HomeMy WebLinkAbout6/17/2009 - STAFF REPORTS - 2.N. {o ppLMSAR
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°q�IFORa'P CITY COUNCIL STAFF REPORT
DATE: June 17, 2009 CONSENT CALENDAR
SUBJECT: AWARD A CONTRACT WITH POLARIS LIBRARY SYSTEMS FOR AN
INTEGRATED LIBRARY SOFTWARE SYSTEM
FROM: David H. Ready, City Manager
BY: Library Services
SUMMARY
Today, integrated library systems are the backbone of a library. Integrated library
systems are software technology that maintains the library's catalog and all patron
records. The Palm Springs Library currently operates the SIRSI integrated library
system, a legacy system built on a UNIX platform. The system is slow, outdated, and is
not customer friendly. It is also an expensive system to maintain. The Library needs to
migrate to a more modern, cost effective, remotely hosted, Windows based integrated
library system with full Structured Query Language functionality.
RECOMMENDATION:
1. Waive the competitive requirements of the municipal code and award a contract
in a form acceptable to the City Attorney, with Polaris Library Systems of
Syracuse, NY to provide a Windows based integrated library system with
Structured Query Language capacity in the amount of $89,005 for the first year
and annual maintenance costs for years 2 through 5 in the amounts of $17,562,
$18,321, $19,322 and $20,268 respectively.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Library has been using the SIRS] integrated library system since early 2003. The
system has never worked properly because its UNIX platform was outside the skill set
of the Library's and the City's Information Techology staff. This has resulted in the
database becoming "dirty" with inaccurate records, an inability to print accurate statistics
and a cumbersome 3.5 hour weekly back-up procedure that required the Library to open
at 10 AM on Fridays. The Library's automation manager has worked diligently with the
SIRSI Corporation to improve the system's performance but the system remains
marginal in most critical operations. Recently the automation manager accepted the
Item No. 2 • N •
City Council Staff Report
(June 17, 2009)-- Page 2
(Polaris Library Systems)
City's incentivized retirement option. When she leaves, no one in the City will have the
ability necessary to operate SIRS] at even its present low level of performance.
Replacing SIRSI with a modern system on a Windows platform familiar to City staff will
provide a solution which efficiently serves the Library and the public.
There are many providers of integrated library systems, however those Windows based
systems with Structural Query Language functionality are few. The Library and
Procurement staff conducted research for providers of Windows based integrated library
systems and found only two vendors, Polaris and Autographics.
However, only Polaris Library Systems has the Structural Query Language functionality
and is the only public library integrated library system that currently runs on a Windows
platform. Library staff conducted an on-site demonstration of the Polaris system
product and all of the associated modules and found it easy to use because it allows for
local library design of the look and search options and does not require an on-site
automation manager. It will also provide the ability for the Director and other staff to run
reports from their desk computers on demand. For these reasons it is fast becoming
one of the most popular integrated library systems in the country.
The one time migration cost is $35,000 less than the annual fully loaded salary of the
Library Automation Manager position and annual maintenance costs will be $15,000 per
year less than is currently charged by SIRSI for maintenance.
Since it takes approximately six months to migrate to a new integrated library system,
speed in approving this contract is of the essence. In this case, staff recommends that
the City Council waive the competitive requirements of the municipal code and award
this single source purchase of a new integrated library system to Polaris Library
Systems.
FISCAL IMPACT:
Total migration costs will be $89,005 (year 1) and will be taken from the Library's
accrued Measure Y funds (no impact to the General Fund). Annual maintenance costs
will be budgeted in the Library's normal Hardware and Software 'maintenance account.
Barbara Roberts, Dire for of Library Services Tom Wilson, AssistantCityManager
David H. Ready, City er
Attachments: 1) Polaris Contract for Hosted Services
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POLARIS
Integrated Library System
CONTRACT
FOR HOSTED SERVICES
June 2nd, 2009
Palm Springs Public Library,
Palm Springs, CA
Polaris Library Systems
PO BOX 4903 • SYRACUSE, NY 13221-4903
1-800-272-3414 • FAX 1-315-457-5883
http://www.polarislibrary.com
6/2/09 Palm Springs Public Library Hosted Services Contract Page 1 of 18
POLARJS
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 "Polaris"), and the Palm Springs Public Library, 300 South Sunrise Way, Palm Springs, CA
92262 (hereinafter referred to as "LIBRARY").
WITNESSETH:
WHEREAS, Polaris has developed a computerized system (hereinafter referred to as"Polaris ILS"®)consisting of
hardware and software and related services, and the LIBRARY intends to purchase and/or license such
hardware, software and related services at its location(s);
NOW, THEREFORE the parties mutually agree as follows:
1. Definitions
1.1. "Hosted Services"shall refer to the services listed and set forth under Schedule B herein and which may
be modified, added to, or replaced during the term of this Agreement.
1.2. "Polaris ILS Software"shall refer to all hosted and client applications proprietary to Polaris and provided
by Polaris to the LIBRARY under this Agreement.
1.3. "Polaris ILS Hardware" shall refer to the hardware under the control and ownership of Polaris which is
used to provide the Polaris ILS Software and Hosted Services; and which hardware may be modified,
added to, or replaced during the term of this Agreement provided that the performance thereof is not
thereby caused to degrade.
1.4. "Polaris ILS Software Materials"shall refer to 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
Polaris as available under license to libraries who have licensed the Polaris ILS Software to which those
materials relate.
1.5. "LIBRARY Equipment' shall refer to the hardware and software, including, but not limited to, those
components that enable access to the Internet, which the LIBRARY is required to have in use in order to
use and enable the Polaris ILS Software and Hosted Services to be provided in accordance with this
Agreement, and which may be provided independently by the LIBRARY or which may be purchased by the
LIBRARY as part of this Agreement.
1.6. "Network"shall refer to all communications hardware and software under the control and ownership of
Polaris, and Which may be modified, added to, or replaced during the term of this Agreement provided
that the performance thereof is not thereby caused to degrade.
1.7. "System"shall refer to the Polaris ILS Hardware, Polaris ILS Software and Network as the same operate
together in the provision of the Hosted Services
1.8. "Operational Date" is defined as the day on which Polaris and the LIBRARY shall mutually declare in
writing use of the Polaris ILS Software and Hosted Services as provided under this Agreement to be
available to the LIBRARY.
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, Polaris will provide Services as detailed in the following Schedules at the fees indicated
in Schedule D:
Schedule B: Hosted Services 0
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POLARIS
Schedule C: Polaris ILS Software
Schedule D: Cost Summary
Schedule E: Enhanced Data Content for PAC
Schedule F: PC Workstation Requirements
3. Installation Schedule
3.1.Following the signing of this Agreement, the LIBRARY and Polaris will mutually agree on 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 implementation, both parties shall mutually agree to
an Operational Date pursuant to Article 1.8. herein.
4. Term and Termination
4.1. This Agreement is effective upon final signature and for an initial term ending one (1) year from the
Operational Date. 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.
4.2. If either party is considered to be 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 alleged breach, to the other party. The party considered to be in breach
of this Agreement will have thirty(30)days after notice is received to cure such breach, or, if the breach
cannot reasonably be cured within thirty(30)days, the 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 party
considered to be in breach 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
Hosted Services satisfactorily received prior to the date of suspension or termination. If this Agreement
is terminated, any pre-paid Software Maintenance and Hosted Services fees shall be refunded to the
LIBRARY to the date of termination on a pro-rated basis. If this 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
Polaris ILS Software and Software Materials under the conditions set forth herein is withdrawn, then all
Polaris ILS Software and Software Materials must be returned to Polaris, or if so requested in writing by
Polaris, destroyed. Within one (1) month after the date of cessation or termination of any license
granted hereunder, the LIBRARY will furnish to Polaris 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 theL 6
eY
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POLARIS
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Polaris ILS Software Materials received from Polaris 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. Costs for the initial term of this Agreement are enumerated in Schedule D herein. Unless specified
elsewhere in this Agreement, unit costs for Polaris Software and Services will be held at the quoted
rate(s) for 1 year from the execution of this Agreement. Costs for additional Third Party software,
hardware and services are subject to change and will be quoted at the then current rate.
6.2. Payment for deliverables shall be made on the Operational Date. Subsequent payments will be made on
the annual anniversary of the Operational Date.
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 Polaris 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 Polaris, 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, the Hosted Services fee will be
pro-rated accordingly.
Any third party subscription service fee will be subject to review, and possible change, on an annual
basis commencing one (1) year from the Operational Date.
The Software Maintenance and Hosted Services fee is 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.
Following the initial term of this Agreement, and upon receipt of notification of any such change in the
Software Maintenance 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 fee will
become effective upon the date specified in the notice.
6.7. Polaris reserves the right to offer new goods and/or services at any time during the initial or extended
term of this Agreement. Where such goods and/or services involve a one-time and/or an ongoing fee,
Polaris shall provide the LIBRARY with ninety (90) days written notice of any such offer.
7. Licenses
7.1 Polaris hereby grants to the LIBRARY a non-exclusive, royalty-free license during the term of this
Agreement to use the Polaris ILS Software, the Polaris ILS Software Materials, and any ancillary software,
solely in conjunction with the Hosted Services as defined in this Agreement. It is declared that the
LIBRARY shall have no right to use the same for any other purpose or at any other time.
7.2. No title to or ownership of the Polaris ILS Software or Polaris ILS Software Materials is transferred to the
LIBRARY, and they remain the proprietary property of Polaris.
7.3. All licensed Polaris ILS Software and Polaris ILS Software Materials contain Polaris proprietary
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POLARIS
information, use of which is limited by the licenses granted in this Agreement. The LIBRARY shall not
allow the Polaris ILS Software or any portion thereof, to be reverse compiled, disassembled, or in any way
altered. The LIBRARY shall not modify any licensed Polaris ILS Software in machine-readable form nor
merge such Polaris ILS Software with other software programs. The LIBRARY will not disclose or otherwise
make available, except as required by law, any licensed Polaris ILS Software Materials in any form to any
third party except to the LIBRARY's employees, or to agents directly concerned with licensed use of said
materials.The LIBRARY may customize Software Materials and on-line help files, but Polaris disclaims any
responsibility for their maintenance.
7.4 Polaris may terminate all proprietary licenses granted hereunder and require return of the Polaris ILS
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 acknowledges the PC Workstation requirements set forth under Schedule F herein, and will
assume responsibility for purchasing, installing, configuring and maintaining all other hardware
components necessary, including but not limited to:
hardware Firewall,
anti-virus software,
LIBRARY-specific network components and connectivity,
PC Workstations and maintenance,
Scanners and maintenance,
Printers and maintenance,
Uninterruptible Power Supplies,
cables,
The LIBRARY wilt also assume responsibility for determining, in consultation with Polaris, the viability of
existing LIBRARY Equipment in conjunction with the System.
8.2. The LIBRARY shall designate no more than two (2)key personnel to act as Polaris' sole point(s)of contact
with the LIBRARY following execution of this Agreement.
8.3. The LIBRARY is responsible for providing and maintaining an Internet connection with sufficient
bandwidth for reliable operation and support. If required, the LIBRARY will provide Polaris with reliable
and immediate remote access via the Internet to any LIBRARY Equipment that directly or indirectly
affects the ability of the LIBRARY to access and use the Polaris ILS Software. This access must be
sufficient, in Polaris' sole opinion, to satisfy any on-going warranties set forth under this Agreement.
Failure by the LIBRARY to provide minimal access via the Internet may result in unresolved performance
issues and may void Polaris' obligations with respect to on-going warranties.
8.4. The LIBRARY will accept responsibility for the export of all data files it wishes to migrate to the Polaris
Integrated Library System. These files will be provided to Polaris in a format in accordance with the
content and format specified in the Polaris Data Migration Guide. This document will be provided at the
beginning of your implementation, but may also be requested at any time. Deviation from the specified
format may result in additional migration fees. Data will be provided to Polaris 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 vendor of the system from which data is extracted 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
vendor for the data export and transfer to Polaris if such services are necessary. The LIBRARY assumes
the responsibility of conducting communication between Polaris and other vendors, as necessary, to
assure that all conditions for proper file export and transfer are met.
8.5. The LIBRARY will accept responsibility for the data concerning the LIBRARY's system profile and system
parameters that it has provided to Polaris based on guidelines for the profile and parameters set by
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POLARIS
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Polaris. Polaris 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 Polaris
Software. Polaris disclaims all responsibility for the use or function of the Polaris Software, or for the
results obtained therefrom.
8.6. Pursuant to Article 8.1, the LIBRARY will accept responsibility for the installation, performance and
maintenance of all third party hardware/software components on the Polaris ILS that are not supplied by
Polaris under this Agreement. Polaris may provide consultation Services or diagnostic support relating to
the LIBRARY's use of such third party hardware and software, and shall reserve the right to charge, at the
rate of$200 per hour with a minimum $400 charge.
9. Site Preparation
It is understood and agreed that the Hosted Service fee does not include any costs with regard to the
preparation of the LIBRARY site or the installation of LIBRARY Equipment. The LIBRARY shall, at its own
expense, prepare the site to house the LIBRARY Equipment, shall provide suitable electric service for
operation of said LIBRARY Equipment.
10. Privacy of Data
Polaris 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 Polaris ILS Software and Polaris ILS Software Materials so as to enable the
LIBRARY to satisfy its obligations under Article 7 herein.
11.2.A11 licensed Polaris ILS Software Materials contain Polaris 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 Polaris ILS 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.
Subject to the limitations of this article, the LIBRARY may make additional copies of the Polaris ILS
Software Materials.
12. Warran
12.1.Polaris warrants that the Polaris ILS Software will perform substantially in accordance with the Polaris ILS
Software Materials in effect on the Operational Date. Polaris agrees to make reasonable efforts to correct
all reproducible material errors in the Polaris ILS Software and discrepancies between the Polaris ILS
Software Materials and the actual Polaris ILS Software performance. Polaris does not warrant that the
operation of the Polaris ILS Software and its availability to the LIBRARY via the Internet, will be
uninterrupted or error-free or that all program defects will be corrected. In addition, due to the continual
development of new techniques for intruding upon and attacking networks, Polaris does not warrant that
the Polaris ILS Software or any equipment, system or network on which the Polaris ILS Software is used
will be free of vulnerability to intrusion or attack.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER TYPE WHETHER
EXPRESSED OR IMPLIED, WRITTEN OR ORAL.
12.2.Polaris disclaims any responsibility for correcting any inability by the LIBRARY to connect to the Polaris
ILS Software as a result of the failure or mis-configuration of the LIBRARY Equipment. Polaris may
provide consultation services or assistance relating to the failure or mis-configuration of LIBRARY
Equipment, and reserves the right to charge for said services or assistance at the rate of$200 per hour
with a minimum $400 charge. 5
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POLARIS
13. Support rt Services
13.1.Support Services constitute Software Maintenance and Hosted Services - as defined under Schedule B
herein.
13.2.Polaris ILS Software updates will be made available periodically. Polaris shall have full discretion as to
the timing and content of Polaris ILS Software updates during the term of this Agreement. Failure to
release Polaris ILS Software updates during any specific term does not constitute default on the part of
Polaris because of the continuation of the provision of Software Maintenance and Hosted Services. Given
the complexity of the library automation environment, including such factors as evolving standards,
developmental tools, and market demands, Polaris 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.Each type of program service and maintenance specified will be available unless discontinued by Polaris
upon one hundred and eighty (180) days written notice.
13.4.Polaris 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, or for support
made necessary by the failure of the LIBRARY to maintain system and network security in accordance
with industry best practices.
14. Patent and Copyright
14.1.Polaris will defend the LIBRARY against any claim that licensed Polaris ILS Software and/or Polaris ILS
Software Materials furnished and used within the scope of the license granted herein infringe a U.S.
patent or copyright and Polaris will pay resulting costs, damages and attorney fees finally awarded,
provided that: (a) the LIBRARY promptly notifies Polaris in writing of the claim, and (b) Polaris has sole
control of the defense and all related settlement negotiations.
14.2.If such claim has occurred, or in Polaris'opinion is likely to occur, the LIBRARY agrees to permit Polaris at
its option at no additional expense to the LIBRARY either to procure for the LIBRARY the right to continue
using the licensed Polaris ILS Software and/or Polaris ILS 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 Polaris to return or destroy all copies of the
Licensed Polaris ILS Software Materials received from Polaris and all copies thereof, and to receive a
refund for any monies paid for the lease of said Polaris ILS Software licenses.
14.3.Polaris shall have no obligation to defend the LIBRARY or to pay costs, damages,or attorneys fees for any
claim based upon the LIBRARY's use of licensed Polaris ILS Software that has been altered by the LIBRARY
without Polaris' express permission and in direct breach of Article 7.3. herein.
14.4.The foregoing states the entire obligation of Polaris with respect to infringement of patents or
copyrights.
15. Limitation of Remedies
15.1.For any claim concerning performance or non-performance by Polaris pursuant to or in anyway related to
the subject matter of this Agreement and any supplement hereto, the LIBRARY shalt 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.Polaris' 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 in the year in which the action was
brought.
_r 4
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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 in whole or in part by Polaris' negligence.
15.4.IN NO EVENT WILL Polaris 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 Polaris 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 taw, it is to that extent to be deemed omitted, and the remaining provisions shall not be affected in
any way.
1B. 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 shalt be subject to all applicable laws of the Federal Government of the United States of
America and to the taws 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. 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.
20. Saving Clause
Typographical errors are subject to correction.
21. Assignments
Both parties agree that no subticensing, 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 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.
24. Force Maieure
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
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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
Polaris 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 Polaris
employees or subcontractors.
26. Amendments
Amendments and modifications to all, or any part, of this 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.
77. Proorietary Information
The parties to this Agreement understand and agree that in the performance of work or services under
this Agreement, or in contemplation thereof, either party may have access to private or confidential
information which may be owned or controlled by the other party, and that such information may contain
proprietary details, disclosures, or sensitive information which disclosure to, or use by, a third party will
be damaging or illegal. Both parties agree that all information, disclosed by one party to the other,which
is in written form and which is marked confidential, shall be held in confidence and used only in
performance of services under this Agreement. Both parties shall exercise the same standard of care to
protect such information as is used to protect their own proprietary data.
28. Ownership of Data
Polaris 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, Polaris agrees
to assist the LIBRARY in extracting all LIBRARY-owned data from the System. Such assistance shall
include personnel time and Polaris' 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 Polaris at no charge to the LIBRARY if termination of this Agreement by the LIBRARY comes as
a direct result of a breach, by Polaris, of any of the terms and conditions set forth herein; in all other
circumstances concerning termination, Polaris 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, Polaris will furnish such
data in the standard format. Appropriate documentation shall be provided. These Services will not be
delayed or withheld by Polaris in the event of any legal proceeding initiated by either party.
� l
6/2/09 Palm Springs Public Library Hosted Services Contract Page 9 of 18
POLARJS
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: Date:
APPROVED AS TO FORM FOR POLARIS LIBRARY SYSTEMS
By:
Title: Manager, Contracts and Proposals
Date:
6/2/09 Palm Springs Public Library Hosted Services Contract Page 10 of 18
P1.OLARIS
Schedule A
Library Statistics
1. Estimated Number of Patrons 18,850
2. Estimated Number of Items 149,100
3. Estimated Number of Titles 131,800
4. Estimated Number of Authority Records 136,550
5. Items Issued Annually 413,712
6 Staff Client Licenses 18
7. Name and address of main LIBRARY location:
Palm Springs Public Library
300 South Sunrise Way
Palm Springs, CA 92262
S. Other locations:
N/A
_ r
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POLARIS
I '111.1 V7 i. i vI f.
Schedule B
Hosted Services
One-Time Services Description
• 4 days on-site training: Patron Services, Cataloging, PAC
Training ■ 3 days on-site training on Acquisitions and Serials
• 1 day on-site for "go-live" assistance
• %2 day web based system administration overview training
• %2 day follow-up web training
■ /z day web training on Authority records in Polaris
project management, profiling assistance, and scheduling
Implementation Services ■ 2 day on-site implementation/consultation
enable pre-programmed theme selection
OPAC Branding ■ resize existing library logo
• assist LIBRARY with system administration setup of PAC
■ MARC record cleanup by Backstage
Database Services ■ Authority Control Processing by Backstage
• Data cleanup by Polaris
• Migration of bibliographic, item, patron and transaction records
Software Polaris server software and staff licenses
Polaris ILS Software Materials One (1) complete set of Polaris ILS documentation + 1 CD
On-Going Services Description
Use of Hardware ft 3rd Party Ongoing use of requisite hardware and 3ro party software licenses
Software
Network Usage On-going use of proportional bandwidth to access Hosted Services
Hosted Technical Support 0 monitor Polaris ILS server jobs and batch procedures
maintain the system server software configuration
• load server operating system patches
• upgrade Polaris ILS servers to all new releases
W load operating system patches on servers
• update and monitor server virus protection
• maintain host-site Internet connectivity and capacity
• ensure successful backups of the system
• maintain server hardware and capacity
W monitor system activity
Hosted System 0 manage Polaris ILS configuration changes
perform Polaris ILS system administration tasks as required
Administration 0 update system policy tables on an as-needed basis (such as dates
closed, loan periods, patron and fine codes)
Periodic Maintenance Polaris reserves the right to perform periodic maintenance on the
hosted server(s). Such maintenance would occur between the hours of
5:00am - 7:00am on Thursdays, and may necessitate a service outage
during part or all of this timeframe. Notification of any such outage will
be provided to the LIBRARY in advance.
6/2/09 Palm Springs Public Library Hosted Services Contract Page 12 of 18
POLARIS
Schedule B
Hosted Services
LIBRARY will be responsible for the following:
• Reports Et notices;
• Cost associated with optional Polaris upgrade training;
• Cost of custom reports & SQL queries
5
6/2/09 Palm Springs Public Library Hosted Services Contract Page 13 of 18
POLARIS
Schedule C
Polaris ILS Software
• Polaris ILS Database (full and documented schema available via Extranet)
• Z39.50 Server
• SMTP For email notification (Library may also use other email server)
• Remote Patron Authentication via SIP2 service
• Find Tool (Over 600 search points available)
• Cataloging with authority control
• MARC validation program
• Bibliographic and authority records imparting interfaces
Fully integrated WYSIWYG Label Printing (see/edit before you print)
• Circulation
• Offline circulation, inventory and Bookmobile (one offline client per location at no additional cost)
• Group holds
• OCLC Inter Library Loan Interface
• Record set (bulk change operations for patron, item, authority and bibliographic records)
• 739.50 client
• System Administration (familiar Directory / Tree structure with point-and-click options)
• Integrated desktop Reports and Notices (with export to Excel, Word, PDF, HTML, XML and other formats)
• Extensive online help
• Polaris ILS PowerPAC supports Internet Explorer 6.0 +, Netscape Navigator 7.0+, Mozilla Firefox, Opera
8.02+, Safari 1.2+
• Multiple database searching
• Patron Authentication
• My Account Options: Self-registration, search agent alerts, pre-notification of overdues, reading
history, formatted title lists (MLA, Chicago Manual of Style, etc.)
• Customizable Dashboards (automated links to bestsellers, subject areas, etc.)
• Acquisitions
• Serials
• Children's interface to PAC
• Spanish language interface to PAC
• Self-Check interface
• Inventory Manager
• Serials Pattern Templates
• ZMARC Authority Subscription
• Enhanced Data Content for PAC Subscription
Optional Software/Services:
Product Price
Additional Staff Client License $730 + maintenance
Multilingual Interface to PAC - Spanish $1,000 + maintenance
Multilingual Interface to PAC - Vietnamese, Korean or French $3,500 each + maintenance
Course Reserves $1,500+ maintenance
Outreach Services $2,000 + maintenance
Debt Collection Interface $1,200 + maintenance
Additional Manuals (one-time cost per set) $250
6/2/09 Palm Springs Public Library Hosted Services Contract Page 14 of 18
POLARIS
Schedule D
Cost Summary
Service Description Year One Costs
Training (9 '/2 days) $15,900
Implementation Services $5,600
Hosted Services $3,500
OPAC Branding $250
Database Services (inc. Backstage services)
• Backstage Data cleanup $3,400
• Polaris data migration/load $7,500
• Backstage Authority Control Processing $7,100
• Polaris Project Management $2 500
• Polaris Data cleanup $2,000
SimplyReports x 2 $5 000
Enhanced Data Content for PAC Subscription $936
Children's interface to PAC N/C
Self-Check interface to 3Id party units x 5 $2,500
Spanish language interface to PAC $1,000
Polaris Inventory Manager x 1 $2,000
ZMARC Authority Subscription x 1 $1,275
Serials Pattern Templates $750
Polaris Server Software $30,000
Polaris Staff Licenses x 18 $13,500
Sub-Total $104,711
Less Discount ($15,706)
Total Year One $89,005
Due on Operational Date
Annual Costs
Service Description Year Two Costs
Software Maintenance Ft Hosted Services $15,260
Enhanced Data Content for PAC $964
ZMARC Authority Subscription $1,338
Total Year Two $17,562
Due one (1) year from Operational Date
Service Description Year Three Costs
Software Maintenance & Hosted Services $16,023
Enhanced Data Content for PAC $993
ZMARC Authority Subscription $1,405
Total Year Three $18,421
6/2/09 Palm Springs Public Library Hosted Services Contract Page 115 of 18
POLARIS
I IP1 ,r l%, i l ,:
Schedule D
Cost Summary - continued
Service Description Year Four Costs
Software Maintenance & Hosted Services $16,824
Enhanced Data Content for PAC $1,023
ZMARC Authority Subscription $1,475
Total Year Four $19,322
Service Descri tion Year Five Costs
Software Maintenance It Hosted Services $17,665
Enhanced Data Content for PAC $1,054
ZMARC Authority Subscription $1,549
Total Year Five $20,268
6121119 Palm Springs Public Library Hosted Services Contract Page 16 of 18
POLARIS
ilp-. ,P- r i ,
Schedule E
Enhanced Data Content for PAC
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 413,712. Based on this figure, the first-year annual subscription will be as follows
(the Library may deselect elements as required to the minimum annual fee of $550):
Component Annual Cost
Table of Contents $290
Fiction Profile Not Selected
Find Similar Titles (must also buy Fiction Not Selected
Profile)
Series Information Not Selected
Awards
Summaries $290
Cover Images $356
First Chapters/Excerpts Not Selected
Author Notes Not Selected
PW Review (includes Criticas Review) Not Selected
LJ Review Not Selected
SLJ Review Not Selected
Choice Review Not Selected
Bookhst Review Not Selected
Horn Book Review Not Selected
Kirkus Review Not Selected
Spanish Not Selected
German Not Selected
Video Ct Music 1 Not Selected
Total Annual Subscription Fee $936
1 .D
6/2/09 Palm Springs Public Library Hosted Services Contract Page 17 of 18
POLARIS
Schedule F
Lpcworkstation Requirements
Technical Service/Staff Access Workstations and Patron Access Workstations-
Operating System Windows XP Professional / Vista Business - 32-bit (projected far mid-2008 is
an upgrade to 64-bit capability)
System Processor 1 GHz or better
System Memory 1 GB or better
Hard Disk Requirements 10 GB
Video Requirements SVGA Graphics Controller/4 MB Video Memory or better
Other 100 MB NIC Card
Monitor 17" (1024 x 768)
Terminal Services
The minimum requirement for Remote Desktop Connection (RDC)for Terminal Services(by Microsoft)is a client
computer or thin client which has the Remote Desktop Connection Client installed. The Remote Desktop
Connection Client can be run on client computers running Microsoft Windows 95, Microsoft Windows 98,
Microsoft Windows Millennium Edition, Windows NT 4.0, Microsoft Windows 2000 Professional, Microsoft
Windows XP Professional, or Microsoft Windows VISTA. The Remote Desktop Connection Client can also be run
on thin clients running Microsoft Windows CE, or Microsoft Windows XPe. A Remote Desktop Connection Client
for Mac OS X is also available from Microsoft.
Remote Desktop Connection has very low physical RAM requirements and generally works on any device that
meets the minimum requirements for the operating system on which it runs well.
Recommendations:
• Remote Desktop Connection Client on a client computer running Microsoft Windows XP Professional,or
Microsoft Windows VISTA.
• Remote Desktop Connection Client on a thin client running Microsoft Windows CE, or Microsoft Windows
XPe.
• A reliable network connection with low network latency<100ms between the client and terminal server
n
w
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