HomeMy WebLinkAboutbocc.con.108.2012 Rev. 08-30-11 jls
lirCOUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: /0 k . .a 1 al-
ORIGINATING DEPARTMENT: L, 6 rq 1/
PROCUREMENT OFFICER: Y4 1/4/41 d t r PHONE#: q?O `114.?-15Y 0
PROJECT NAME:C(1 MO ate! CONTRACTOR: a ri o 7
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DOLLAR AMOUNT:b 4 ,7 LINE ITEM# to • O " v O V
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CONTRACT EXECUTION DATE: 'f/s/i). CONTRACT END DATE: I q3 0 S
AUTOMATIC RENEWAL: [ YES ❑NO TERM: f )( ear S
❑ BOCC AGENDA ITEM(Grants,IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
OVER$50,000(Requires Section Leader&County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None ❑Informal ❑Formal ole Source ❑Emergency ❑Outside Agency/State Bid
❑Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
IU ' - -c--
SServices/Maintenance
CI Employment
❑License/Use ❑Intergovernmental Agreement(Resolution Required)
❑Lease ❑Non-Profit
❑ Construction ❑Quasi-Public(e.g.-AVH)
❑Goods,Equipment,Supplies ❑ Grant Agreements(Notify Finance&Resolution Required)
❑Other(e.g.revenue) ❑Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ o Pages Missing ✓ All Other Blanks Filled In
✓ f Page Left Intentionally Blank—Note on Page ✓ All Exhibits Attached
✓ 1E1 age numbered consecutively ✓❑All Legal Descriptions attached(If applicable)
✓ [WAR Original Signatures Affixed ..(0 Notice of Award/Notice to Proceed Attached(if applicable)
v/ [ AII Dates Filled In ✓❑Warranty(if applicable)
✓ ❑ cial Instructions for Finance Department: �1/ (� /� /�e I-
✓ Authorized Procurement Officer's Name: /Q Y. I ee/1 L�(/� tl.
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
i
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��r, ' I Rev 8.25.11 jaa
Contract# c G) f 3) C
Budget Line Item# ! j j_ 0-dJ��0 U
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: April 5, 2012
FROM: Kathleen Chandler, County Librarian
Proposed Contractor: Marmot Product/Service: Provide Computer Services
Estimate expenditure for the above construction service: $ 92,767
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer,no regional distributor, standardization etc):
Explain: Marmot is a consortium of small public and academic libraries. These libraries elect a governing
board of librarians to oversee Marmot's operations. Marmot provides staff, computers, and
software to provide automated library operations that maintain an on-line union catalog,patron
registration and circulation files, and other functions needed to make available automated access
to our library's holdings as well as the holdings of other libraries in the state. Centralization of
the services Marmot provides allows our library to maintain a public and staff computer network
of more than 70 computers at a reasonable price with fast turn-around when repairs are needed.
Marmot provides a portal to the Front Range libraries' catalog,Prospector, and it is important to
note that 28,000 items came and went through this library last year to help fill requests for
library materials for our library users and for the use of people at other libraries throughout the
state. This is the only way we could make these services and resources available at such a
reasonable cost.
The undersigned requests that Pitkin County waive other proc -ment requir- - is and recognize this
transaction as a sole source exception to the Pitkin Cou nt� . roc rement •de.
/
Department Head Date Section Head — Date
Approved Denied Reason for Denial:
Jon Peacoc , ounty Manager Date
1
Services Contract# /(D �-2-60000--f---..). ef)--3 0 Rev.8.26.11 J aa/J e
Budget Line Item#
Procurement Checklist
SERVICE CONTRACTS -$50,000 and Over
Weed spraying, tree trimming, landscaping, consulting, mailing, interne services,
haulers, testing,professional services, processing, annual routine services.
Initial or Date below that you have completed each task:
t Oorbtain budget and approval for Service
l/ Obtain contract number from clerk's office
Request assistance of Procurement Team members by emailing procurement help@co.pitkin.co.us
Determine scope of work and criteria for selection
If this is a new service provider/contractor for Pitkin County, contact Human Resources to
conduct a verification of independent contractor status: Please note Human Resources
needs two business days for this review.
Determine selection method and begin completion of required forms for procurement file
• outside agency bid; • sole source
• emergency; • other exception(Section 1-102(3)of the Procurement Code)
• RFP (complete below tasks)
o pick a Project Team and/or Selection Committee
o review and compose the RFP that fits your the required Service(anything in red can be
changed to fit specific needs—make sure that all red areas are completed and comments are removed
from final document before distributing)
o Advertise service through the Public Relations staff and post on the County RFP website,
or applicable publications and newspaper, and distribute to applicable service provider-
compile distribution list for procurement file.
o publicly open proposals,reading name only
o proposals scored by selection committee(keep summary in file)
t/Select and notify proposer and complete necessary forms
• For new service providers or providers who use a social security number for taxpayer
identification, Finance will need a completed W-9 before any invoice will be paid.
• Work Comp waiver form, when needed
%repare written contract and include scope of work, attachments and send to Vendor for signature.
Aend Unsuccessful Bidder Letter to other bidders—keep copy in file
1
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Services Contract#` O ' ` ��� / J-4 ° Rev.8.26.11 jaa/js Mr
Budget Line Item#/, 40 , 0 `�
Receive contract with required signature along with certificate of insurance and routed to the
n cessary internal staff(Manager, Section Leader and County Manager) for signature.
If Service is within budget - forward the Contract to County Manager for signature. County
Manager wants to have a few days to review and sign contract; plan accordingly. The Clerks
Cover Sheet must be attached to the Contract along with all exhibits and attachments required
by the contract.
NOTE:
✓ If purchase is over budget by 10%or$25,000, (single or cumulative) whichever is less,
or the scope changes significantly, a Budget Supplemental will need to go to the BOCC
for approval before service is completed or contract is signed.
✓ If using the standard Contract forms without any changes there is no need for Risk or
Attorney signature. If anything non-standard (changes to anything that is not red) is in
the Contract you must add Risk and Attorney to signature page of Contract. Expect up to
30-days for review period for both Attorney and Risk for non-standard contracts.
Original contract along with Clerk's Contract Cover Sheet with all signatures and attachments
to Clerk's Office (Jeanette Jones) for scanning.
Contract Change Orders/Amendments must also be sent to Clerk's office with the Clerk's
Contract Cover Sheet for scanning- please use the same contract number followed by
sequential letter A,B, C, etc.
Oversee service with progress payments as approved and paid, if applicable. Progress
payments should reflect% complete(if applicable and stated in Contract).
Ensure all services have been satisfactorily completed and deliverables received before
authorizing final payment.
Final invoice received by Finance, approved by procurement officer and paid by Finance.
THIS CHECKLIST MUST BE ATTACHED TO THE CONTRACT FOR COUNTY
MANAGERS USE WHEN REVIEWING AND SIGNING ALL FORMAL CONTRACTS.
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c"Contract# D-
Rev 8.25.11 jaa
Budget Line Item#W 6.2 Q v o r�
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
•
2
MARMOT LIBRARY NETWORK
SERVICE AGREEMENT WITH THE PITKIN COUNTY LIBRARY
This Marmot Library Network Service Agreement ("Agreement") is made by and between Marmot
Library Network, Inc. with offices in Grand Junction, Colorado, hereinafter referred to as "Marmot"
and the Pitkin County Library with offices in Aspen, Colorado hereinafter referred to as
"Member."
RECITALS:
A. Member is a Public Library college with i library location(s)in Aspen, Colorado.
B. Marmot is the administrator for the Marmot Library Network linking member libraries.
C. The parties are desirous of entering into an agreement defining the services to be provided
by Marmot to Member, the cost thereof, and the rights, duties, and obligations of the
respective parties with respect to the Marmot Library Network.
In consideration of the foregoing and in further consideration of the price to be paid for the services
rendered,the parties agree as follows:
1. Definitions.
a. "Member" shall include Member's branch locations, if any, provided that no
operations located at a branch location constitute a separate legal entity apart from
the Member.
b. "Network Node" is either A) One telecommunications link to the Marmot Library
Network by a dedicated circuit administered by Marmot; OR B) an internet data
connection administered by Member.
c. "Access Session" is the unit by which multiple simultaneous library staff users are
measured, limited, and licensed. Each Network Node supports multiple Access
Sessions on the Marmot Library Network.
d. "Enrichment Data" means the form and content licensed by Marmot to be gathered
from web services and displayed in the online public access catalog along with the
Member's own catalog data.
e. "Enrichment Services" means the services by which the Enrichment Data is
delivered to Member, including any software contained therein.
f. "Enrichment Providers" include,but are not limited to such organizations as EBSCO
(NoveList), Bowker (Syndetics), Amazon, OpenLibrary, Googlebooks, and
Wikipedia. The list of Enrichment Providers may change from time to time. Marmot
maintains licenses as appropriate, and passes specific terms and conditions to
Member as required. In the event Marmot changes any of the Enrichment Providers,
this Agreement shall apply to all new or substituted Enrichment Providers.
2. Marmot's Scope of Services. Marmot will provide the following services to Member:
a. Operate and maintain the Marmot Library Network computer systems;
b. Maintain, revise, and upgrade the Marmot Library Network computer hardware and
installed software;
c. Provide user support to include trouble shooting, system analysis,and development;
d. Train Member employees as often as needed and as scheduled by mutual agreement;
e. Inform Member of its responsibilities for the purchase of terminal equipment and
materials required and specified by Marmot to connect to the Marmot Library
Network. At Member request, Marmot will broker the purchase of terminal
equipment and materials according to the standard fee schedule (Attachment B) or
of other equipment and materials as mutually agreed;
f. Install and maintain Marmot administered telecommunications service for Network
Nodes, as provided for in Attachment A, including telecommunications hardware
and equipment; OR Configure the Marmot Wide Area Network (WAN) to accept
user connections over the internet where Member opts to use its own Internet
Service Provider instead of Marmot-administered telecommunications service;
g. Provide Software Access Sessions to the Marmot Library Network as provided for
in Attachment A;
h. Provide an optional equipment maintenance service to Member for microcomputer
workstations, printers, bar code readers, and other equipment as provided for in
Attachment A;
i. Deliver reports in print or electronic format;
j. Load and create bibliographical and holdings records,including branch locations, for
all the cataloging provided for in Attachment A; and
k. Provide access to the software and databases provided for in Attachment A.
3. Member's Obligations. Member shall:
a. Purchase its own workstations, cables to Network Nodes, bar code readers, bar
code labels and other equipment and materials;
b. Assume responsibility for all ongoing cataloging and retrospective conversion of
local library collections;
c. Prepare all materials to accommodate use with the Marmot Library Network;
d. Maintain its own database records;
e. Follow trouble shooting procedures and emergency/downtime contingency plans
provided by Marmot;
f. Identify contact person(s); and
g. Follow Marmot policies and procedures posted at
http://www.marmot.org/node/42.
4. Cost of Services, Equipment and Materials. Member shall pay Marmot the fees for
service and purchase prices for equipment and materials as provided for in Marmot's
standard fee schedule, as outlined in Attachment B. Marmot may at any time, in its sole
discretion, increase or decrease the fees for service and purchase prices for equipment
and materials. Each addition or revision shall be effective at such time specified by
Marmot,which will be at least thirty(30) days after Marmot gives written notice of such
increase or decrease. As required by Marmot bylaws, price changes are approved by the
Marmot Executive Board. In the event Marmot increases any prices or charges under the
Agreement,Member may, at its option and without liability,terminate the Agreement by
giving ninety(90)day written notice to Marmot.
5. Time of Payment. Marmot shall bill Member on a quarterly basis, in advance. Each
quarterly billing shall be in an amount equal to one-fourth(1/4)of Member's total annual
service and maintenance fees as determined pursuant to paragraph 4 above. Marmot
shall bill Member for the purchase price of equipment and materials when such are
delivered to Member.
In the event Member should request additional Network Nodes or Access Sessions for
the Marmot Library Network during any term of this Agreement, then Member's cost of
services shall be prorated from date of access and a billing sent to Member.
All payments by Member to Marmot shall be due within thirty (30) days of the date a
billing is delivered. Marmot shall bill Member late payment fees at the statutory rate of
8%per annum.
Member may withhold any payment in whole or in part for products/services found by
Member to be defective, untimely, unsatisfactory, otherwise not conforming to the
description, or not in accordance with all applicable warranties, laws, ordinances, rules
and regulations. Payment or acceptance/use by Member shall not be deemed a waiver or
settlement of any defect or nonconformity in the products/services.
6. Default in Payment. Should Member fail to make any payment due to Marmot within
the period set forth in paragraph 5, Marmot shall give Member written notice of such
default in payment. If Member fails to correct the default within thirty(30)days after the
date of such written notice, Marmot shall have the right to discontinue services to
Member and enter upon the premises of Member, if necessary, to remove Marmot's
electrical and telecommunications equipment and wiring necessary to disconnect
Member from access to the Marmot Library Network. Marmot may only enter
Member's facilities to disconnect or remove its equipment upon reasonable advance
notice, at a time that is mutually convenient to the parties and which will be minimize
disruption of Member's operations. The discontinuance of services hereunder shall not
relieve Member from liability for payment for services previously provided or for
payment for any equipment and materials ordered by Member. In addition, Member
shall also pay all costs associated with removal from the Integrated Library System and
termination of the telecommunication circuits including, but not limited to extraction of
records, deletion of scopes, disconnect fees and Marmot staff time, in accordance with
the fee schedule in Attachment B,as it may be amended.
7. Term and Renewal of Agreement. The initial term of this agreement shall begin on
January 1, 2012 and shall expire on December 31, 2012. Notice of annual pricing will
be distributed to the membership on or before September 1 of each calendar year and
renewal contracts will become due on September 30 of each year. Notice of non-
renewal must be given in writing ninety (90) days prior to expiration of the existing
contract. All the provisions of this Agreement shall remain in full force and effect
during any renewal term. The following table makes these terms clear
Initial Term: January 1, 2012 December 31, 2012
Automatic Renewal 1: January 1, 2013 December 31, 2013
Automatic Renewal 2: January 1, 2014 December 31, 2014
Automatic Renewal 3: January 1, 2015 December 31, 2015
8. Termination. Upon termination, pursuant to paragraphs 6 or 7 above, Marmot may only
enter Member's facilities to disconnect or remove its equipment upon reasonable
advance notice, at a time that is mutually convenient to the parties and which will be
minimize disruption of Member's operations. Member shall pay all costs for services
rendered up to the effective date of termination and shall pay Marmot for all equipment
and materials ordered by Member. Member shall also pay all costs associated with
removal from the Integrated Library System and termination of the telecommunication
circuits including,but not limited to extraction of records, deletion of scopes, disconnect
fees and Marmot staff time, in accordance with the fee schedule in Attachment B, as it
may be amended.
9. Warranty, Warranty Disclaimer, and Limitation of Liability.
a. Marmot warrants that it owns or has rights to use all assets, including software,
hardware and equipment, necessary for the operation of the Marmot Library
Network. It is expressly agreed that there is no warranty of merchantability or
fitness for a particular purpose, expressed or implied, by Marmot with regard to
any software used in connection with the Marmot Library Network. Any
workstations or peripherals that Marmot purchases on behalf of, and delivers to,
Member immediately become the property of Member, and come with whatever
warranty is provided by each manufacturer. Marmot does not manufacture,
assemble, or warrant hardware procured on behalf of Member. Marmot does agree
to perform the services contemplated by this Agreement to the satisfaction of
Member and with the standard of care and skill of an expert regularly rendering
services of the type required by this Agreement and in conformance with
applicable law. Marmot shall not be liable for any direct, special, or consequential
damages arising out of this Agreement, by use of the hardware or software by
Member or the Marmot Library Network.
b. As to the Enrichment Data and the Enrichment Services, Marmot makes no
warranties, express or implied, and expressly excludes all warranties of
merchantability and fitness for a particular purpose. Marmot makes no warranties
or representations regarding the accuracy, adequacy, or completeness of the
Enrichment Data or the Enrichment Services. In no event shall Marmot be liable
for any indirect, incidental, special, or consequential damages arising out of the
use of or inability to use the Enrichment Data or Enrichment Services.
c. All rights in Cover Images are reserved by the original copyright owners. Cover
Images are provided "as is," and with all faults, without warranty of any kind.
without limiting the foregoing, as to cover images, Marmot expressly disclaims
any and all warranties, whether express, implied, or statutory, including without
limitation any warranties of title,noninterference, non-infringement, informational
content,merchantability and fitness for a particular purpose.
10. Excusable Delays. The parties shall use their best efforts to perform their duties under
this Agreement in a timely fashion. However, the obligation of a party shall be
postponed automatically if the party is prevented from meeting its obligation by reason
of any causes beyond its reasonable control, except the obligation to make payment as
provided in paragraphs 4, 5 and 6, provided the party prevented from rendering
performance notifies the other party immediately and in detail of the commencement
and nature of such a cause and the probable consequences thereof, and provided that
such party uses its best efforts to render performance in a timely manner utilizing to such
end all resources reasonably required in the circumstances, including obtaining supplies
or services from other sources if same are reasonably available.
11. Enforcement. The prevailing party in any litigation concerning this Covenant shall be
reimbursed by the other party for all costs and expenses incurred in such proceeding,
including reasonable attorneys' fees. Litigation arising out of any dispute concerning
the Agreement shall be brought only in PitkinCounty, Colorado.
12.Notices. All notices required or provided herein shall be in writing, and shall be
addressed to the party to whom said notice is directed and shall be deposited in the
United States mail, certified mail,return receipt requested, with postage prepaid thereon.
Such notice shall be effective on the date of receipt.
13. Waiver.Any waiver by either party of any provision of this Agreement shall not imply a
subsequent waiver of that or any other provision.
14. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original and all of which together shall constitute the same instrument.
15. Public Contracts For Services. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or
fund management services, sponsored projects, intergovernmental agreements, or
information technology services or products and services] Contractor certifies,
warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States
to perform work under this contract, through participation in the E-Verify Program or
the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor
shall not knowingly employ or contract with an illegal alien to perform work under
this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract. Contractor(a) shall not use E-Verify
Program or Department program procedures to undertake pre-employment screening
of job applicants while this contract is being performed, (b) shall notify the
subcontractor and the contracting State agency within three days if Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal
alien for work under this contract, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5),
by the Colorado Department of Labor and Employment. If Contractor participates in
the Department program, Contractor shall deliver to the contracting State agency,
Institution of Higher Education or political subdivision a written, notarized
affirmation, affirming that Contractor has examined the legal work status of such
employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS
§8-17.5-101 et seq., the contracting State agency, institution of higher education or
political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
16. Relevant Colorado Laws
Financial obligations of Member payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made
available. The parties acknowledge that appropriation of moneys by Member is a
governmental function which Member cannot contractually commit to in advance and
that this Agreement does not constitute: (i) a multiple fiscal year direct or indirect debt
or fmancial obligation; or (ii) an obligation payable in any fiscal year beyond the fiscal
year for which funds are lawfully appropriated; or(iii) an obligation creating a pledge of
or a lien on Member tax or general revenues. In the event Member's board does not
approve an appropriation of funds at any time during the term of this Agreement for any
payment due or to become due for a fiscal year during the term of this Agreement,
Member shall have the right to terminate the Agreements on the last day of the fiscal
period for which sufficient appropriations were received, without penalty or expense.
Member may terminate this Agreement by giving notice in writing that (a) funds have
not been appropriated for the fiscal period, and (b) Member has exhausted all funds
legally available for the payment."
Insert
"Marmot understands that certain information, including the Agreement and all Exhibits
thereto, are public records available for public inspection and copying under the
Colorado Public Records Act., C.R.S. §§24-72-201,et seq. and other applicable laws."
Insert
"No term or condition of the Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq."
17. Independent Contractor Role. Marmot shall perform its duties hereunder as an
independent contractor and not as an employee. Neither Marmot nor any agent or
employee of Marmot shall be deemed to be an agent or employee of Member.
18. Use of Intellectual Property. By signing below, Member agrees and acknowledges that
the collection, creation, and arrangement of the Enrichment Data offered by Enrichment
Providers constitutes intellectual property wholly owned by Enrichment Providers
and/or their licensors. While it is understood that the Enrichment Data will be publicly
available on open electronic networks, Member will use the Enrichment Data only for
the intended purpose of augmenting Member's library online public and student access
catalog and web site.
19. Proprietary Rights. The Enrichment Data and Enrichment Services made available to
Member under this Agreement are protected by copyrights, trademarks, trade secrets, or
other proprietary rights. Member acknowledges that Enrichment Providers, their
licensors, or both own all right, title and interest, including, without limitation, the
copyright, in and to the Enrichment Data and the Enrichment Services and all
components thereof. The copyright and title to all property interests in or to the
Enrichment Data and the Enrichment Services are and shall remain in Enrichment
Providers, their licensors, or both as owner and this Agreement shall not grant to
Member, or any Member affiliate or agent, or any Member patron, student, volunteer,
employee or user, any right of ownership therein. Member warrants and represents that
Member and Member's patrons, students, volunteers, employees, users and agents shall
not modify,remove, delete, augment, add to,publish,transmit,participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the Enrichment
Data or the Enrichment Services, in whole or in part. If no specific restrictions are
displayed, Member and users of the Enrichment Services may make copies of select
portions of the Enrichment Data,provided that the copies are made only for personal use
and any notices contained in the Enrichment Data, such as all copyright notices,
trademark legends, or other proprietary rights notices are maintained on such copies.
Except as otherwise permitted in this Agreement or as permitted by the fair use privilege
under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), neither Member nor
users of the Enrichment Services may upload, post, reproduce, or distribute in any way
Enrichment Data protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety right.
20. Indemnification.
Except as may otherwise be excluded from Marmot's liability under this Agreement,
Marmot shall defend, hold harmless and indemnify Member, its officers, directors,
employees, agents and attorneys, for, from and against any and all claims, demands,
suits, fines, penalties, costs, expenses (including, without limitation, reasonable
attorney's fees), and losses of every nature whatsoever, ("Marmot Damages") resulting
from or caused by the negligence or fault of Marmot or its employees and agents and/or
for Marmot's breach or violation of any of Marmot's representations, warranties,
covenants or agreements contained in this Agreement.
21. Severability. If any_provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective during the term hereof, such
provision shall be fully severable and this Agreement shall be construed and enforced
as if such illegal, invalid or unenforceable provision never comprised a part hereof;
and the remaining provisions hereof shall remain in full force and effect and shall not
be affected by the illegal, invalid or unenforceable provision or by its severance
herefrom. Furthermore, in lieu of such illegal, invalid or unenforceable provision,
there shall be added automatically as part of this Agreement a provision as similar in
its terms to such illegal, invalid or unenforceable provision as may be possible and be
legal, valid and enforceable.
22. Amendment. Except with respect to Attachment B which may be amended by Marmot
in its discretion,this Agreement may be amended,modified or supplemented only by an
instrument in writing executed by the parties hereto. In the event Marmot increases any
prices or charges under the Agreement, Member may, at its option and without liability,
terminate the Agreement by giving ninety(90) day written notice to Marmot.
23. Assignment. Neither this Agreement nor any right created hereby shall be assignable by
either party without the consent of the other party.
24. Attachments. The provisions of the following attachments are included as part of this
Agreement:
A. Marmot Provided Services
B. Fee Schedule
C. Workstation Maintenance Agreement
25. Entire Agreement. This Agreement contains the entire agreement of the parties. There
are no other agreements between the parties. No modification, alteration, or amendment
of this Agreement shall be effective unless reduced to a writing signed by both parties
hereto; with the understanding the Attachment B may be revised from time to time at
the discretion of Marmot. In the event Marmot increases any prices or charges under
the Agreement, Member may, at its option and without liability, terminate the
Agreement by giving thirty (30) day written notice to Marmot. This Agreement shall be
binding on the parties hereto and their successors; provided, however, that this
Agreement may not be assigned by either party without the written consent of the other
party.
26. Effective Date of Agreement. This Agreement shall be effective as of January 1,2012.
Pitkin County Library
MARMOT LIBRARY NETWORK,INC.
By: / / By:
Title: 0. 1 J ittnrilw Title: PC r' b'—
Date: ,.; t `t/ Q20.— Date: S /+20✓� / 2O/ ?. -
10
Attachment A.Marmot Library Network and Pitkin County Public Library
Marmot services
Marmot shall provide services contracted below according to the fee schedule in attachment B.
Subscribed Services as of 4/5/2012 (Subject to change)
HOSTED ILS SERVICES Units Price/Unit Annual_
Basic System' 1 $6,000 $6,000
Staff Sessions 16 $2,370 $37,920
Sip2 for third party self-check and other Sip2 appliances 3 $1,000 $3,000
InnReach (Prospector)2 $4,353 N/A
Gold Rush 1 $2,000 $2,000
Overdrive collection developments 1 $3000 $3,000
INTERNET SERVICES
Telecom Service for each additional circuit 2 . $565 $1,130
Web site hosting per member library 1 $220_ $220
Web site hosting per website 1 $110_ $110
Domain hosting 3 $20 $60
LOCAL AREA NETWORK(LAN)
IP Address per workstation, server, or other device 81 $163 $13,203
PC Reservation and Print Management
PCRes Management console software per site 1 $300 $300
PCRes workstation software per client 24 $20 $480
Wireless Access(WIFI)
Standard Wireless Service per site 1 $250 $250
WiFi service (with dedicated circuit) 1 $837 $837
Wireless access point 2 $250 $500
Equipment Maintenance
Workstation Maintenances 69 $510 $35,190
Server at Library 1 $510 $510
Shared LAN Server(Domain Controller) 0 $510
TOTAL YEARLY COST $104,710
1 Basic System includes: Circulation, Cataloging, Acquisitions, Serials, Reports, Training,
WAM, Catalog Enrichment, shared OverDrive collection, unlimited VuFind OPAC, one (1)
WAN Access or WAN Telecom Service, one (1) staff session, Council Seat, Continuing
Education, Participation in Task Forces& Marmot User Group.
2 The INN-Reach(Prospector) subscription is OPTIONAL. It includes membership in a regional
union catalog and resource sharing system hosted by the Colorado Alliance of Research
Libraries. It does not include full membership in the Alliance. Members joining Marmot before
2010 are vested and are not invoiced for INN-Reach.
3Gold Rush is an optional service and is included in the annual service fees for member.
4Sumon Journal Discovery is an optional service and is invoiced separately.
5Overdrive collection development is on library contribution and is invoiced separately.
Attachments 1 of 3
6Workstation Maintenance is an optional service and is included in the annual service fees for
member.
Payment Schedule
An invoice for annual support& maintenance will be issued annual or quarterly based on library
preference. Subsequent quarterly invoice amounts will depend on specific quantities and services
that may be ordered by Member.
MEMBER MARMOT LIBRARY NETWORK
Initials Initials
Date 4,0 111 ?(Z Date S• 20/Z
Attachments 2 of 3
(�
Attachment B,Marmot Library Network and PITKIN COUNTY LIBRARY
Marmot posts a current fee schedule(approved by the Marmot Executive Board)on a members-
only page of the Marmot web site www.marmot.org/node/4. Each year the updated fee schedule
automatically becomes this Attachment B.
MEMBER MARMOT LIBRARY NETWORK
Initials 1 Initials
Date_,,1 t J f Z Date 4✓'5-•2°17--
Attachments 3 of 3
Attachment C. Marmot Library Network and Pitkin County Library
Marmot Library Network
Workstation Maintenance Agreement
This is an explanation of services provided by Marmot Library Network for the annual fee according to
attachment B. It also contains the explanation of Extended Technical Services(ETS)and services that
are not performed by Marmot Library Network.
The following will be the responsibility of the Library
1. Assist Marmot staff in diagnosing issues and performing general tasks requested by Marmot staff
to repair equipment or software.
2. Maintain backups of all personal data stored on workstations. (Marmot is not responsible for lost
data)
3. Provide reasonable security and protection for the hardware to prevent theft and malicious
damage.
4. Maintenance of software not normally supported by Marmot(unless ETS requested).
5. Routine workstations relocation (i.e. moving desks) (unless ETS requested).
6. Act as an intermediary between Marmot staff and patrons.
Regarding new hardware installations:
1. Staff are responsible for backing up data and settings in preparation for a replacement computer
(or ETS may apply).
2. Staff are responsible for re-installing unsupported software (or ETS may apply).
Section A. Standard service provided by Marmot(covered in annual fee)
1. Workstations and Servers purchased from Marmot including hard drives, Power supplies, Optical
drives, Removable disk drives, add on cards, peripherals (keyboards, mice, monitors)will be
maintained. This includes installing, Troubleshooting, repairing, and warranty work(if applicable).
2. Base Software installed on hardware by Marmot staff including, but not limited to: Operating
system, productivity software, anti-virus, remote administration software, Internet browser, and
any Marmot supported software (software list based on Maintenance Task Force
recommendations).
3. Basic remote assistance installing and troubleshooting non-Marmot software/hardware (ETS
applies after 30 minutes per project).
4. Install printers on workstations
5. Troubleshooting and warranty replacements will be handled on Peripherals purchased through
Marmot including but not limited to: Bar code readers, scanners, receipt printers, printers,
switches, wireless equipment, etc.
6. Extensive facility relocation and IT planning (i.e. new library, remodels).
7. Configure Servers for:
a. File sharing/storage.
b. Staff maintained backup rotation
Section B. Extended Technical Service(ETS) provided by Marmot(additional fees apply)
1. Offsite backup management
2. Extensive installation and troubleshooting of unsupported software/hardware.
3. On-site installation and troubleshooting of unsupported software/hardware
4. Configure Servers for extra services, such as database hosting.
5. Other special projects as negotiated by Library and Marmot staff.
6. Hardware upgrades
Section C. Services not performed by Marmot.
Agreement PC Maintenance 1 of 2
1. Infrastructure installation Including, but not limited to, network, speaker, phone, and electrical
cabling.
2. Building, moving, or modifying furniture.
3. Warranty of physically damaged hardware(repair will be done at cost of parts).
4. Troubleshooting patron devices, computers, etc.
5. Force majeure(repair will be done at cost of parts).
Section D.Workstations from date of purchase are covered under a 3 year manufacturer's
warranty, beyond which,the workstation is covered under a 3 year limited Marmot warranty (labor
and limited parts only).
1. If in Marmot's estimation the time and materials needed to repair an older workstation is
excessive, the workstation will not be repaired. Marmot will replace disk drivers, removable
media drives, power supplies and like components as part of the maintenance agreement.
Marmot will not replace mother boards, CPUs, and physical enclosures as part of this agreement.
Marmot will determine if the system memory could be replaced at a reasonable cost.
2. Marmot will ship a "loaner"workstation to the library for their use while the defective workstation
is repaired at the Marmot office. The"loaner"will be a basic staff or public workstation with an
operating system, Internet Explorer, Adobe Acrobat, anti-virus protection, and if needed, Ill client
software. The"loaner" may or may not be of the same quality as the defective workstation and
will not contain additional programs (office productive) or functionality.
3. The library will swap the defective unit with the loaner and repackage the defective unit in the
same shipping container. Marmot will issue a pickup order.
4. Marmot will repair the defective unit and ship the repaired unit to the library. When the repaired
unit arrives, the library will swap the"loaner"for the repaired workstation and repackage the
"loaner" in the same shipping container. Marmot will issue a pickup order.
5. When possible, Marmot will try to preserve programs and data that were loaded on the defective
workstation. However, it is the responsibility of the library to keep timely backups of all data on
the workstation and to have original installation disks for all library installed software. Marmot's
responsibility is to rebuild or repair the workstation as originally installed.
6. Marmot will assist library staff in reloading workstation data from their data backup and assist
library staff in reloading library owned software.
7. Marmot reserves the right to require library owned software programs be uninstalled if, in
Marmot's opinion, the workstation problem is caused by non-Marmot installed or approved
software.
Section E. Recycling and disposal of retired equipment
1. Workstations (including keyboard, mouse, and monitor) purchased from Marmot and covered
under this maintenance agreement until retired will be recycled by Marmot at no cost to the
library.
2. Printers, barcode readers, receipt printers, and other peripherals purchased from Marmot will be
recycled by Marmot at no cost to the library.
3. Other library owned electronic equipment may be included in the Marmot Recycling Program for
an additional fee for each item.
MEMBER MARMOT LIBRARY NETWORK, INC.
Initials Initials
Date /2r' ( 1), 2 ' Date 44s•Z°/Z
Agreement PC Maintenance 2 of 2