IGA; Broomfield City/County; Integrated Library System; Exp 12/31/20164ra2014 SubNt a Contract for Signature
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OFFICE OFTHE CRATFORNEV
MAY 0 7 2014
ra.
Routing Number .20140429
-9505
Originating Dept
Library
Contact Person
Kathy]anosko
Phone Number
303 - 441 -3160
Project Manager / Contract
Administrator
Aimee Schumm
E -mail
schumma@boulderlibrary.org
Counter Parties
City and County of Broomfield
Contract Title / Type
Intergovernmental Agreement
Number
Description
IGA between COB and City and County of Broomfield for shared acc and maintenance of the
library's Integrated Library System — —
Special Instructions
Please return one signed copy to Aimee Schumm
Amount
40,536.24
Expense Type INCOMING
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AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE CITY AND COUNTY OF BROOMFIELD
AND THE CITY OF BOULDER
FOR INTEGRATED LIBRARY AUTOMATION SERVICES
THIS AGREEMENT, entered into this qt�ay of 2014 by and between the
City of Boulder, a Colorado home rule city, for and on behalf o Bil der Public Library, ( "City"
or "BPL ") and City and Countyof Broomfield, ("Contracting Library" or "CL ") and collectively
as the Parties (the "Parties ").
A. BPL has entered into an agreement with Innovative Interfaces, Inc., a California
corporation, for an automated, integrated library system, "ILS" which is being used by BPL; and
B. CL wishes to use the BPL computer system for its library circulation database,
bibliographic holdings database, and public catalog access activities; and
C. An agreement for shared use of the BPL computer system will advance
intergovernmental cooperation and provide mutual benefit and financial savings for both
municipalities through shared access to library databases.
NOW, THEREFORE, in consideration of the terms, conditions, and covenants herein
stated, the Parties agree as follows:
1. System Use CL shall be allowed to use the BPL computer system to build and maintain
a database for library circulation and public access activities in accordance with the terms of this
Agreement.
2. Term of System Use The use of BPL's Innovative Interfaces system software, provided
for herein, shall begin on January 1, 2014 through December 31, 2016.
3. CL Database Maintenance CL shall maintain and update its database by entering its data
into the BPL Innovative Interfaces system. All entries shall be made from the CL location.
4. CL Euuinment Obligations In order to use the BPL computer system, CL shall purchase
or lease, at its own expense, all communications and peripheral equipment necessary to attach
itself to and operate the system. Should CL desire to add more terminals or other equipment than
are currently in place at the time of this Agreement, charges and terms for the installation and use
of such additional equipment shall be negotiated between the Parties. if agreement cannot be
reached concerning costs, BPL shall be under no obligation to attach any additional equipment to
the computer system. All such equipment must be approved by BPL prior to installation for the
purpose of guaranteeing compatibility with the BPL computer system. BPL will provide
assistance in locating compatible equipment, if so requested. CL, at its own expense, shall
maintain a telephone or other data line installed at the BPL. CL shall be responsible for all
communications costs between its facilities and BPL.
5. Annual Assessment Formula CL agrees to pay BPL a sum calculated from the attached
document, labeled ATTACHMENT A for the permitted entry and manipulation of bibliographic
records, the unlimited use of circulation control software and public access catalog software, the
use of BPL's computer hardware, and system support. The annual charge shall be determined as
a function of taking the total costs of all participating Libraries and allocating the incremental
costs using the parameters described in said ATTACHMENT A.
6. Upgrades and New Applications A s new software modules become available from
Innovative Interfaces, and as major new applications are developed which require a significant
investment of resources in hardware or software, BPL will make these available to CL in a
timely manner. Costs for these services shall be subject to negotiation and written agreement
prior to implementation. If agreement cannot be reached concerning costs, BPL shall be under no
obligation to make these modules and applications available.
7. Colorado Library Privacy Rules Both Parties recognize that records and information
contained in the BPL computer system are subject to the privacy provisions of the Colorado
Library Act, Section 24 -90 -119 C.R.S., as amended. Both Parties agree to maintain in effect such
rules and procedures as are necessary in order to comply with those provisions.
8. Manipulation of and Access to Bibliographic Data During the term of this Agreement,
CL shall be allowed to manipulate and allow public access to the bibliographic data entered into
the Innovative system.
9. Annual Notice of Charges by BPL By May 1st of each year this Agreement is in
effect, BPL shall provide written notice to CL of the charges specified in this Agreement in
ATTACHMENT A which shall be in effect for the current calendar year. Upon advance
request, CL may, at a mutually convenient time or times, inspect those records of BPL which
reflect the content of such charges.
10. On -site Support CL shall seek on -site support from BPL technicians as stipulated in
ATTACHMENT B. These stipulations shall be in force from January 1 through December 31 of
each calendar year during this Agreement. BPL agrees to provide CL proposed changes in rates
and conditions by May I" of each calendar year for the ensuing calendar year commencing on
January I". Rats will be set at an hourly basis, and CL may stipulate each calendar year the
number of hours it requires. The rates for 2014 are shown in ATTACHMENT C. BPL reserves
the right to substitute a qualified outside contractor for a BPL technician solely at its discretion.
11. Charges Due and Payable All charges provided for herein shall be due and payable to
BPL within 60 days following receipt of a statement from BPL. If the charges due are not timely
paid, BPL, at its option, may cease all services and privileges hereunder until such charges are
paid.
12. BPL Obligation s . The obligations of BPL herein are contingent upon the continued
availability of its computer hardware and supporting Innovative Interfaces software. Should any
equipment within said system cease to operate properly, BPL shall not be required to allow CL
use of its system during the period if its equipment is not in good working condition. Should
software modifications or a program fix be required of BPL by Innovative Interfaces, BPL shall
not be required to allow CL use of the system while it is down, however, if the BPL system is
inoperable for more than a total of 14 calendar days in a year, CL shall receive a prorated credit
for its use charges for each day in excess of 14 days that the s ystem is down.
13. Cooperative Relationship The Parties intend to create and maintain an ongoing
cooperative relationship using BPL's current Innovative Interfaces system or such computer
system as BPL may develop or use in the future which, if feasible, will extend beyond the
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expiration of this Agreement. Each party shall keep the other fully informed, as promptly as
possible, of any developments which could affect the continuing cooperative relationship.
14. CL Expenses In no event shall BPL be liable for any sums expended by CL in order to
use the BPL's computer system.
15. Property Interests By the use of BPL's Innovative Interfaces system hereunder, CL shall
not acquire any property interest therein, except that BPL agrees to return to CL its informational
database at the termination of the Agreement.
16. Maintenance CL shall maintain its terminals, modems, and other equipment in good
repair solely at its own expense.
17. Vendor Confidentiality CL acknowledges that it has read the confidentiality provisions
of Sections 4.02 and 4.04 between Innovative Interfaces Systems, Inc. and BPL, attached hereto
as ATTACHMENT D, and agrees to abide by such provisions.
18. Notices All notices, demands, or other documents required or desired to be given, made,
or sent to either party under this Agreement shall be made in writing, shall be deemed effective
upon receipt, and shall be personally delivered, emailed or mailed, postage prepaid, as follows:
To BPL:
City of Boulder
Library and Arts Director
1001 Arapahoe Avenue
Boulder, CO 80302
Email: FamanD@boulderlibrary.org
To CL:
City & County of Broomfield
Director of Library Services & Cultural
Affairs
3 Community Park Road
Broomfield, CO 80020
Email: rdepp@broomfield.org
broomfield.org
The addresses for notices may be changed by written notice given to the other party as provided
above.
19. Modifications This Agreement embodies the complete Agreement between the Parties
and cannot be modified except by written agreement of the Parties, executed with the same
formality as this Agreement.
20 Paragraph Captions The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to define, limit, or
describe the scope or intent of this Agreement.
21. Additional Documents or Action The Parties agree to execute any additional documents
or take any additional action that is necessary to carry out this Agreement.
22. Integration and Amendment This Agreement represents the entire agreement between
the Parties and there are no oral or collateral agreements or understandings. This Agreement
may be amended on by an i nstrument in writing signed by the Parties. If any provision of this
greement is befdinvatid or unenforceable, no other provision shall be affected by such holding,
and all of the remaining provisions of this Agreement shall continue in full force and effect.
23. Waiver of Breach A waiver by any party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either party.
24. Governing Law This Agreement shall be governed by the laws of the State of Colorado.
25. Binding Effect This Agreement shall inure to the benefit of and be binding upon the
Parties and their respective legal representatives, successors, heirs, and assigns, provided that
nothing in this paragraph shall be construed to permit the assignment of this Agreement except
as otherwise expressly authorized herein.
26. Execution in Counterparts This Agreement may be executed in several counterparts,
each of which shall be deemed an original and all of which shall constitute but one and the same
instrument.
27. Financial Obligations of CL and BPL All financial obligations of CL and BPL under
this Agreement are subject to appropriation, budgeting, and availability of funds to discharge
such obligations. Nothing in this Agreement shall be deemed to pledge CL's or BPL's credit or
faith, directly or indirectly, to the other party.
28. No Presumption The Parties to this Agreement and their attorneys have had a full
opportunity to review and participate in the drafting of the final form of this Agreement.
Accordingly, this Agreement shall be construed without regard to any presumption or other rule
of construction against the party causing the Agreement to be drafted.
29. Severabilitv If any provision of this Agreement as applied to either party or to any
circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way
affect any other provision of this Agreement, the application of any such provision in any other
circumstances or the validity, or enforceability of the Agreement as a whole.
30. Execution required This Agreement shall not be binding upon any party hereto unless
and until the Parties have executed this Agreement.
31. Termination This Agreement may be terminated at any time by either party by giving
120 days written notice to the other party. CL shall pay BPL for work performed to the date of
delivery of the termination notice.
32. Minor changes T he Parties executing this Agreement are authorized to make non-
substantive corrections to this Agreement and Attachments, if any, as they consider necessary.
33. Good Faith of Parties In the performance of this Agreement or in considering any
requested approval, acceptance, or extension of time, the Parties agree that each will act in good
faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition,
or delay any approval, acceptance, or extension of time required or requested pursuant to this
Agreement.
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34. Survival of Obligations The obligations contained in this Agreement that are not fully
performed as of termination shall survive termination and shall continue to bind the Parties until
fully performed.
35. Parties not Partners Notwithstanding any language in this Agreement of any other
agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be
partners or joint venturers, and neither party shall be responsible for any debt or liability of the
other party.
[Signature page follows]
IN WITNESS WHEREOF, the Parties have duly executed this Agreement this
day of 41 /iA 2014. -
THE CITY OF BOULDER ° — �
�.�- 2-T_f
BY•'�.-- 1�.ex.�S � ��..J. to � mac City Manager
Manager
ATTEST:
By: e i
�GLlse - - ,
City Clerk
APPROVED AS TO FORM
tant City Attorney
THE CITY AND COUNTY OF BROOMFIELD
a Colorado municipal corporation and County
1-
` ndy Ahrens, Mayor
One Descombes Drive
Broomfield, CO 80020
ATTEST:
L ... !
APPROV AS TO FORM:
City & County Attorney
ATTACHMENTS
Attachment A: Cost Allocation
Attachment B: Services and Support Provided
Attachment C: Billing Rates
Attachment D: Confidentiality Provisions
J
.
SEAI, .., .
L ... !
APPROV AS TO FORM:
City & County Attorney
ATTACHMENTS
Attachment A: Cost Allocation
Attachment B: Services and Support Provided
Attachment C: Billing Rates
Attachment D: Confidentiality Provisions
ATTACHMENT "A"
COST ALLOCATION
Flatirons Library Consortium
2014 Cost Allocation for Innovative Interfaces and Related Expenses
Member Libraries:
Boulder Public Library
Louisville Public Library
Mamie Doud Eisenhower Public Library
Note # 1 - The intent of billing at mid -year is to try and give the best estimate of the actual costs.
This becomes our best guess of costs incurred and to be incurred in the calendar year 2013/14
Note # 2 - Formula for Cost Sharing
A= 33% of Circulation /Maintenance for each Library
B= 33% of Innovative Terminals in the Library
C= 34% of Total Volumes in the Library.
Section 1 - Calculation of Software Support Fees
Section 2 - Circulation Statistics
(Actual Circulation Figures from 0111113 to 12131113)
% of Total
Boulder
Monthiv
0.52681
Annual
Innovative Support Services Fee
1 761,9071
$
6,314.75
$
75,777.00
IUG Membership Fee
19.6387%
$
8.33
$
100.00
BPL Personnel Support
$
2,821.93
$
33,863.13
Administrative Overhead (5% of Support)
$
141.10
1 $
1,693.16
Cost
Life in Yrs
Server Replace/Migration Cost
$ 10,000.00
3
$
277.78
$
3,33333
Total Software Support
$
9,563.89
$ 114,766.61
Section 2 - Circulation Statistics
(Actual Circulation Figures from 0111113 to 12131113)
% of Total
Boulder
1 1,449,6791
0.52681
52.6763%
Mamie Doud Eisenhower
1 761,9071
0.27691
27.6850%
Louisville
1 540,4681
0.19641
19.6387%
Total Circulation: 1 2,752,054 1 1.0001 100.0000%
Section 3 - Number of Innovative Terminals
% of Total
Boulder
971
0.6139
61.3924%
Mamie Doud Eisenhower
351
0.22151
22.1519%
Louisville
26
1 0.16461
16.4557%
Total # of Terminals 1 1581 1.06001 100.0000,7
ATTACHMENT "A"
COST ALLOCATION
Section 4 - Number of Items
Totals taken on 12131113, do not include periodicals or "on- the -fly" materials
% of Total
Boulder
273,495
0.5071
50.7053%
Mamie Doud Eisenhower
181,0451
0.33571
33.5653%
Louisville
84,8421
0.15731
15.7295%
Total Number of Items 1 539,382 1 1.0000 100.0000%
Section 5 - Allocating Expenses by Sharing Formula
Factor % Boulder MDE Louisville
' 141
Circulation /Maintenance
1 0.331
0.17381
0.79
0.0648
# Terminals
1 0.331
0.20261
0.07311
0.0543
# Items
1 0.341
0.17241
0.11411
0.0535
Sa Total Annual % Cost Factors 1 54.88%1 27.86%1 17.26%
5b Annual Support Cost from Section 1 1 $114,766.611 $114,766.611 $114,766.61
Annual Allocated Support Cost: 1 $62,983.921 $31,973.981 $19,808.72
Section 6 - Other Costs - ( Allocation method noted)
54.41% 27.82% 17.76%
For your Reference - Previous Allocations:
Boulder
Broomfield
Louisville
Total
Syndetics Fees - Allocation by Circulation %
$2,295.10
$1,206.24
$855.66
$4,357.00
LIBTHING Fees - Allocation by Circulation %
$3,919.11
$2,059.77
$1,461.12
$7,440.00
EDIFACT Fees - Allocation by Circulation %
$0.00
$0.00
$0.00
$0.00
Prospector Charges - Allocation by Circulation %
$75,172
$32,476
$22,636
$130,285
Shared Maintenance
$6,426.50
$3.377.57
$2,395.92
$12.200.00
LTI Authority Control Billing
(Allocation based on Circulation, see Section #2)
$85,676
$37,371
$23,779
$146,826
i $3,650.681
$1,918.68
$1.361.041
$6,930.40
$159,129
2007
$105,015
$45,378
2014 Grand Total
1 $79,275.301
$40,536.241
$25,882.461
$145,694.00
54.41% 27.82% 17.76%
For your Reference - Previous Allocations:
BPL
MDE
LSV
TOTAL
2014
$79,275
$40,536
$25,882
$145,694
2013
$80,154
$35,666
$24,290
$140,110
2012
$83,058
$34,883
$25,377
$143,318
2011
$75,172
$32,476
$22,636
$130,285
2010
$81,931
$35,134
$23,563
$140,628
2009
$85,676
$37,371
$23,779
$146,826
2008
$93,806
$39,862
$25,461
$159,129
2007
$105,015
$45,378
$28,664
$179,057
2006
$100,927
$44,176
$27,055
$172,158
2005
$104,156
$37,902
$25,027
$167,085
2004
$97,681
$37,264
$21,223
$156,168
2003
$105,079
$40,648
$29,076
$174,803
2002
$105,345
$37,031
$26,612
$168.988
2001
$86,606
$25,302
$22.286
$134,194
2000
$105,013
$26,099
$24,390
$155,502
1999
$142,182
$33,964
$30,563
$206,709
ATTACHMENT B
SERVICES AND SUPPORT PROVIDED
City and BPL shall provide local and wide area network configuration and support;
network routing, network security, PC configuration and installation relating to Innovative
Interfaces clients; file server configuration and installation on all library computers.
Troubleshooting of integrated library system software and associated hardware problems is also
supported.
Routing and Firewall tables for CL devices accessing BPL Networks shall be maintained
by BPL. Any hardware or software upgrades required by the manufacturer to maintain security
shall be provided by BPL in at imely fashion. Any cost associated by new hardware and
software shall be borne by CL. BPL will not charge for any configuration time associated with
these required upgrades.
HOURS OF ON -SITE SUPPORT PROVIDED
BPL shall provide site support at CL from BPL eServices staff members on an on -call
basis to maintain functionality of the integrated library system, implement upgrades and
improvements to the system through the City "Helpdesk" at the agreed hourly rate. Additional
hours may be scheduled in advance at this rate by written request and consent of BPL. BPL shall
bill CL at the end of every quarter.
Generally, only scheduled work time at CL site shall accrue hourly costs. In the event
that an on -site visit is necessary BPL or City employees will charge the CL site `portal to portal',
or beginning when the staff person leaves BPL enroute to CL and continue until the staff person
would have returned to BPL. Applicable mileage costs may apply as well. Normal day -to -day
"Helpdesk" trouble - tickets received by City for the library and that can be handled without a site
visit shall continue to be without charge
HOURLY RATE
The hourly rate for shall be that rate stated in "ATTACHMENT C" and shall be reviewed
each calendar Year.
MILEAGE REIMBURSEMENT
The current mileage rate is specified in "ATTACHMENT C" and shall be reviewed each
calendar year.
ITEMS COVERED
CL Library Staff Workstations. BPL will provide support of all current Innovative
Interfaces software packages, inclusive of installation, troubleshooting and upgrades. Wherever
possible, BPL will install required upgrades to Innovative Interfaces Software. However, if an
Innovative product is not in full (non -Beta) release, BPL will advise and consult with CL as to
the feasibility of such an upgrade. It will advise CL IT Staff on any Operating System issues that
effect Innovative Interfaces products. BPL will also support network and routing issues affecting
Innovative Interfaces software products running on CL Library Staff workstations. Wherever
possible, BPL will advise CL on suggested updates and or common practice issues.
DATA COMMUNICATIONS
The mode of data communication selected by CL to access the Innovative Interfaces Server in
BPL shall be provided by CL. In the event of required troubleshooting access to data
communication equipment or data lines located in BPL's buildings, BPL will facilitate access to
third party contractors or authorized data communication carriers to conduct troubleshooting,
repair or replacement of CL equipment, in consultation with CL.
BPL will support attached receipt printers, in conjunction with Innovative Interfaces
software modules.
ITEMS NOT COVERED
CL Patron Workstations. BPL provides neither support nor network routing or security
for these designated workstations.
BPL will not support networked printing devices.
Specialized programming by BPL employees or BPL Contractors is not included in this
agreement. CL may negotiate said services by separate agreement.
BPL's support shall not include any facilities or equipment maintained by the City and
County of Broomfield Information Technology Division.
BPL will not provide IT support for any software or devices that are not directly related
to the function or operation of the integrated library system or any third -party software added to
the system.
ATTACHMENT C
HOURLY RATES
The hourly rate for Computer Services Staff shall be $42.00/hour for the period January
1, 2014 through December 31, 2014.
The mileage reimbursement rate shall be $0.555 per mile from January 1, 2014 through
December 31, 2014.
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ATTACHMENT D
CONFIDENTIALITY PROVISIONS
Excerpts from Signed Contract between BPL and Innovative Interfaces, dated 7/15/1999
4.02 Innovative Interfaces shall retain ownership of the Software and all modifications thereto,
including new development. Each licensed Software product, and all reproductions, corrections,
modifications, enhancements and improvements thereof, provided by Innovative Interfaces to
the Library, are the exclusive and proprietary property of Innovative Interfaces. Title and full
ownership rights in all licensed Software products and all reproductions, corrections,
modifications, enhancements and improvements, and all related patent rights, copyrights, trade
secrets, trademarks, service marks, related goodwill and Innovative Interfaces' intellectual
property are reserved to and shall remain proprietary to Innovative Interfaces. The Library shall
not remove or destroy any copyright, trade secret, proprietary or confidential legends or
markings placed upon or contained or embedded within any licensed Software products and
related materials.
4.04 The Library agrees to keep confidential all material and documentation relating to the
Software and any modification thereto. The Library will not make available or distribute any
program code or description associated with the INNOPAC System in any form whatsoever to
third Parties, without the prior written approval of Innovative Interfaces
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