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HomeMy WebLinkAboutbocc.con.204.20192017-11-13 btf Contract Information Contract Number Project Name Contractor Budget Line Item 166.62.00000.82830 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department County Representative Kathy Chandler County Representative Phone (970) 429-1910 Provide a brief description of the contract: Contract Value Summary: $ 100,000.00 $ - $ - $ 100,000.00 204.2019 Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement No Marmot Systems Service Agreement with the Pitkin County Library Marmot Library Network $ - Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Sole Source Services/Maintenance 1/1/2019 12/31/2019 New Contract with optional extension(s) NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage Library Marmot subscription for database access and product support services. Not to exceed $100,000; billed quarterly. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Rev 2018-10-10 btf 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. 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: June 6, 2019 FROM: Kathleen Chandler, County Librarian Proposed Contractor: Marmot Library Network Product/Service: Subscription and Maintenance for Library Database and Computers Estimate expenditure for the above Product/Service: $ 100,000.00 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 Library Network is a non-profit organization made up of Colorado libraries. Its' purpose is to provide a network of computers serving both library staff and patrons. Marmot purchases large numbers of computers through bids so that competitive pricing and service is afforded to member libraries. Marmot staff load the computers with necessary software to enable them to be compatible with the library's catalog and circulation systems as well as making them safe and secure for use by the public. We have used Marmot's services for many years, and they are the only source for this type of service and product supply. Rev 2018-10-10 btf 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 The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Head Section Head !#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date County Manager Reason for Denial: ______________________________________________ !#COUNTY MANAGER SOLE#! Date Kathy Chandler Jun-07-2019 Pitkin County Librarian Phylis Mattice Jun-07-2019 Assistant County Manager Jun-20-2019 Jon Peacock County Manager Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made June 6, 2019 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Marmot Library Network, 123 North 7th Street, Grand Junction, CO 81501 (hereinafter called the “Contractor”) to perform the following work: Marmot Systems Service Agreement with the Pitkin County Library (“Project”). I. Term of Contract: The term of this Contract is from January 1, 2019 to December 31, 2019. At the expiration of the initial term, the contract may be extended for five (5) additional terms of one (1) year by the express written consent of both parties. II. Contractor’s Obligations. Contractor shall provide the following services to the County per the rates included as Attachment A and per the Service Levels established in Attachment B: A. Operate and maintain the Marmot Library Network computer systems; B. Maintain, revise, and upgrade the Marmot Library Network computer hardware and software; C. Provide user support to include troubleshooting, 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’s request, Marmot will broker the purchase of computer equipment and software according to the standard fee schedule (Attachment A), or of other equipment and software as mutually agreed; F. Configure the Marmot Wide Area Network (WAN) to accept Member connections over the Internet; G. Support Access Sessions as listed in Attachment A; H. Provide optional equipment maintenance service to Member for workstations and other equipment as listed in Attachment A; and I. Support other software and services that may not be listed in Attachment A. Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 2 III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of One-Hundred Thousand dollars and Zero cents ($100,000.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project quarterly per the rates included as Attachment A, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Kathy Chandler, County Librarian will manage the project as the County’s Representative. In the event that Kathy Chandler is not available, an authorized designee shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. Pitkin County shall be responsible for the following: A. Purchase its’ own workstations, infrastructure cables, barcode readers, barcode labels, printers, 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 troubleshooting procedures and emergency/downtime contingency plans provided by Marmot; F. Identify contact person(s); and G. Follow Marmot policies and procedures posted at https://marmot.org/policies Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 3 VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 4 A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of th e Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 5 insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include:  Premises and Operations  Explosions, Collapse and Underground Hazards Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 6  Personal / Advertising Injury  Products / Completed Operations  Liability assumed under an Insured Contract (including defense costs assumed under contract)  Independent Contractors  Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent)  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent)  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent)  The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non -payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 7 carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 8 XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 9 construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Kathy Chandler 120 North Mill Street Aspen, CO 81611 Email: kathy.chandler@pitkincounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Marmot Library Network 123 North 7th Street Grand Junction, CO 81501 Phone: (970) 242-3331 Email: adam@marmot.org XX. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S. §§ 24-76.5-101, et seq., as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. [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 established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., 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 (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the State 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 Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 10 the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., 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. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24- 76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Contract # 204.2019 Revision: 2018-06-13 btf Budget Line Item # 166.62.00000.82830 11 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. MARMOT LIBRARY NETWORK ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Pitkin County Librarian Jun-07-2019 Kathy Chandler Executive Director Adam Murray Jun-07-2019 Jon Peacock Jun-20-2019 County Manager **Member’s subscribed services as of October 1, 2018 (subject to change): Product/Service Description:Quantity:Unit Price (2019):Ext. Price (2019): Basic System 1 3,370.00$ 3,370.00$ Staff Sessions 17 2,255.00$ 38,335.00$ Express Lane 0 -$ SIP2 4 1,092.00$ 4,368.00$ INN-Reach 1 1,112.00$ 1,112.00$ Digital Archive 1 2,500.00$ 2,500.00$ Network Management (Quarter) L 1 2,575.00$ 2,575.00$ Website Hosting 0 -$ Server Maintenance (Physical) 0 -$ Server Maintenance (VM) 1 1,030.00$ 1,030.00$ Total Server Maintenance 1 -$ Data Storage 1st 1TB 1 206.00$ 206.00$ Data Storage Additional 1TB 0 129.00$ -$ Staff PC Maintenance 32 32 total below -$ Public PC Maintenance 23 23 total below -$ Catalog PC Maintenance 0 0 -$ Other PC Maintenance 0 0 -$ Mac Maintenance 4 0 -$ Total Workstation Maintenance 55 55 494.00$ 27,170.00$ Tablets 8 8 103.00$ 824.00$ Envisionware Server 3 3 618.00$ 1,854.00$ Envisionware Hosted 1 1 60.00$ 60.00$ Envisionware Client 22 22 60.00$ 1,320.00$ Envisionware CoinOp 3 3 331.00$ 993.00$ MobilePrint 1 1 1,030.00$ 1,030.00$ Broadband (Quarter) $840.00 4 840.00$ 3,360.00$ 90,107.00$ Estimated Annual Total; Billed Quarterly: Marmot shall provide services contracted below according to the fee schedule located at http://marmot.org/for-members Attachment A. Marmot Services and Fee Schedule Marmot IT SLA December 20, 2016 Page 1 of 3 Information Technology Service Level Agreement (IT SLA) Marmot Library Network A. Description of Service Marmot supports and maintains workstations, servers, local area networks (LANs), wireless access points (WAPs), broadband, and related IT infrastructure for some member libraries. This “IT SLA” explains Marmot services, member responsibilities, and other terms and conditions. This document supersedes “Attachment C” in Marmot Service Agreements with members who opt to purchase these services. B. Standard maintenance services for workstations and servers in libraries 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 by Marmot including, but not limited to: operating system, productivity software, anti-virus, remote administration software, Internet browser, and any Marmot-supported software. 3. Basic remote assistance installing and troubleshooting non-Marmot software/hardware (ETS applies after 30 minutes per project). 4. Installation of printer drivers on workstations. 5. Troubleshooting and warranty replacements will be handled on peripherals purchased through Marmot including but not limited to: barcode 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 C. Member library responsibilities regarding workstations and servers in libraries 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. Maintain software not normally supported by Marmot (unless ETS is requested). 5. Relocate workstations (i.e. moving desks) (unless ETS is requested). 6. Act as an intermediary between Marmot staff and patrons. 7. In the case of new hardware installations, library staff are responsible for backing up data and settings in preparation for a replacement computer (or ETS may apply). 8. Library staff are responsible for re-installing unsupported software (or ETS may apply). D. Extended Technical Service (ETS) provided by Marmot at an hourly rate 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. Marmot IT SLA December 20, 2016 Page 2 of 3 6. Hardware upgrades E. IT services not performed by Marmot 1. Infrastructure installation including but not limited to broadband service, voice telephone systems, data cabling, and electrical cabling. 2. Printer service including routine maintenance (loading paper, toner, clearing paper jams), and preventive maintenance by printer vendors. 3. Building, moving, or modifying furniture. 4. Repair of physically damaged hardware (repair may be done at cost of parts). 5. Troubleshooting patron-owned devices, laptops, tablets, cell phones, etc. 6. Force majeure (repair will be done at cost of parts). F. Extended warranties for workstations and servers 1. Workstations and servers are normally covered under a 3-year manufacturer’s warranty, beyond which, the workstation or server is covered under a 3-year limited Marmot warranty (labor and limited parts only). 2. If in Marmot’s estimation the time and materials needed to repair an older workstation are excessive, the workstation will not be repaired. Marmot will replace disk drives, removable media drives, power supplies and like components as part of the maintenance agreement. Marmot will not replace motherboards, CPUs, and physical enclosures as part of this agreement. Marmot will determine if the system memory could be replaced at a reasonable cost. 3. 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, ILS 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. 4. 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. 5. 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. 6. 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. 7. Marmot will assist library staff in reloading workstation data from their data backup and assist library staff in reloading library owned software. 8. Marmot reserves the right to require library-owned software programs be uninstalled if, in Marmot’s opinion, the workstation problem is caused by software not installed or approved by Marmot. 9. Marmot may transfer warranties on a case-by-case basis, such as when one member sells used equipment to another member. G. Recycling and disposal of retired equipment 1. Workstations (including system unit, keyboard, mouse, and monitor) purchased thru Marmot and covered under this maintenance agreement will be recycled in an environmentally responsible manner by Marmot at no cost to the library. 2. Printers, barcode readers, receipt printers, and other peripherals purchased thru 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. Marmot IT SLA December 20, 2016 Page 3 of 3 H. Member library responsibilities regarding unsupported devices Marmot allows devices not supported by Marmot to be connected to Local Area Networks (LANs) supported by Marmot for an annual fee. Such devices may be connected to a LAN in order to access the Internet or other devices on the LAN. Marmot assists in the setup of such devices by providing IP addresses and VPN credentials. Marmot does not support the devices themselves, but may occasionally work with library staff or vendors troubleshooting such devices. Examples of non-Marmot equipment are printers, HVAC systems, building security systems, VOIP telephones, credit card authorization devices, self-check stations, and automated materials handling systems. Member library staff have these responsibilities: 1. Coordinate the installation of non-Marmot equipment on the Marmot network. a. Contact the Marmot office as early as possible, preferably before the purchase of any equipment or service requiring network connectivity, with: i. Requirements - what it needs to function properly on the network ii. Specifications - what it does and how will it impact the network iii. Security - how it will be secured against abuse and/or compromise 2. If the device has an admin or root login: a. Ensure that login has a GOOD password assigned before connecting the device to the Marmot network. b. Promptly change the password any time it has been, or is suspected of being, compromised. c. Protect the admin password. d. Do not give the password to anyone who asks for it. i. Confirm the individual truly needs that level of access. ii. Confirm the individual has the knowledge and skill to work at the level of access. iii. Confirm the individual has the integrity not to abuse the access. 3. If the device is configured to send email: a. Use a valid email address for the sender. b. Replace the sender address when the original email address no longer exists. c. Confirm that the device cannot be used as a source of spam. 4. If the device requires access from entities on the internet for monitoring, maintenance, or management: a. Inform the Marmot office as early as possible of this requirement. i. Do not assume access will automatically be allowed. b. Identify who will require access. c. Identify how the device will be configured to limit access to only those individuals. d. Identify the required ports and protocols used to access the device. e. Identify the source IP address(es) connecting from the internet into the Marmot network.