02/17/2010 Contract
DANNY.L. KOLHAGE
CLERK ~'JF THE CIRCUIT COURT
DA TE:
March 4, 2010
TO:
Norma Kula, Director
Monroe County Libraries
Pamela G. Hanc&:'c.
FROM:
At the February 17,2010, Board of County Commissioner's meeting the Board approved
and authorizled execution of GIS Information Systems, Inc. (dba Polaris) in the amount of
$121,045 for an Integrated Library System ("ILS") by piggy-backing on Lee County's Polaris
contract.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any que:stions, please do not hesitate to contact our office.
cc: County Attorney
Finance
File Vi
@
Integrated Library System
CONTRACT
FOR HOSTED SERVICES
JANUARY 21st, 2010
Monroe County Public Library,
Key West, Florida
1/21/10
Polaris Library Systems
PO BOX 4903 . SYRACUSE, NY 13221-4903
1-800-272-3414. FAX 1-315-457-5883.
http://www.polarislibrary.com
Monroe County Public Library Hosted Services Contract Page 1 of 19
POlARIS
THIS AGREENlENT, is made between GIS Information Systems., Inc. doing business as Polaris Library Systems a
corporation organlzed under the laws of the State of New York, with its princlpal place of business at 103
Commerce Boulevard, Liverpool, New York (herein after referred to as "Polaris"), and the Monroe County Public
Library, 700 Fleming Street, Key West, FL 33040 (hereinafter referred to as "LIBRARY").
WITNESSETH:
WHEREAS, Polaris has developed a computerized system (hereinafter referred to as "Polaris ILS"@) consisting of
hardware and software and related services, and the LIBRARY intends to purchase and/or license such
hardware, software and related services at its location(s);
NOW, THEREFORE the parties mutually agree as follows:
1. Definitions
1.1. "Hosted Services" shall refer to the services listed and set forth under Schedule B herein and which may
be modified, added to, or replaced during the term of this Agreement.
1 .2. "Polaris ILS Software" shall refer to all hosted and client applications proprietary to Polaris and provided
by Polaris to the LIBRARY under this Agreement.
1.3. "Polaris ILS Hardware" shall refer to the hardware under the control and ownership of Polaris which is
used to provide the Polaris ILS Software and Hosted Services; and which hardware may be modified,
added to, or replaced during the term of this Agreement provided that the performance thereof is not
thereby caused to degrade.
1.4. "Polaris ILS Software Materials" shall refer to any machine readable or printed material, including but not
limited to documentation stored on CD, On-Line Help files and hard-copy guides, which are designated by
Polaris. as available under license to libraries who have licensed the Polaris ILS Software to which those
materials relate.
1.5. "LIBRA~RY Equipment" shall refer to the hardware and software, including, but not limited to, those
components that enable access to the Internet, which the LIBRARY is required to have in use in order to
use and enable the Polaris ILS Software and Hosted Services to be provided in accordance with this
Agreernent, and which may be provided independently by the LIBRARY or which may be purchased by the
LIBRARY as part of this Agreement.
1.6. "Network" shall refer to all communications hardware and software under the control and ownership of
Polaris, and which may be modified, added to, or replaced during the term of this Agreement provided
that the performance thereof is not thereby caused to degrade.
1.7. "Syste:m" shall refer to the Polaris ILS Hardware, Polaris ILS Software and Network as the same operate
together in the provision of the Hosted Services
1.8. "Live Date" is defined as the day on which the LIBRARY uses the System in a live, production mode for
normal daily business, including searching the public access catalog and circulating materials. Warranty
on software, and subscription service costs, are measured from this date.
2. FurnishinR of Deliverables
Based on the statistics in Schedule A, which the LIBRARY agrees are reasonably correct as of the date of
this Agreement, Polaris will provide Services as detailed in the following Schedules at the fees indicated
in Schedule D:
Schedule B:
Schedule c:
Hosted Services
Polaris ILS Software
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POlARIS
Schedule D:
Schedule E:
Schedule F:
Schedule G:
Schedule H:
Cost Summary
Enhanced Data Content for PAC
PC Workstation Requirements
Overview of Polaris Hosted Environment
Data Extraction
3. Installation Schedule
3.1. Following the signing of this Agreement, the LIBRARY and Polaris will mutually agree on an
Implenlentation Plan which shall include, but not be limited to, identification of all required tasks, a
timeline of all required tasks, an indication of which party is responsible for completion of each task, and
expected duration of each task. Upon completion of implementation, both parties shall mutually agree to
a Live Date pursuant to Article 1.8. herein.
4. Term and Termination
4.1. This Agreement is effective upon final signature and for an initial term ending one (1) year from the Live
Date. It shall then be renewed automatically for one-year periods unless the LIBRARY notifies Polaris of
its intention not to renew at least ninety (90) days prior to the expiration of the original or any extended
term.
4.2. If either party is considered to be in material breach of any of the terms and conditions of this
Agreennent, the aggrieved party shall give written notice thereof, including a reasonably detailed
statemlent of the nature of such alleged breach, to the other party. The party considered to be in breach
of this Agreement will have thirty (30) days after notice is received to cure such breach, or, if the breach
cannot reasonably be cured within thirty (30) days, the party shall provide a written estimate of the time
needed to cure such breach, shall commence to cure such breach within ten (10) days of notice from the
aggrieved party and shall diligently continue to prosecute such cure to completion. If the party
considered to be in breach fails to cure, commence to cure in timely manner, or diligently prosecute such
cure to completion, the aggrieved party, at its option, shall be entitled to terminate this Agreement or
suspend its performance under the Agreement for as long as the breach remains uncorrected, and avail
itself of any and all remedies available under this Agreement, at law or in equity.
4.3. In the event either party becomes insolvent or voluntarily or involuntarily bankrupt or a receiver,
assignee or other liquidating officer is appointed for all or substantially all of the business of either party,
or if eiither party makes an assignment for the benefit of creditors, then the other party, at its option
may inlmediately terminate this Agreement by notice to the offending party to that effect. In no event
shall this Agreement be assigned or assignable by operation of law or by voluntary or involuntary
bankruptcy proceedings or otherwise, and any such assignment or attempted assignment shall be void
and in no event shall this Agreement or any rights or privileges hereunder be an asset of either party
under .any bankruptcy, insolvency or reorganization proceedings.
4.4. Subject to the conditions of Article 4.2, if this Agreement is suspended or terminated by the LIBRARY,
whether for cause or convenience, then, effective upon the date of suspension or termination, the
LIBRARY shall be relieved of further payment obligations, and shall be liable for payment only for those
Hosted Services satisfactorily received prior to the date of suspension or termination. If this Agreement
is terrrlinated, any pre-paid Software Maintenance and Hosted Services fees shall be refunded to the
LIBRARY to the date of termination on a pro-rated basis. If this Agreement is mutually reinstated, then
the LIBRARY shall reassume its payment obligations.
5. Return or Destruction of licensed Software
If this J~greement is terminated, whether for cause or convenience, and the right to continued use of the
Polaris ILS Software and Software Materials under the conditions set forth herein is withdrawn, then all
Polaris ILS Software and Software Materials must be returned to Polaris, or if so requested in writing by
Polaris, destroyed. Within one (1) month after the date of cessation or termination of any license
granted hereunder, the LIBRARY will furnish to Polaris if requested, a certification that through the
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POlARIS
LIBRARY's best efforts and to the best of the LIBRARY's knowledge, the original and all copies of the
Polaris ILS Software Materials received from Polaris or made in connection with such license have been
returned or destroyed. This requirement will apply to all copies in any form, including translations,
whether partial or complete, and whether or not modified or merged into other software materials as
authorized herein.
6. PaymE~nt
6.1. Costs for the initial term of this Agreement are enumerated in Schedule D herein. Unless specified
elsewhere in this Agreement, unit costs for Polaris Software and Services will be held at the quoted
rate(s) for 1 year from the execution of this Agreement. Costs for additional Third Party software,
hardware and services are subject to change and will be quoted at the then current rate.
6.2. Payment for deliverables shall be made on the Live Date. Subsequent payments will be made on the
annual. anniversary of the Live Date.
6.3.Payment in full on all invoices is due according to the terms of this contract or within 30 days of the
invoice date, whichever date is later. Within twenty (20) days of receipt of the invoice, the LIBRARY may
serve Polaris with written notice disputing any charge. If the dispute is not resolved within twenty-five
(25) days of receipt of said written notice, then either party may file for arbitration.
6.4. In the event that payment is not made in full according to the specified terms, a service charge will be
added to the undisputed balance after deducting all payments and credits. For any payment considered
past due and undisputed by the LIBRARY, the LIBRARY agrees to pay interest at 1 % per month (effective
annual. rate of 12%) on the unpaid balance or the highest rate permitted by law, whichever is Less.
6.5. If failure to pay according to the terms of this Agreement causes this account to be assigned for
collection, or causes LegaL action to be taken, the LIBRARY agrees to pay all costs of collection incurred
by Polaris, including court costs and reasonable attorney fees, if the LIBRARY is found to be at fault.
6.6. In the event the Live Date is other than the first day of the month, the Hosted Services fee will be pro-
rated accordingly.
Any third party subscription service fee will be subject to review, and possible change, on an annual
basis commencing one (1) year from the Live Date.
The Software Maintenance and Hosted Services fee is subject to change annually, such change
commencing one (1 ) year from the Live Date and effective upon one hundred and twenty (120) days
written notice to the LIBRARY.
Following the initial term of this Agreement, and upon receipt of notification of any such change in the
Software Maintenance and Hosted Services fee, the LIBRARY may, with ninety (90) days prior written
noticeJ terminate this Agreement upon the effective date of such increase. Otherwise the new fee will
become effective upon the date specified in the notice.
6.7. Polaris reserves the right to offer new goods and/or services at any time during the initial or extended
term of this Agreement. Where such goods and/or services involve a one-time and/or an ongoing fee,
Polaris shall provide the LIBRARY with ninety (90) days written notice of any such offer.
6.8. For Polaris Software purchased after the execution date of this Agreement but prior to the Live Date, a
one year warranty will be provided. For Polaris Software purchased after the execution date of this
Agreenlent, maintenance charges will commence upon the installation date of the Software.
7. Licenses
7.1 Polaris hereby grants to the LIBRARY a non-transferable, non-exclusive, and non-sublicenseable license
during the term of this Agreement to use the Polaris ILS Software, the Polaris ILS Software Materials, and
any ancillary software, solely in conjunction with the Hosted Services as defined in this Agreement. It is
declared that the LIBRARY shall have no right to use the same for any other purpose or at any other time.
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Monroe County Public Library Hosted Services Contract Page 4 of 19
POlARIS
7.2. No title to or ownership of the Polaris ILS Software or Polaris ILS Software Materials is transferred to the
LIBRARY, and they remain the proprietary property of the owning entity.
7.3. All licensed Polaris ILS Software and Polaris ILS Software Materials contain Polaris proprietary
information, use of which is limited by the licenses granted in this Agreement. The LIBRARY shall not
allow the Polaris ILS Software or any portion thereof, to be reverse compiled, disassembled, or in any way
altered. The LIBRARY shall not modify any licensed Polaris ILS Software in machine-readable form nor
merge such Polaris ILS Software with other software programs. The LIBRARY will not disclose or otherwise
make available, except as required by law, any licensed Polaris ILS Software Materials in any form to any
third party except to the LIBRARY's employees, or to agents directly concerned with licensed use of said
materials. The LIBRARY may customize Software Materials and on-line help files, but Polaris disclaims any
responsibility for their maintenance.
7.4 Polaris may terminate all proprietary licenses granted hereunder and require return of the Polaris ILS
Software Materials upon written notice to the LIBRARY if the LIBRARY fails to comply with these terms
and conditions.
8. The LIBRARY's Responsibilities
8.1. The LIBRARY acknowledges the PC Workstation requirements set forth under Schedule F herein, and will
assume responsibility for purchasing, installing, configuring and maintaining all other hardware
components necessary, including but not limited to:
hardware Firewall,
anti-virus software,
LIBRARY-specific network components and connectivity,
PC Workstations and maintenance,
Scanners and maintenance,
Printers and maintenance,
Uninterruptible Power Supplies,
cables,
The LIBRARY will also assume responsibility for determining, in consultation with Polaris, the viability of
existing LIBRARY Equipment in conjunction with the System.
8.2. The LIBRARY shall designate no more than two (2) key personnel to act as Polaris' sole point(s) of contact
with the LIBRARY following execution of this Agreement.
8.3. The LIBRARY is responsible for providing and maintaining an Internet connection with sufficient
bandw'idth for reliable operation and support. If required, the LIBRARY will provide Polaris with reliable
and imlmediate remote access via the Internet to any LIBRARY Equipment that directly or indirectly
affects the ability of the LIBRARY to access and use the Polaris ILS Software. This access must be
sufficient, in Polaris' sole opinion, to satisfy anyon-going warranties set forth under this Agreement.
Failure by the LIBRARY to provide minimal access via the Internet may result in unresolved performance
issues and may void Polaris' obligations with respect to on-going warranties.
8.4. During the implementation process, the LIBRARY will provide Polaris with reliable remote access to their
current system to facilitate the extraction of the LIBRARY's data, pursuant to the services provided under
Schedule B and the extraction requirements listed under Schedule H herein.
8.5. The LIBRARY will accept responsibility for the data concerning the LIBRARY's system profile and system
parameters that it has provided to Polaris based on guidelines for the profile and parameters set by
Polaris. Polaris agrees to provide prompt written notice of any material discrepancy of which it becomes
aware between data provided by the LIBRARY and data required for effective functioning of the Polaris
Software. Polaris disclaims all responsibility for the use or function of the Polaris Software, or for the
results obtained therefrom.
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POlARIS
8.6. Pursuant to Article 8.1, the LIBRARY will accept responsibility for the installation, performance and
maintenance of all third party hardware/software components on the Polaris ILS that are not supplied by
Polaris under this Agreement. Polaris may provide consultation Services or diagnostic support relating to
the LIBRARY's use of such third party hardware and software, and shall reserve the right to charge, at the
rate of $200 per hour with a minimum $400 charge.
9. Site Preparation
It is understood and agreed that the Hosted Service fee does not include any costs with regard to the
preparation of the LIBRARY site or the installation of LIBRARY Equipment. The LIBRARY shall, at its own
expense, prepare the site to house the LIBRARY Equipment, shall provide suitable electric service for
operation of said LIBRARY Equipment.
10. Privacy of Data
Polaris. agrees not to use patron details such as names, addresses, etc., for any purpose other than
provid'ing requested service to the LIBRARY and agrees not to transmit LIBRARY data to any third party,
except as requested by the LIBRARY.
11. Protec:tion and Security
11.1. The LIBRARY will take appropriate action, by instruction, Agreement or otherwise, with any persons
permitted access to licensed Polaris ILS Software and Polaris ILS Software Materials so as to enable the
LIBRAR.Y to satisfy its obligations under Article 7 herein.
11.2.Alllicensed Polaris ILS Software Materials contain Polaris proprietary information, use of which is limited
by the licenses granted in this Agreement. The LIBRARY will not disclose or otherwise make available,
except as required by law, any licensed Polaris ILS Software Materials in any form to any third party
except to the LIBRARY's employees, or to agents directly concerned with licensed use of the program.
Subject to the limitations of this article, the LIBRARY may make additional copies of the Polaris ILS
Software Materials.
12. Warral~
12.1.Polaris warrants that the Polaris ILS Software will perform substantially in accordance with the Polaris ILS
Software Materials in effect on the Live Date. Polaris agrees to make reasonable efforts to correct all
reproducible material errors in the Polaris ILS Software and discrepancies between the Polaris ILS
Software Materials and the actual Polaris ILS Software performance. Polaris does not warrant that the
operation of the Polaris ILS Software and its availability to the LIBRARY via the Internet, will be
uninterrupted or error-free or that all program defects will be corrected. In addition, due to the continual
develolPment of new techniques for intruding upon and attacking networks, Polaris does not warrant that
the Pol.aris ILS Software or any equipment, system or network on which the Polaris ILS Software is used
will be free of vulnerability to intrusion or attack.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF
MERCHIANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER TYPE WHETHER
EXPRESSED OR IMPLIED, WRITTEN OR ORAL.
12.2. Polaris disclaims any responsibility for correcting any inability by the LIBRARY to connect to the Polaris
ILS Software as a result of the failure or mis-configuration of the LIBRARY Equipment. Polaris may
provide consultation services or assistance relating to the failure or mis-configuration of LIBRARY
Equiprrlent, and reserves the right to charge for said services or assistance at the rate of $200 per hour
with a minimum $400 charge.
13. Support Services
13.1.Support Services constitute Software Maintenance and Hosted Services - as defined under Schedule B
herei n .
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POlARIS
13.2.Polaris ILS Software updates will be made available periodically. Polaris shall have full discretion as to
the tinling and content of Polaris ILS Software updates during the term of this Agreement. Failure to
release Polaris ILS Software updates during any specific term does not constitute default on the part of
Polaris because of the continuation of the provision of Software Maintenance and Hosted Services. Given
the cOlllplexity of the library automation environment, including such factors as evolving standards,
developmental tools, and market demands, Polaris reserves the right to modify its development plan for
future releases for the best interests of its current customers, its organization (from a support
perspective) and future marketability.
13.3.Each type of program service and maintenance specified will be available unless discontinued by Polaris
upon one hundred and eighty (180) days written notice.
13.4.Polaris reserves the right to charge at $200 per hour with a minimum $400 charge for any additional
effort that results from providing services for a licensed program altered by the LIBRARY, or for support
made necessary by the failure of the LIBRARY to maintain system and network security in accordance
with industry best practices.
13.5.Telephone diagnostic service is available during the following hours: 8:30am - 8:00pm, Eastern Standard
Time, JV\onday through Friday, excluding standard Polaris holidays. From 8:30-5:00pm Eastern Standard
Time customers will be able to call Customer Support and reach their Site Manager or Technical Support
Special.ist. From 5:00pm-8:00pm Eastern Standard Time customers will reach the Site Manager or
Technical Support Specialist working at Polaris headquarters that night. At 8:00pm the phones will be
transferred to the answering service. Emergency referrals from Polaris' Operations Center to on-call
personnel will be available 24 hours per day, 7 days per week. Emergency assistance is limited to work in
correcting problems which impact critical functionality of the System. Software service calls that cannot
be solved immediately will be referred to specialists within the Operations Center.
14 . Patent. and Copvri$!ht
14.1. Polaris will defend the LIBRARY against any claim that licensed Polaris ILS Software and/ or Polaris ILS
Software Materials furnished and used within the scope of the license granted herein infringe a U.S.
patent or copyright and Polaris will pay resulting costs, damages and attorney fees finally awarded,
provided that: (a) the LIBRARY promptly notifies Polaris in writing of the claim, and (b) Polaris has sole
control of the defense and all related settlement negotiations.
14.2.lf such claim has occurred, or in Polaris' opinion is likely to occur, the LIBRARY agrees to permit Polaris at
its option at no additional expense to the LIBRARY either to procure for the LIBRARY the right to continue
using the licensed Polaris ILS Software and/or Polaris ILS Software Materials, or to replace or modify the
same so that they become non-infringing. If neither of the foregoing alternatives is reasonably available,
the LIBRARY agrees on one (1) month's written notice from Polaris to return or destroy all copies of the
licensed Polaris ILS Software Materials received from Polaris and all copies thereof, and to receive a
refund for any monies paid for the lease of said Polaris ILS Software licenses.
14.3.Polaris shall have no obligation to defend the LIBRARY or to pay costs, damages, or attorney's fees for any
claim based upon the LIBRARY's use of licensed Polaris ILS Software that has been altered by the LIBRARY
without Polaris' express permission and in di rect breach of Article 7.3. herei n.
14.4. The foregoing states the entire obligation of Polaris with respect to infringement of patents or
copyrights.
15. Limitation of Remedies
15.1.For any claim concerning performance or non-performance by Polaris pursuant to or in anyway related to
the subject matter of this Agreement and any supplement hereto, the LIBRARY shall be entitled to
recover actual damages to the limits set forth in this section. No action, regardless of form, arising out of
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Monroe County Public Library Hosted Services Contract Page 7 of 19
POIARIS
this Agreement, may be brought by either party more than two (2) years after the cause of action has
arisen.
15.2. Polaris' maximum aggregate liability, whether for breach of contract, breach of warranty or in tort,
including negligence, will be limited to a maximum of all monies paid in the year in which the action was
brought.
15.3. This lilllitation of liability will not apply to Articles 14 and 25 herein, or to claims for personal injury to
the extent caused in whole or in part by Polaris' negligence.
15.4.IN NO EVENT Will Polaris BE liABLE FOR ANY DAMAGES ARISING FROM THE USE, OPERATION, OR
MODIFICATION OF THE SYSTEM BY THE liBRARY, OR FOR ANY LOST PROFITS OR OTHER
CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, EVEN IF Polaris HAS BEEN ADVISED, KNEW OR
SHOUL.D HAVE KNOWN, OF THE POSSIBiliTY OF SUCH DAMAGES.
16. Waiver of riRhts
The waiver or failure of either party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further right hereunder.
1 7. Sever ilbi I itv
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statue or rule
of law" it is to that extent to be deemed omitted, and the remaining provisions shall not be affected in
any way.
18. Headir~
The headings of the various Paragraphs and Subparagraphs herein are for convenience only and shall not
control or affect the meaning or construction of any provisions of this Agreement.
19. GoverninR law
This Agreement shall be subject to all applicable laws of the Federal Government of the United States of
America and to the laws of the State of Florida. The applicable law for any legal disputes arising out of
this Agreement shall be the law of the State of Florida. The prevailing party in any action brought under
this Agreement shall be entitled to reasonable attorney fees and costs as awarded by the court including
any action at the appellate level.
20. Savin$! Clause
Typographical errors are subject to correction.
21. AssiRnments
Both parties agree that no sublicensing, or assignment of their rights or interest, nor delegation of their
duties under this Agreement shall be made or become effective without the prior written consent of the
other party. Any attempted sublicensing, assignment or delegation without prior written consent shall be
wholly void and ineffective for all purposes.
22. Taxes not included
The charges shown on this Agreement do not reflect applicable state and local taxes that may be added
to the amounts shown at the time of invoicing.
23. Whole ARreement
This Agreement constitutes the entire Agreement between the parties and supersedes all proposals,
presentations, representations, and communications, whether oral or in writing, between the parties on
this subject. Neither party shall be bound by any warranty, statement, or representation not contained
herein. The signatories acknowledge reading, and agree to comply with, all terms and conditions.
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POlARIS
24. Force Maieure
Any delay or nonperformance of any provision of this Agreement caused by conditions beyond the
reasonable control of the performing party shall not constitute a breach of this Agreement, provided that
the delayed party has taken reasonable measures to notify the other of the delay in writing. The delayed
party's time for performance shall be deemed to be extended for a period mutually agreeable to both
parties. Conditions beyond a party's reasonable control include, but are not limited to, natural disasters,
acts of government after the date of the Agreement, power failure, fire, flood, acts of God, labor
disputes, riots, acts of war and epidemics. Failure of subcontractors and inability to obtain materials
shall not be considered a condition beyond a party's reasonable control. This provision does not relieve
the LIBRARY of its obligation to make payments then owing.
25. Indemnification
Polaris agrees to indemnify, hold harmless and defend the LIBRARY and its agents, officials and
employees from any liability, claim or injury, related to or caused by fault or negligence of Polaris
employees or subcontractors.
26. Amendments
Amendments and modifications to all, or any part, of this Agreement and to the appendices and
referenced attachments, may be made, and shall be binding, only if in writing and signed by duly
authorized representatives of both parties.
27. Propri1etarv Information
The parties to this Agreement understand and agree that in the performance of work or services under
this Agreement, or in contemplation thereof, either party may have access to private or confidential
information which may be owned or controlled by the other party, and that such information may contain
proprietary details, disclosures, or sensitive information which disclosure to, or use by, a third party will
be danlaging or illegal. Both parties agree that all information, disclosed by one party to the other, which
is in vvritten form and which is marked confidential, shall be held in confidence and used only in
perfonmance of services under this Agreement. Both parties shall exercise the same standard of care to
protect such information as is used to protect their own proprietary data.
28. Ownership of Data
Polaris acknowledges the LIBRARY's ownership of the various databases installed upon the System. Upon
termination of this Agreement by either party, or upon conclusion of the Agreement term, Polaris agrees
to assist the LIBRARY in extracting all LIBRARY-owned data from the System. Such assistance shall
include personnel time and Polaris' best efforts, provision of documentation regarding the format and
contents of the extracted data, verification that extracted data is complete and in a form suitable for use
by the LIBRARY, and other assistance necessary for the extraction of data. Such assistance shall be
provided by Polaris at no charge to the LIBRARY if termination of this Agreement by the LIBRARY comes as
a direct result of a breach, by Polaris, of any of the terms and conditions set forth herein; in all other
circumstances concerning termination, Polaris shall be entitled to charge the LIBRARY at its then current
rates for data extraction services, including any actual expenses for travel to LIBRARY. The data shall
include all contents of all files created, maintained, and owned by the LIBRARY, including all
bibliographic data, holdings data, patron data, in-process transaction data associated with circulation
control, cataloging, acquisitions, serials control, and any other activity or subsystem in use by the
LIBRARY. Wherever standards such as MARC exist for the format of that data, Polaris will furnish such
data in the standard format. Appropriate documentation shall be provided. These Services will not be
delayed or withheld by Polaris in the event of any legal proceeding initiated by either party.
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POlARIS
IN WITNESS WHEREOF the parties have duly executed and delivered this Agreement, which shall inure to
the benefit of and be binding upon the successors of the respective parties, as of the last date indicated
below,.
ACCEPTED FOR TH
By: ~.
Title: MAl. rr J A/f."".,t. C. tLlIl.J.y
Date' ~~~.._. FEB 1 7 2010
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ACCEPTED FOR POLARIS LIBRA Y SYSTEMS
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By:
Title: President, Polaris Library
Date: '3 - / -- ,?CIO
By:
Title:
Date:
Monroe County Public Library Hosted Services Contract Page 10 of 1
POlARIS
Schedule A
Library Statistics
1 . Estimated Number of Patron Records 22, 1 22
2. Estimated Number of Item Records 205,000
3. Estima.ted Number of Bibliographic (MARC) Records 130,000
4. Estima.ted Number of Authority Records 264,148
5. Items Ilssued Annually 412,000
6 Staff Client Licenses 35
7. Dedicated PAC Workstations 12
7. Name and address of main LIBRARY location:
Monroe County Public library
700 Fleming Street
Key W'est, FL 33040
B. Other loca ti ons:
Big Pine Library
Marathon Library
Islamorada Library
Key Largo Library
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POlARIS
Schedu Ie B
Hosted Services
Training
Implementation Services
Data Migration
PAC Custornization
Software
.
4 days webinar training: Patron Services, Cataloging, PAC
2 days on-site training on Acquisitions
2 days on-site training on Cataloging
2 days on-site for "go-live" assistance
Y2 day web based system administration overview training
Y2 day follow-up web training
project management
profiling assistance, and scheduling
2 day on-site implementation/consultation
.
.
.
.
.
.
.
.
Extraction & migration of bibliographic, authority, item, patron and
transaction records from Horizon.
Using SA and language editor
Polaris server software and staff licenses
Use of Hardware Et 3rd Party
Software
Network Usage
Hosted Technical Support
Hosted System Administration
Periodic Ma'intenance
Ongoing use of requisite hardware and 3rd party software Licenses
On-going use of proportional bandwidth to access Hosted Services
· monitor Polaris ILS server jobs and batch procedures
· maintain the system server software configuration
· load server operating system patches
· upgrade Polaris ILS servers to aLL new releases
· load operating system patches on servers
· update and monitor server virus protection
· maintain host-site Internet connectivity and capacity
· ensure successful backups of the system
· maintain server hardware and capacity
· monitor system activity
· manage Polaris ILS configuration changes
· perform Polaris ILS system administration tasks as required
· update system policy tables on an as-needed basis (such as dates
closed, loan periods, patron and fine codes)
Polaris reserves the right to perform periodic maintenance on the
hosted server(s). Such maintenance would occur between the hours of
5:00am - 7:00am on Thursdays, and may necessitate a service outage
during part or aLL of this timeframe. Notification of any such outage wilL
be provided to the LIBRARY in advance.
LIBRARY will be responsible for the following:
reports & notices; cost associated with optional Polaris upgrade training; cost of custom reports & SQL queries;
1/21/10
Monroe County Public Library Hosted Services Contract Page 12 of 1
POlARIS
Schedule C
Polaris ILS Software
· Polaris ILS Database (full and documented schema available via Extranet)
· Z39.50 Server
· SMTP For em ail notification (library may also use other em ail server)
· Remote Patron Authentication via SIP2 service
· Find Tool (Over 600 search points available)
· Cataloging with authority control
· MARC validation program
· Biibliographic and authority records importing interfaces
· Fully integrated WYSIWYG label Printing (see/edit before you print)
· Circulation
· Offline circulation, inventory and Bookmobile (one offline client per location at no additional cost)
· Group holds
· OelC Inter library Loan Interface
· Record set (bulk change operations for patron, item, authority and bibliographic records)
· Z39. 50 ctient
· System Aldministration (familiar Directory / Tree structure with point-and-click options)
· Integrated desktop Reports and Notices (with export to Excel, Word, PDF, HTML, XML and other formats)
· Extensive online help
· Polaris ItS PowerPAC supports Internet Explorer 6.0 +, Netscape Navigator 7.0+, Mozilla Firefox, Opera
8.02+, Safari 1.2+
· Multiple database searching
· Patron Authentication
· My Account Options: Self-registration, search agent alerts, pre-notification of overdues, reading
history, formatted title lists (MLA, Chicago Manual of Style, etc.)
· Customizable Dashboards (automated links to bestsellers, subject areas, etc.)
· SimplyReports
. Children's PAC
· Spanish PAC
· Acquisitions
Optional Software/Services:
Prddu€t
Additional Staff Client License
Serials Control with MARC Format for Holdings
(would require additional training at $2,000/day)
Multilingual Interface to PAC - Vietnamese, Korean or French
Course Reserves
Outreach Services
Debt Collection Interface
Additional Manuals (one-time cost per set)
$750 + maintenance
Charge only for training
$3,500 each + maintenance
$1,500 + maintenance
$2,000 + maintenance
$1,200 + maintenance
$250
1/21/10
Monroe County Public Library Hosted Services Contract Page 13 of 1
POlARIS
Schedule D
Cost Summary
Service [)escription
Training (11 days)
Implementation Services
Hosted SE~rvices
Data Extraction & Migration from Horizon
Children's interface to PAC
Spanish language interface to PAC
PAC Customization
Enhanced Data Content for PAC Subscription
Polaris Software
Includes:
. Polaris Server Software
. 35 Staff Licenses
. Unlimited PAC access
. 6 SimplyReports Licenses
Total Year One - Due on Live Date
Year One Costs
$15,800
$5,600
$4,500
$ 1 7 , 000
N/C
$5,000
N/C
$2,895
$70,250
$121,045
Service Description
Software Maintenance Et Hosted Services
Enhanced Data Content for PAC Subscription
Total Ye,ar Two
Due one (1) year from Live Date
Year Two Costs
$18,680
$3,010
$21,690
Service Description
Software ,Maintenance & Hosted Services
Enhanced Data Content for PAC Subscription
Total Year Three
Due two (2) years from Live Date
Year Three Costs
$19,614
$3, 130
$22,744
1/21/10
Monroe County Public library Hosted Services Contract Page 14 of 1 (t
POIARIS
Schedule E
Enhanced Data Content for PAC
Subscription Service to Syndetic Solutions
Polaris is a reseller for Syndetic Solutions, which offers enriched content for display in the PAC,
including tables of contents, first chapters, full color cover images, reviews, etc. Pricing for
Syndetic Solutions is an annual subscription, based on annual circulation statistics. Price increases
may occur on an annual basis, at the time of subscription renewal. The LIBRARY's reported annual
circulation is 412,000. Based on this figure, the first-year annual subscription will be as follows
(the LIBRAR.Y may de-select elements as required to the minimum annual fee of $550):
Component Annual Cost
Table of Contents $198
Fiction Profile $157
Find Similar Titles (must also buy Fiction Profile) $157
Series Information $198
Awards $198
Summaries $198
Cover Images $239
First Chapters/Excerpts $132
Author Notes Not Selected
PW Revie,^' (includes Criticas Review) $198
LJ Review $198
SLJ Revie'Af $198
Choice Review Not Selected
Booklist Review $198
Horn Book Review Not Selected
Kirkus Revtew Not Selected
Spanish $148
German Not Selected
Video & Music 1 $239
Video & Music Profiles $239
Total Annual Subscription Fee $2,895
Note: Annual Subscription Fee will become due on the Live Date of the system.
1/21/10
Monroe County Public Library Hosted Services Contract Page 15 of 1
POlARIS
Schedule F
PC Workstation Requirements
Technical Service/Staff Access Workstations and Patron Access Workstations-
Operating Systems
- Windows XP Professional (32-bit only) with Service Pack 3
- Windows Vista Business (32-bit or 64-bit) with Service Pack 1
- Windows Vista Ultimate (32-bit or 64-bit) with Service Pack 1
- Windows Vista Enterprise (32-bit or 64-bit) with Service Pack 1
1 GHz or better
XP Professional: Recommended 1 GB - Minimum Required: 512MB
Vista Business: Recommended 2GB - Minimum Required: 1GB
Minimum: 10GB
SVGA Graphics Controller /4 MB Video Memory or better
100 MB NIC Card
17" (1024 x 768)
System Processor
System Memory
Hard Disk r~equirements
Video Requirements
Other
Monitor
Terminal Slerv;ces
The minimum requirement for Remote Desktop Connection (RDC) for Terminal Services (by Microsoft)
is a client computer or thin client which has the Remote Desktop Connection Client installed. The
Remote Desktop Connection Client can be run on client computers running Microsoft Windows 95,
Microsoft 'Windows 98, Microsoft Windows Millennium Edition, Windows NT 4.0, Microsoft
Windows 2000 Professional, Microsoft Windows XP Professional, or Microsoft Windows VISTA. The
Remote Desktop Connection Client can also be run on thin clients running Microsoft Windows CE, or
Microsoft W'indows XPe. A Remote Desktop Connection Client for Mac OS X is also available from
Microsoft.
Remote Desktop Connection has very low physical RAM requirements and generally works on any
device that meets the minimum requirements for the operating system on which it runs well.
Recommendations:
· Remote Desktop Connection Client on a client computer running Microsoft Windows XP
Professional, or Microsoft Windows VISTA.
· Remote Desktop Connection Client on a thin client running Microsoft Windows CE, or
Microsoft Windows XPe
· A reliable network connection with low network latency <1 OOms between the client and
termlinal server.
1/21/10 Monroe County Public Library Hosted Services Contract Page 16 of 19
POLARIS
Schedule G
Overview of Polaris Hosted Environment
Network
Polaris has redundant burstable 5mb connections to its hosted environment. The Polaris hosting
environment is connected to two different vendors diversely routing sonnet rings. The internal
network is driven by fully redundant Cisco routers, core and distribution switches. The internal
switching fabric and all external circuits are fully monitored 24x7 by our service providers redundant
NOC's.
Stora$!e
Each customer will have sufficient storage allocated to provide the contracted level of
performance. Storage space will be allocated as appropriate to house the operating system and the
database as. well as sufficient space for all temporary files and terminal services. All servers are all
equipped with redundant power supplies and RAID storage.
Backup and ArchivinR
All servers are backed up to tape on a standard schedule of daily full-backups. Weekly backups are
stored off s;ite and an industry standard retention scheduled is maintained. Backups are to standard
DL T tape media. Data restoration is accomplished with standard restoral procedures in a MS Windows
environment. This process is tested on a regular basis.
The servers have hot-swappable drives that can be switched out in the event of a drive failure. The
Polaris hosting environment has N+1 level electrical power service and all servers have redundant
power supplies to minimize the risk of a power outage.
HostinR Environment
Polaris provides N+1 UPS and circuit redundancy with dual diversely routed feeds off the grid. This is
backed up by a 1MW diesel generator that is tested weekly and with full load on a monthly basis. The
Polaris hosting environment provides full C02 fire protection backed up by a dry-charged delayed
water sprinkler system. The data center has a full matrix of smoke and air particle detectors.
The Polaris hosting environment has twelve (12) fully redundant Liebert 3D-ton air conditioners and
provides ternperature and humidity controls with centralized monitoring and alarming. Any six units
can adequately cool the space and manage humidity to specified levels.
The building housing the Polaris hosting environment is staffed by multiple site personnel during
normal business hours and is staffed by on-site security guards at all other times. Entrance to a
secured area of the building requires staff or guard interaction and 2 forms of 10. All doors to the
hosting spaces are equipped with both bio-mechanical, fob and numeric code security. All hosting
spaces as w'ell as most common areas are monitored by camera with security tapes retained 45
days. All external doors and the surrounding grounds are camera-monitored as well.
Servers
Dell 29DO, R710 and R900 series server hardware are typically used and configured as needed. There
are currentl.y 12 servers dedicated to the Polaris shared hosting environment. Polaris provides
redundant common equipment (firewall, switches, domain controllers) for the shared hosting
environment.
1/21/10
Monroe County Public Library Hosted Services Contract Page 17 of 1 q
POlARIS
Schedule G
Overview of Polaris Hosted Environment -
continued
Up~rade and Maintenance Process
In the shared environment, upgrades are made on a server by server basis and are schedule with all
customers on a given server. All work is performed in predetermined and agreed to maintenance
window. Alrnost all upgrades will require at least one restart of the hardware/software so downtime
is unavoidable. Careful scheduling between the Polaris Site Managers and the customers can
minimize the impact. Customers are given lead-time via their Site Manager.
Typically all maintenances are performed during times when the customer is closed. There are a very
limited nUrTlber of times when an emergency maintenance may be required and these would also be
schedule with the customers. No maintenances should occur without customer notification and input.
Security
All aspects of the Polaris shared hosting environments are secured against virus and other external
attacks. Our redundant firewalls continually scan for all kinds of external attacks and our firewall
rules are the most restrictive and only open to the ports and address ranges required. Polaris
contracts with a service partner to assist in the monitoring of its firewalls to manage and detect all
attempts to infiltrate the network.
The Polaris ILS operates using Microsoft software and protocols. Polaris Library Systems is a Microsoft
Gold Certified partner and is in constant communication with Microsoft to maintain the security of the
- Polaris systE~ms. All shared hosting servers receive security updates on a weekly basis. The Polaris ILS
is fully password protected using industry best practices.
1/21/10
Monroe County Public Library Hosted Services Contract Page 18 of 1 (I
POLAIUS
Schedule H
Data Extraction
From Dvni.x Horizon:
Estimated number of Patron Records
Estimated number of Item Records
Estimated number of MARC Records
Estimated number of Authority Records
22, 122
205,000
130,000
264, 148
Pricing for extraction services assumes the following conditions for access to the database:
Horizon data extraction:
- externallP address of the database server must be provided;
- SQL port number must be provided;
- SQL system administrator login/password must be provided;
- Trusted firewall access must be provided from a single IP address to be provided by
Polaris;
- Access to RDP or PC Anywhere on a PC located on the same LAN as the server must
be provided, along with the following:
· Java 1.4 or 1.5 must be installed, or be allowed to be installed on the PC
· FTP must be permitted in order to allow files to be transferred to/from the PC
to/from a location outside the LAN
- Use of VPN is acceptable;
- Horizon database name must be provided if other than "horizon";
- Specification of either Microsoft SQL Server or Sybase;
- Available access during all times and days specified by Polaris;
Deviations from any or all of these access conditions will result in additional fees being assessed, to
be determined on a case-by-case basis.
1/21/10
Monroe County Public Library Hosted Services Contract Page 19 of 1 c;
COUNTY
BOARD OF COUNTY (;OMMISSIONERS
(239) 533.8883
Bob Janas
Districl One
A. Brian Bigelow
District Two
Ray Judah
District T!lree
Tammy Hall
District Four
NOV-3mber 5t 2009
SOL.ICITATION NO.: RFP-08-05
Frank Mann
Districl Fivo
David M. Owen
County Attorney
Monroe County Public Library
Ms. Anne Rice. Library Administrator
700 Fleming S1reet
Key West FL 33040
Karen B. Hawes
County Manager
Diana M. Parker
County Hearing
Examiner
SUE~JECT:
PIGGYBACK - POLARIS CONTRACT
Dear Ms. Rice:
Plealse accept this letter as Lee County's approval to "piggybackl1 off of Lee
County1s Library System Integrated Library System Contrac1 with Polaris.
If you should have any questions, please contact our office at the above number.
~O'; Recycled Paper
P.O. Box 398, Fort Myers, Florida 33902-0398 (239) 533~2111
Internet address http://wwwJee-counly.com
AN EQUAL OPPOI~TUNITY AFFII~MAflVE ACTfON EMPLOYER
POLARIS
LIBRARY S"fS.fEi\'1S
COUNT ON US.
January j7th, 2010
Monroe C:ounty Public Library
700 Fleming Street
Key West, FL 33040
Attn: Norma Kula, Director
Dear Norma:
Please accept this letter as notification of our intention to provide the Monroe County
Public LilJrary with the Polaris Integrated Library System, at a total cost not to exceed
the total cost quoted to Lee County Library System, Fort Myers, Florida for said
system.
We look forward to working with you and your staff in implementing this important
project.
Sincerely,
~~/~
Bill Schic:kling
President Polaris Library Systems
cc. Kathie Graham
Patty Girardi
Dave Bendekovic
Alastair Cameron
I
,.
MEMORANDUM
Department of Budget and Finance
Purchasing Office
TO:
Ann Layton Rice
Library Administrator
FROM:
Carlos Victores
DATE:
January 20, 201 0
RE:
ILS Software
------------------------------------------------------------------------------
I have completed an extensive Internet search for additional South Florida vendor sources
for the ILS Software that you are requesting to piggyback on for the Library system with
no apparent success.
Several vendors were found all of which are in the northern and far west regions of the
US. I received no call backs from the ones I tried to contact. I therefore believe that the
source "vhich you have already acquired quotes from will be sufficient to proceed with
and present to the BOCC for approval at your convenience.
Carlos \licto res
Purchasing Manager
~ )
'~ANTATlDN
./PL KEY
"
~
~ ~~ARATHON
.,.-7 '
ltIl#
KEY \.JEST
We strive to create a friendly work environment through teamwork, respect, integrity and honest communication.