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HOSTING AGREEMENT J' ~ @ Integrated Library System HOSTING AGREEMENT NOVEMBER 8, 2007 Clearwater Public Library, Clearwater, FL Polaris Library Systems PO BOX 4903 . SYRACUSE, NY 13221-4903 1-800-272-3414 . FAX 1-315-457-5883 . http;l/www.polarislibrary.com 11/8/07 Clearwater Public Library Hosted Services Contract Page 1 of 10 .. POlARIS .. THIS AGREEMENT (hereinafter referred to as the "HOSTING 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 "Polaris"), and the Clearwater Public Library, 100 North Osceola Avenue, Clearwater, FL 33755 (hereinafter referred to as "LIBRARY"). WITNESSETH: WHEREAS the Clearwater Public Library is a member of the Pinellas Public Library Cooperative (the "COOPERATIVE"), and WHEREAS the COOPERATIVE has entered into an Agreement for Hosted Services with Polaris on behalf of the members, and WHEREAS Polaris has developed a computerized system (hereinafter referred to as "POLARIS ILS"@) consisting of hardware and software and related services and provided as a hosted service; NOW, THEREFORE the parties mutually agree as follows: 1. Polaris will provide the services listed and set forth herein ("Hosted Services" )and which, upon the mutual agreement of the LIBRARY and Polaris, may be modified, added to, or replaced during the term of this Hosting Agreement. 2. This HOSTING AGREEMENT is hereby incorporated by reference into the MASTER AGREEMENT between the Cooperative and Polaris as if set forth in full. 3. This Agreement is effective upon latest date of signature below and for an initial term ending one (1) year from the Operational Date, as defined in the Master Agreement. It shall then be renewed automatically for one-year periods unless the LIBRARY notifies Polaris of its intention not to renew at least ninety (90) days prior to the expiration of the original or any extended term. 4. Services to be provided are specified in Schedules B through D of this Hosting Agreement and the Master Agreement. One-time and ongoing annual costs are itemized in Schedules B through D of this Hosting Agreement and are summarized in Schedule E herein. Payment for all services and deliverables shall be made in accordance with the terms set forth in Schedule E herein. 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. Notwithstanding the terms of this Article, the LIBRARY is bound by the Florida Prompt Payment Act, which shall have precedence over this Article in the event of a conflict. 5. Following the initial term of this Agreement, and upon receipt of notification of any such change in the Software Maintenance fee and Hosted Services fee, the LIBRARY may, with ninety (90) days prior written notice, terminate this Agreement upon the effective date of such increase. Otherwise the new fees will become effective upon the date specified in the notice. 6. 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 Florida. The applicable law for any legal disputes arising out of this Agreement shall be the law of the State of Florida. The prevailing party in any action brought under this Agreement shall be entitled to reasonable attorney fees and costs as awarded by the court including any action at the appellate level. 7. At the written request of the LIBRARY, Polaris agrees to provide continued access to software and data by placing software source code and system design documents into an escrow account, access to which willbe provided to the LIBRARY at the option of the LIBRARY should POLARIS cease to support and/ or maintain the software licensed to the LIBRARY. Terms and conditions of the source code escrow agreement will be made available to the LIBRARY upon request by the LIBRARY. The LIBRARY will maintain an active Clearwater Public Library Hosted Services Contract Page 2 of 10 11/8/07 POlARIS subscription to the escrow agreement by paying the annual fee shown under Optional Services, Schedule D. 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. By: see below ACCEPTED FOR THE LIBRARY Title: Date: CIT~Y OF LEARWATER, FLORIDA BY:_~ /.2..;/1 ~ - .- r:n::: ~ By: Wllliam B. Horne II, City Manager ATTEST: Title: Man Camilo A. Soto, Assistant City Attorney 11/8/07 Clearwater Public Library Hosted Services Contract Page 3 of 10 11/8/07 1. 2. 3. 4. 5. POlARIS !IF{ Schedule A Librar Statistics Estimated Number of Patrons Estimated Number of Items Estimated Number of Titles Estimated Number of Authority Records Items Issued Annually 6.1 Staff Client Licenses: 6.2 Dedicated PAC workstations: #1 x 85 x 32 (Unlimited licenses) , . 200,000 600,000 400,000 NjA 1,100,000 Clearwater Public Library Hosted Services Contract Page 4 of 10 POlARIS . -,;."" Schedule B Database Services 1. Data Migration Number of MARC Records: Number of Item Records: Number of Patron Records: 400,000 600,000 200,000 Source: Polaris Bibliographic and Authority Record Migration /Load - 400,000 records Item Record Migration/Load - 600,000 records Patron Record Migration/Load - 200,000 records Circulation Transaction Migration/Load (includes reserves and patron account information) Sub-Total: Data Migration Total Cost $1,000 $1,000 $1,000 $6,000 .. $9,000 2. Merge and de-duplication Merge and de-duplication of bibliographic, item and patron records Sub-Total: Merge and De-duplication Total Cost $4,000 $4,000 . Cost for Merge and De-duplication assumes that the LIBRARY's records will be merged and de- duplicated with those of the other libraries participating as part of the Group 1 implementation; cost quoted above is the LIBRARY's share of the overall cost for Merge and De-Duplication with the records from these libraries. 1 Total - Database Services $13,000.1 11/8/07 Clearwater Public Library Hosted Services Contract Page 5 of 10 POlARIS ~ ~( \ " Schedule C POLARI~ ILS SoftwareLicens~s Co Subject to the terms and conditions of the MASTER AGREEMENT, Polaris will grant non-transferable and non- exclusive licenses for the following Software for use by the LIBRARY. 1. POLARIS ILS Software - Server Includes: POLARIS ILS Database, 239.50 Server, SMTP for email notification, Remote Patron Authentication, System Administration, System Reports. 2. Client Software Includes: Find Tool, Acquisitions, Serials, Cataloging, Circulation,239.50 Client, PowerPAC. Total Staff Licenses: 85 Unlimited PowerP ACjIntemet access licenses 3. Simply Reports (up to 50 concurrent users across the consortium) 4. Spanish language interface to PAC 5. Self-Check interface x 1 unit 6. Phone Notification - Outbound only x 4 lines 7. Collection Agency Interface to Unique Management Systems 8. E*vanced - Room Reservation and Events 9. ED! Setup - B & T, Ingram, Midwest (service already performed) 7. POLARIS ILS Software Materials- Complete set of Polaris ILS documentation on CD + one set of User Guides lJ;'otal"(P€).LJ\RI$.ILS~of~areLic~nses.. 11/8/07 Total Cost NjC NjC NjC $1,200 NjC NjC NjC NjC NjC NjC NjC $1,200 Clearwater Public Library Hosted Services Contract Page 6 of 10 . POlARIS ;; 2 ,\ I' \[ ~ Schedule D Services Implementation Services Profile Development and Setup: PAC Branding Initial Project Consultation Follow-up Project Consultation Policy File Creation, Data Migration, Project Planning Implementation Process, Staff Client System Administration Implementation $3,135 POLARIS ILS Application Training/Consultation: Not Required 7 Days on-site training covering the following subsystems (including expenses) (To occur after system installation and initial database load) Up to ten (10) trainees allowed per session. . PAC . Patron Services . Cataloging . Acquisitions . Serials . Workflow Total,: Implemetlt~tiQJ.lSery~~es (includes all.Polarisperso~elie'!iP:'llSes); Installation Services. Server and server Software - Installation and Integration: Polaris Servers $300 I Total: Installation Servers & Server Software $300 11/8/07 Clearwater Public Library Hosted Services Contract Page 7 of 10 POLARIS n!"- :\ Schedule D Services - Continued Support Services: Total: HostedServices ,.. I:n.itialFeeY earl (Comm.en<:ingon.theOperatio:n.al. Date) Software Maintenance and System Su-pport Software Maintenance Fees: POLARIS ILS server Software POLARIS ILS client Software Simply Reports Spanish language interface to PAC Self-Check interface Phone Notification E*vanced Room Reservation and Events Collection Agency Interface EDI - 3 Vendors Annual $3,600 $10,530 $300 $40 $90 $1,260 $1,440 $525 $750 total:SQ(tware Maintenancea:n.dSystem Support Fee (Cqmmencil'lgone(l)ye.arft'dmthe Operational Date) $l8,535 Optional Services additional days follow-up training/consultation: to address workflow efficiencies, new functionality, outstanding questions @1,650 per day inc. expenses. Live-Day assistance at $1,650 a day inc. expenses Source Code Escrow Agreement Subscription: Annual Deposit Account Fee $700 11/8/07 Clearwater Public Library Hosted Services Contract Page 8 of 11 POIARIS '\,1 P' Schedule E Cost Summary & Payment Schedule System Costs Purchase Price Database Services (Schedule B) $13,000 POLARIS ILS Software Licenses (Schedule C) $1,200 Services (Schedule D) Implementation Services: Profile Development and Setup Implementation Services: Training Installation Hosted Services - Year 1 $3,135 N/A $300 $11,321 Sub..1otal: Syete11l Cost Les~Discount (!O%) 'f()t~l: System~;Cost $28;9S6 ($5i791!) .. $23~l()5 1. Payment on Delivery 1.1 Services (Schedule D) Less Discount Total Costs $14,756 ($5,791) $8,965 2. Payment for Database Services 2.1 Total Cost (Schedule B) Payment for this cost to be made as follows: 50% upon completion of test load 50% upon completion of final load $13,000 $6,500 $6,500 3. Payment for Software 3.1 Sub-Total Costs (Schedule C) $1,200 Payment for these costs to be made as follows:- 33% upon signing the Agreement $396 33% upon completion of Hardware/Software delivery $396 11/8/07 Clearwater Public Library Hosted Services Contract Page 9 of 11 POIARIS 34% upon Operational Date $408 4. Annual Payments to Commence One (1) Year from the Operational Date 4.1. Software Maintenance and System Support (Schedule D) 4.2. Hosted Services (Schedule D) $18,535 $5,460 11/8/07 Clearwater Public Library Hosted Services Contract Page 10 of 11 POLARIS Schedule C POLARIS Its Software Licenses Subject to the terms and conditions of the MASTER AGREEMENT, Polaris will grant non-transferable and non- exclusive licenses for the following Software for use by the LIBRARY. Total Cost 1. POLARIS ILS Software - Server NjC Includes: POLARIS ILS Database, 239.50 Server, SMTP for email notification, Remote Patron Authentication, System Administration, System Reports. 2. Client Software N j C Includes: Find Tool, Acquisitions, Serials, Cataloging, Circulation,239.50 Client, PowerPAC. Total Staff Licenses: 85 Unlimited PowerPACjInternet access licenses NjC 3. SimplyReports (up to 50 concurrent users across the consortium) NjC 4. Spanish language interface to PAC N j C 5. Self-Check interface x 1 unit NjC 6. Phone Notification - Outbound/Inbound x 4 lines $450 7. Collection Agency Interface to Unique Management Systems NjC 8. E*vanced - Room Reservation and Events NjC 9. ED! Setup - B & T, Ingram, Midwest (service already performed) NjC 10. POLARIS ILS Software Materials - NjC Complete set of Polaris ILS documentation on CD + one set of User Guides I. Tqtal-POLARIS ILS. Sof~~~~~icenses $4:5Q Schedule C Amended 1/22/08 11/8/07 Clearwater Public Library Hosted Services Contract Page 6 of 10 POLARIS Schedule D Services - Continued Support Services: Tot'al.: Hdsted'Services - Initiall~~~Y ear 1 (C()mmendngon the Operational Date) $11,321 Software Maintenance and System Support Software Maintenance Fees: POLARIS ILS server Software POLARIS ILS client Software Simply Reports Spanish language interface to PAC Self-Check interface Phone Notification E*vanced Room Reservation and Events Collection Agency Interface EDI - 3 Vendors Annual $3,600 $10,530 $300 $40 $90 $1,341 $1,440 $525 $750 T~ta~;Sdftwatei~ai~t~naft~~,anA::~;ystem Support Fee (Copllnel'lcing (me (!lyearf!~mthe Operational Date) $18,616 Optional Services additional days follow-up training/ consultation: to address workflow efficiencies, new functionality, outstanding questions @1,650 per day inc. expenses. Live-Day assistance at $1,650 a day inc. expenses Source Code Escrow Agreement Subscription: Annual Deposit Account Fee $700 Schedule D Amended 1/22/08 11/8/07 Clearwater Public Library Hosted Services Contract Page 8 of 10 POlARIS Schedule D Services - Continued Subscription Service to Syndetic Solutions Polaris 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 1,022,432. Based on this figure, the first-year annual subscription will be as follows (the Library may de-select elements as required to the minimum annual fee of $550): Component Table of Contents Annual Cost Find Similar Titles (must also buy Fiction Profile) Series Information $429 $376 $376 Fiction Profile Awards Not Selected Not Selected Cover Images First Chapters/Excerpts Author Notes PW Review (includes Criticas Review) LJ Review SLJ Review Choice Review $322 $569 $322 $107 Summaries Spanish German N at Selected Not Selected Not Selected Not Selected Not Selected Not Selected Not Selected Not Selected Not Selected Not Selected Booklist Review Horn Book Review Kirkus Review Video & Music 1 Total Annual Subscription Fee $2,501 Schedule D Amended 1/22/08 11/8/07 Clearwater Public Library Hosted Services Contract Page 9 of 10 POlARIS Schedule E Cost Sumlllary & Payment Schedule System Costs Purchase Price Database Services (Schedule B) $13,000 POLARIS ILS Software Licenses (Schedule C) $450 Services (Schedule D) Implementation Services: Profile Development and Setup Implementation Services: Training Installation Hosted Services - Year 1 Enhanced Data Content for PAC Subscription Service $3,135 N/A $300 $11,321 $2,501 S1.ib;'Total:'5:)yste~ Cost Less BiscOUllt 'fot'fl1:SystemCost 1. Payment on Delivery 1.1 Services (Schedule D) Less Discount Total Costs $17,257 ($5,791) $11,466 2. Payment for Database Services 2.1 Total Cost (Schedule B) Payment for this cost to be made as follows: 50% upon completion of test load 50% upon completion of final load $13,000 $6,500 $6,500 3. Payment for Software 3.1 Sub-Total Costs (Schedule C) $450 Payment for these costs to be made as follows:- 33% upon signing the Agreement 33% upon completion of Hardware/Software delivery 34% upon Operational Date $148.50 $148.50 $153.00 4. Annual Payments to Commence One (1) Year from the Operational Date 4.1. Software Maintenance and System Support (Schedule D) 4.2. Hosted Services (Schedule D) 4.3 Enhanced Data Content for PAC Subscription Service (Schedule D) $18,616 $5,460 $2,501 Schedule E Amended 1/22/08 11/8/07 Clearwater Public Library Hosted Services Contract Page 10 of 10