflict. 24. Force Majeure Any delay or nonperformance of any provision of this Agreement caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Agreement, provided that the delayed party has taken reasonable measures to notify the other of the delay in writing. The delayed party's time for performance shall be deemed to be extended for a period mutually agreeable to both parties. Conditions beyond a party's reasonable control include, but are not limited to, natural disasters, acts of government after the date of the Agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war and epidemics. Failure of subcontractors and inability to obtain materials shall not be considered a condition beyond a party's reasonable control. This provision does not relieve the LIBRARY of its obligation to make payments then owing. 25. Indemnification PLS agrees to indemnify, hold harmless and defend the LIBRARY and its agents, officials and employees from any liability, claim or injury, related to or caused by fault or negligence of PLS employees or subcontractors. 26. Amendments Amendments and modifications to all, or any part, of the Agreement and to the appendices and referenced attachments, may be made, and shall be binding, only if in writing and signed by duly authorized representatives of both parties. 27. Funding LIBRARY represents that funding has been appropriated sufficient to purchase the deliverables set forth in the Schedules attached to this Agreement. IN WITNESS WHEREOF the parties have duly executed and delivered this Agreement, which shall inure to the benefit of and be binding upon the successors of the respective parties, as of the last date indicated below. ACCEPTED FOR THE LIBRARY ACCEPTED FOR POLARIS LIBRARY SYSTEMS. By: By: Title: Title: President, Polaris Library Systems. Date: APPROVED AS TO FORM FOR POLARIS LIBRARY SYSTEMS an Title: Manager, Proposals and Contracts Date: 1. 2. 3. 4. 5. 6. 7 Schedule A Library Statistics Estimated Number of Patrons 13,000 Estimated Number of Items 50,000 Estimated Number of Titles 46,000 Estimated Number of Authority Records N/A Items Issued Annually 190,000 Number of Concurrent Workstations/Devices 21 (total of categories below) #1 6.1 Staff Client Licenses: x 14 6.2 Dedicated PAC workstations: x 6 (Unlimited licenses) 6.3 Client Access Licenses - Self -Check x 1 Name and address for central server location: Southlake Public Library 1400 Main Street Southlake, TX 76092 Other Locations: N/A Schedule B Database Services Data Migration Number of MARC Records (estimated): 46,000 Number of Item Records (estimated): 50,000 Source: Dynix Horizon Total Cost Bibliographic and Authority Record Migration /Load - 46,000 records $1,500 Item Record Migration/Load - 50,000 records $1,500 Patron Record Migration/Load - 13,000 records $1,000 Circulation Transaction Migration/Load (includes reserves and patron account information) $3,000 Dynix Data Extraction $3,500 Total - Database Services $10,500 Schedule C Hardware and System Software Unit Expanded Qty Description Price Price Production/Domain Controller Server Hardware 1 Dell PowerEdge 2800 $5,567 $5,567 Dual Core Intel Xeon 2.8 GHz CPUs (2x2MB cache) 2GB memory Split Backplane Rackmount, Dell Rapid Rails Redundant power supply No Monitor, No Keyboard, No Mouse DVD-ROM drive Floppy drive RAID controller Duel Ethernet NIC DAT72 tape backup (internal) (2) 36GB 15,000 rpm SCSI hot swap disks (System -RAID 1) (3) 36GB 15,000 rpm SCSI hot swap disks (Data -RAID 5) 4 Hour Same Day On -Site Response 24 x 7 Sub -Total - Production/DC Server $5,567 Note: Warranty period is measured from the delivery date of the component Backup Media 20 Backup Tapes $21 $420 Software 1 Microsoft Windows 2003 Server License (P73-01871) $160 $160 1 Microsoft Windows 2003 Server Media w/SP1 (P73-01313) $26 $26 1 Microsoft SQL 2005 Server per -processor License (228-03198) $2,563 $2,563 1 Microsoft SQL Server 2000 - Media (228-01265) $26 $26 1 Microsoft SQL Server 2005 - Media (228-05236) $26 $26 14 Microsoft Windows 2003 Client Access License (R18-00210) $7 $98 1 Visual Studio.Net Pro 2005 for SQL Reporting (C5E-00130) $204 $204 1 Visual Studio .Net Pro 2005 Media (C5E-00076) $26 $26 1 Visual Studio.Net Pro 2003 Media (659-01453) $26 $26 1 S mantes Backup Exec 10d for Windows Servers $483 $483 1 Symantec Backup Exec Agent for Microsoft SQL Server $600 $600 1 WS_FTP Professional 2006 $65 $65 Sub -Total - Production/DC Server Software $4,303 Shipping Charges $150 Total - Hardware, System Software and Shipping $10,440 Schedule D POLARIS Software Licenses Pursuant to Paragraph 12.1 herein and subject to the terms and conditions of this Agreement, PLS will grant non- transferable and non-exclusive licenses for the following Software for use by the LIBRARY. Tntal (-'nct 1. POLARIS server Software $15,000 Includes: Polaris ILS Database, Z39.50 Server, SMTP for email notification, Remote Patron Authentication, System Administration, System Reports. 2. Client Software $10,500* Includes: Find Tool, Cataloging, Circulation, Z39.50 Client, PowerPAC. Total Staff Licenses: - 14 Unlimited PowerPAC/Internet access licenses N/C 3. Self -Check Interface Client License x 1 $500 4. POLARIS Software Materials - N/C Complete set of POLARIS documentation on CD + one set of User Guides Total - POLARIS Software Licenses $26,000 * Additional Staff Client Licenses may be purchased at $750 each (one-time fee) and $112 annual maintenance. Schedule E Services 1. Imulementation Services Overview PLS shall provide implementation services involving project consultation and training. These services shall include, but are not limited to: • Assigning an Implementation Manager whose role will be to work in conjunction with the library during the implementation phase of the contract. • Providing trainers to instruct the library on the operation of the POLARIS application/system administration consistent with the provisions set forth below. Purpose of the Implementation Site Visit Your Implementation Manager will schedule a two-day site visit to discuss: • Policy file creation • Data migration issues • Project planning The Implementation Site Visit requires the participation of the library's System Administrator as well as representatives from each of the library's administrative units involved or affected by the implementation of POLARIS. Training Philosophy and Fees Train -the -Trainer Approach: Polaris's approach to training is to thoroughly train a core group (numbers indicated below) at the customer site. This core group will receive in-depth training on the various subsystems. This core group will, in turn, train the remainder of the Library staff. System Administration training is offered as a three-day session at Polaris Library Systems' headquarters in Syracuse, NY. Prerequisites: Prior training on Windows 98, Windows XP Professional and/or Windows NT/2000 is required for all trainees. Up to ten (10) trainees allowed at each training session. Training materials will be provided for each session. Additional training days can be contracted for at a cost of $1,500 per trainer per day, an amount which includes all expenses. Training should take place in a room away from public areas and have the capacity to hold the number of trainees (up to 10) and the PLS trainer. It is strongly recommended that each trainee have the use of a library workstation with the POLARIS Staff client software installed. Implementation Manager site visit and on -site training will be charged in whole days at $1,500 a day for each PLS staff member, an amount which includes all expenses. Schedule E Services - continued Project Consultation: 2 Days On -Site Project Implementation Visit $3,000 • Policy File Creation, Data Migration, Project Planning POLARIS Annlication Training/Consultation: 4 Days on -site training covering the following subsystems $6,000 (To occur after system installation and initial database load) Up to ten (10) trainees allowed per session. • PAC • Patron Services • Cataloging POLARIS Svstem Administration: 3 Days Syracuse -based training covering the following: $3,000 • POLARIS System Administration Interface (Prerequisite: Windows 2000 Operations) • POLARIS Database Structure and Reports • Database Maintenance, User Management, Client Installation • Basic SQL and Report Authoring Site may send up to 2 staff for this training at $500 per day per person All library staff travel expenses are the responsibility of the library. Sub -Total: Implementation Services $12,000 (includes all PLS personnel expenses) Optional Service additional days follow-up training/consultation: to address workflow efficiencies, new functionality, outstanding questions @1,500 per day, an amount which includes all expenses. Schedule E Services - continued 2. Installation. 2.1 The installation fee for server Hardware and Software covers the integration, configuration, and installation of all server Software, the staging of all server Hardware, and the on -site integration of the server Hardware. Said services will be performed initially at PLS' offices and subsequently on -site by PLS technicians, who will perform such services at the rates set forth below. Any additional days that are required on -site as a result of the failure of non-PLS equipment will be charged at $1,500 a day including expenses. The LIBRARY will be responsible for the physical installation of the servers. Server and server Software - Installation and On -site Integration: - Production server $750 - Test/Training Server $750 On -site integration of servers (includes travel expenses) $3,500 Sub -Total: Installation POLARIS servers and server Software $5,000 For servers purchased or provided by the Library, the installation fees are as follows: - Production server $1,500 Other servers $750 each (e.g. Training server, PAC server, Phone Notification server) Schedule E Services - continued 3. Subscription Service. PLS is a reseller for Syndetic Solutions, which offers enriched content for display in the PAC, including tables of contents, first chapters, full color cover images, reviews, etc. Pricing for Syndetic Solutions is an annual subscription, based on annual circulation statistics. Price increases may occur on an annual basis, at the time of subscription renewal. The LIBRARY's reported annual circulation is 190,000. Based on this figure, the first -year annual subscription would be set as follows (the Library may de -select elements as required): Component Annual Cost Table of Contents $76 Fiction Profile $66 Fiction Search $66 Series Information $84 Summaries $57 Cover Images $101 First Chapters/Excerpts $57 Author Notes $19 PW Review $84 LJ Review $84 SLJ Review $84 Booklist Review $84 Horn Book Review $84 Awards $84 Total Annual Subscription Fee $1,030 Note: Annual Subscription Fee will become due on the Operational Date of the system. Schedule F Hardware Maintenance PLS agrees to provide and the LIBRARY agrees to accept service at the installation location(s) in Schedule A for the items of Hardware shown below or on attached addenda. Telephone diagnostic service is available during the following hours: 8:30am - 8:00pm, Monday through Friday. All hours are Eastern Time. Line Hardware Annual Type No. Oty Description Payment Maint 1.1 1 Dell PowerEdge 2800 $0.00 DOS/SD/36 Dual Core Intel Xeon 2.8 GHz CPUs (2x2MB cache) 2GB memory Split Backplane Rackmount, Dell Rapid Rails Redundant power supply No Monitor, No Keyboard, No Mouse DVD-ROM drive Floppy drive RAID controller Duel Ethernet NIC DAT72 tape backup (internal) (2) 36GB 15,000 rpm SCSI hot swap disks (System -RAID 1) (3) 36GB 15,000 rpm SCSI hot swap disks (Data -RAID 5) Type of Maintenance: DOS/SD/36 = Dell onsite service with three (3) year service warranty commencing on the Delivery Date. Same Business Day Response 24 x 7 Dell Maintenance Service Conditions: - the service technician must receive full access to the unit(s) under coverage and (at no cost to Dell) have working space, electricity, and a local telephone line. If these requirements are lacking, Dell is not obligated to provide onsite service. - if the LIBRARY'S authorized representative is not at the location when the service technician arrives, the service technician cannot service the unit(s) under coverage. The service technician will leave a card indicating that he or she was there. If this occurs, the LIBRARY may be charged for a follow-up service call. - if Dell determines that the defective unit is one that is easily disconnected and reconnected, or if it is determined that the unit should be replaced as a whole unit, Dell reserves the right to send you a whole replacement unit. If a service technician delivers the replacement unit to the LIBRARY in person, the LIBRARY must relinquish the defective unit to the service technician. If the LIBRARY does not relinquish the defective unit to the service technician as requested above, or if (in the event the defective unit was not delivered in person by a service technician) the defective unit is not returned within ten (10) days, the LIBRARY agrees to pay Dell for the replacement unit upon receipt of invoice. Failure to honor the invoice within ten (10) days after receipt will cause the cancellation of the service agreement and may result in other legal steps. - all parts removed from the unit(s) under coverage become the property of Dell. The LIBRARY will be obligated to pay at the current retail price(s) for any service parts removed from the unit(s) under coverage and retained by the LIBRARY. - the services Dell agrees to provide are repair services which are necessary because of any defect which exists or occurs in materials or workmanship in the units under maintenance. Preventive maintenance is not included. Installation, deinstallation, or relocation services and operating supplies are not included. Repairs necessitated by software problems, or as a result of alteration, adjustment, or repair by anyone other than Dell (or its representatives) are not included. Dell is not obligated to repair any unit under coverage which has been damaged as a result of (1) accident, misuse, or abuse of the unit (including, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions) by anyone other than Dell (or its representatives), (2) an act of God including, but not limited to, lightning, flooding, tornado, earthquake, and hurricanes, or (3) the moving of the unit under coverage from one geographic location to another or from one entity to another. Schedule G Software Maintenance and System Support Telephone diagnostic service: is available during the following hours: 8:30am - 8:00pm, Eastern Standard Time, Monday through Friday, excluding standard PLS holidays. From 8:30-5:00pm Eastern Standard Time customers will be able to call Customer Support and reach their Site Manager or Technical Support Specialist. From 5:00pm-8:00pm Eastern Standard Time customers will reach the Site Manager or Technical Support Specialist working at PLS headquarters that night. At 8:00pm the phones will be transferred to the answering service. Emergency referrals from PLS' Operations Center to on -call personnel will be available 24 hours per day, 7 days per week. Emergency assistance is limited to work in correcting problems which impact critical functionality of the System. Software service calls that cannot be solved immediately will be referred to specialists within the Operations Center. Services performed by PLS beyond the scope of those services listed in 2.1, 2.2. and 2.3. below, or beyond the limitations listed in 3.1., 3.2. and 3.3. below, will be billable at the rate of $200 an hour with a minimum $400 charge. 2. Software maintenance covers. 2.1. trouble -shooting of any POLARIS Software related problem; 2.2. provision of updates to the latest version of the POLARIS Software; 2.3. support for SQL Reports interface with POLARIS Software; 3. Service limitations: 3.1. no on -site Software support service is included under this Agreement. Any on -site service requested by the LIBRARY will be provided at PLS' per -call rates and terms then in effect. 3.2. service will not be provided as a result of: - fault or negligence on the part of the LIBRARY; - failure of Third -Party hardware/software; - operator error that deviates from standard operating procedures as described in the Software Materials; - data loss and/or corruption as a result of any Hardware failure 3.3. Software support service does not include: - server operating systems; - server backup software; - client operating systems; - Third -Party PC software; - network/communications software; - web server/browser software (except where supplied by PLS); - PC trouble -shooting; - virus protection, detection or removal; or repair of damage incurred through the infection of a virus; 4. Software Maintenance Fees. 4.1 POLARIS server Software 4.2 POLARIS client Software 4.3 SQL Reports interface to POLARIS 4.4 Self -Check Interface Annual $4,500 $2,025 $60 $75 Total: Annual Software Maintenance and System Support Fee commencing one (1) year from the Operational Date $6,660 Schedule H Payment Schedule Costs Purchase Price Database Services (Schedule B) $10,500 Hardware and System Software (Schedule C) $10,440 POLARIS Software Licenses (Schedule D) $26,000 Services (Schedule E) $17,000 Sub -Total: System Cost $63,940 Less Discount ($12,571) Total: System Cost $51,369 1. Payment Schedule 1.1 Due on Contract Signing $22,000 1.2 Due no later than October 31, 2006 $29,369 2. Annual Payments to Commence on the Operational Date 2.1. Subscription Service for Enhanced Data Content for PAC (Schedule E) $1,030 3. Annual Payments to Continence One (1) Year from the Operational Date 3.1. Software Maintenance and System Support (Schedule G) $6,660 Schedule I Additional Considerations Returned Goods Authorization. 1.1 Goods mistakenly configured or shipped by PLS will be picked up at PLS' expense and a full credit will be applied to the customer's account. In order to assure the timely handling of your return, a Returned Materials Authorization number must accompany all returns. 1.2 Goods mistakenly ordered by the LIBRARY may be returned within 30 days of sale. If the return is in its original packaging and fit for resale as new, the LIBRARY's account will be credited for the selling price less a 20% restocking fee and less any shipping and handling charges. The LIBRARY must obtain a Returned Materials Authorization number and ship the return at their own expense, including insurance for the replacement value of the return. If the return is lost in shipment, the LIBRARY remains liable to PLS for the full purchase price as invoiced and must collect from the carrier or insurer. If the return is shipped to PLS without a Returned Goods Authorization, an additional tracing fee may be deducted from the value of the return. If the return is in a condition that prevents its resale as new, the LIBRARY will receive credit only for the value as determined by PLS for use as maintenance spares or for sale as used equipment. Software licenses, barcode labels and all custom goods are not returnable. 2. Network and Workstation Requirements The POLARIS system is based on TCP/IP protocols over an Ethernet network, and uses industry standard techniques and technology for networking. POLARIS network topologies and protocols include powerful Ethernet 1013aseT and 10013aseT local area networks, high-speed fiber links, and wide -area digital communications, running a variety of protocols, including TCP/IP. PLS supports Ethernet LANs using TCP/IP. All existing network hardware components must be TCP/IP compatible and manageable. POLARIS is a PC -based system requiring, at a minimum, Staff workstations running under Windows 2000/XP Professional and PAC workstations running under Windows 98/2000/XP. Existing dumb terminals cannot be re -deployed. MACs with Ethernet cards and Internet Explorer capability may also be used as PAC workstations. The required wiring is Category 5 (802.3 Ethernet compliant), capable of handling bandwidth from 10Mbps to 100Mbps. Analog equipment is not compatible with the network. As an additional service, the LIBRARY may contract with PLS for detailed network plans, including design criteria, hardware, and pricing at the then current rates. 3. Ownership of Data PLS acknowledges the LIBRARY's ownership of the various databases installed upon the System. Upon termination of this Agreement by either party, or upon conclusion of the Agreement term, PLS agrees to assist the LIBRARY in extracting all LIBRARY -owned data from the System. Such assistance shall include personnel time and PLS' best efforts, provision of documentation regarding the format and contents of the extracted data, verification that extracted data is complete and in a form suitable for use by the LIBRARY, and other assistance necessary for the extraction of data. Such assistance shall be provided by PLS at no charge to the LIBRARY if termination of this Agreement by the LIBRARY comes as a direct result of a breach, by PLS, of any of the terms and conditions set forth herein; in all other circumstances concerning termination, PLS shall be entitled to charge the LIBRARY at its then current rates for data extraction services, including any actual expenses for travel to LIBRARY. The data shall include all contents of all files created, maintained, and owned by the LIBRARY, including all bibliographic data, holdings data, patron data, in -process transaction data associated with circulation control, cataloging, acquisitions, serials control, and any other activity or subsystem in use by the LIBRARY. Wherever standards such as MARC exist for the format of that data, PLS will furnish such data in the standard format. Appropriate documentation shall be provided. These Services will not be delayed or withheld by PLS in the event of any legal proceeding initiated by either party. Schedule I Additional Considerations - continued 4. Minimum Specifications for Test/Training Server to be supplied by LIBRARY Test/Training Server — 10 users Pentium IV 2.8GHz CPU, 1G13 memory, 109GB disk Hardware Qty Product Description 1 Dell PowerEdge 830 Pentium IV 2.8 GHz CPU 1GB memory Tower cabinet DVD-ROM drive SVGA graphics controller Ethernet10/100/1000 NIC (1) 36GB 10,000rpm ultra -wide SCSI disk (System/Temp DB) (1) 73GB 10,000rpm ultra -wide SCSI disk (Database/Logs) 3 Year On -Site Next Business Day Warranty 17" SVGA Monitor Software 1 Microsoft Windows 2003 Server License (P73-01871) 1 Microsoft SQL 2005 Server License (228-03198) 10 Microsoft SQL 2005 Server Client Access Licenses (359-01927) Schedule J Data Migration - Data Requirements Preparatory Phase To-,t Records o Test record sets reflecting the actual data formats to be converted must be provided to PLS at least one month before the beginning of the migration period. Profiling o Data mappings will be reviewed and approved by the library -assigned staff prior to completion of the conversion of the first data set. A final review of the data mappings will occur after the initial data load. Once the library and PLS agree to any final changes to the mappings, they will be approved in writing by the library. Final alterations to the first data set and all data mappings for the final process will reflect these signed instructions. Data Files to be Migrated Bibliographic Records The bibliographic records must adhere to the following standards: o MARC communications format. o The data is to be provided via ftp (file transfer protocol), or tape (4mm or 8mm). The file copy format must be approved by PLS prior to beginning the data migration. o Each bibliographic record must contain a unique record identity and a unique link to the item record file (if different than the record identity). Authority Records The authority records must adhere to the following standards: o MARC communications format. o The data is to be provided via ftp (file transfer protocol), or tape (4mm or 8mm). The file copy format must be approved by PLS prior to beginning the data migration. Item Records The item records must adhere to the following standards: o Holdings must be stored in 852 or 9XX tags within the bibliographic record with one tag per unique item. Data field definitions must be provided by the library to assist us in identifying the data in the various subfields. -OR- o Holdings must be provided in an ASCII text file with one record per line and a unique delimiter to separate fields (the delimiter must be a character (or characters) that is not used within the text of the data); file structure and data field definitions must be provided by library or third -party vendor to assist us in identifying the data in the various columns. o If the holdings are sent in a separate ASCII text file, the records must contain unique linking IDs that relate to their respective bibliographic records. o Data is not to be compressed. o Unique barcode numbers must be used for each item. Schedule J Data Migration - Data Requirements - continued Patron Records The patron records must adhere to the following standards: o Data must be provided in an ASCII text file with one record per line and a unique delimiter to separate fields (the delimiter must be a character (or characters) that is not used within the text of the data); file structure and data field definitions must be provided by library or third -party vendor to assist us in identifying the data in the various columns. o Data is not to be compressed. o Unique barcode numbers must be used for each patron record. Circulation Transactions (including reserves and patron account information) The circulation transaction records must adhere to the following standards: o PLS typically migrates current item and patron status, fines and fees, and bibliographic and/or item level holds as a part of this process. o Data must be provided in an ASCII text file with one record per line and a unique delimiter to separate fields (the delimiter must be a character (or characters) that is not used within the text of the data); file structure and data field definitions must be provided by library or third -party vendor to assist us in identifying the data in the various columns. o Data is not to be compressed. Unique links to bibliographic, patron, and/or item records (preferably using barcode numbers as the linking elements between the files). Final Processing A final load will occur at an agreed upon period after the first data cut is loaded and approved. Following are the requirements for final processing: o The library is responsible for pulling out a full copy of the data it wishes to have converted during the final period. PLS will process the bibliographic, item, authority, patron and transactions records if they can be identified, extracted, and provided to us for loading/removing. o Final processing will use the same profile as for the primary conversion. Any modifications to the profile after the first load should be carefully and completely discussed with PLS prior to the final data pull. o All of the data files must be provided in the format requirements as stated in the individual file type sections above. Reports Reports of counts and exceptions to data mappings will be provided. Customized reports may incur additional charges depending on the requirements. Southlake Public Library Board Policies and Procedures Manual Policy: Computer Use Policy Source: City Council Category: Administration Draft revision Effective Date: July 17, 2001, Revised November 5, 2001 for review Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in regards to public use of computers. Policy Statement Public use computers are available to all who meet the following criteria: 1. The user must be at least twelve (12) years of age. Add: with the exception of designated youth computers 2. To use the computer, the user must have their Southlake Library card, and/or a valid driver's license or picture identification. 3. A current signed Computer Lab Agreement must be on file. Add: for those without SPL cards 4. For children under the age of twelve (12), the parent or legal guardian must reserve the computer and remain with the child (ren) while the equipment is in use. Takeout: the parent or legal guardian must reserve the computer and remain with the child Add: the parent or legal guardian must make every reasonable effort to supervise use by children Computer use guidelines: The user must sign in and out at the Reference Desk. Children must sign -in at the Youth Services desk. Change: SPL cardholders may utilize any available computers„ or reserve a computer for future use up to 24 hours in advance, except for designated youth computers. Non cardholders must sign in at Reference Desk Youth cardholders under the age of 12 "lay utilize available designated youth computers. Youth non cardholders need to check in at youth desk 2. Computer sessions will be limited to one hour. Change: Users will be able to utilize computers for one hour, after the conclusion of one hour use will be subject to demand (including reservations for computers). Users who have exceeded one hour can be removed from computers in order to allow fair access. The computers will be available until thirty (30) minutes before closing.