03/07/1986
MASTER SERVICE AGREEMENT
NO: 94
Brodart Co., at 500 Arch Street, Williamsport, Pennsylvania
17705, hereby agrees to process bibliographic data supplied
by: MONROE COUNTY PUBLIC LIBRARY; 700 FLEMING ST., KEY WEST,
FL 33040 (hereafter referred to as Purchaser), and to
produce the "Product" herein provided. The Product
Schedule(s) attached hereto are an integral part of this
contract and the terms set forth herein are specifically ap-
plicable to all such Product Schedule(s), which defines the
processes that are to occur and the items to be supplied to
the Purchaser (hereinafter "Products").
1. Brodart accepts no responsibility for the accuracy and
completeness of any information supplied by Purchaser,
nor will Brodart review the contents of any entries sub-
mitted to Brodart for processing for spelling, omission,
content, location, format or other errors.
2. Brodart will utilize the following forms of input to
produce the "Products":
Data input onto floppy disks, using Brodart's
l1icroChec k Software.
3. Purchaser will use Brodart's COM Catalog Profile in
specifying input processing and output specifications
for the "Products". All input processing specifica-
tions, output format specifications, and output medium
arE~ to be selected by Purchaser, from Brodart's standard
specifications, and are to be supplied by Purchaser at
least thirty (30) days prior to the scheduled starting
date. A starting date will be mutually agreed upon by
Brodart and Purchaser and which is that date when
Brodart commences processing of the input data. Once
production processing has commenced, further modifica-
tions may be made to the specifications at an additional
cost to be mutually agreed upon.
4. All products to be produced by Brodart under this Agree-
ment shall be in one of Brodart's standard formats. Any
modifications to such standard form desired by Purchaser
must be agreed to by Brodart, in writing, including a
modified production schedule, if required, and will be
billed separately.
MASTER SERVICE AGREEMENT
NO: 94
5. Purchaser warrants and represents that it has the right
to use the input supplied to Brodart for the purposes
contemplated by this Agreement and that processing of
such input by Brodart will not violate or infringe the
patent, trademark, copyright, trade secret or industrial
property right of any person. Purchaser agrees to
indemnify and save Brodart harmless from and against any
and all claims, damages, costs, judgements and expenses
arising out of or relating.to a claim by any party that
the input supplied by Purchaser and/or its processing by
Brodart as contemplated by this Agreement violates or
infringes any patent, trademark, copyright, trade secret
or other industrial property right of any party.
6. Purchaser agrees that a product produced by Brodart
hereunder shall be deemed acceptable so long as the er-
rors contained therein attributable to improper or de-
fective processing by Brodart, including unsatisfactory
microfilm quality (e.g. cloudy film, insufficient den-
sity, incorrect display format, etc.), do not exceed one
(1%) percent of the exploded entries (an exploded entry
is a bibliographic record found under a particular ac-
cess point in a catalog). When corrections and/or addi-
tions to the Purchaser's Data Base have been received by
Brodart on or before the agreed upon cut-off date for a
catalog or a supplement and these corrections and/or ad-
ditions do not appear in the catalog or supplement, the
1% exploded entry rule will be considered to have been
automatically exceeded. In the event there are erroneous
entries attributable to improper or defective processing
by Brodart (as discussed above), Purchaser shall have
thirty (30) calendar days from date of receipt of a
product to give written notice of such errors, by type,
including examples, then upon such written notice from
Purchaser and within thirty (30) days of Brodart's re-
ceipt of all defective products) Brodart will repair the
product, replace the product or refund the purchase
price of the Product, at the option of Brodart. The
foregoing to the contrary notwithstanding, Brodart shall
have no responsibility for processing errors if, at Pur-
chaser's request, Products are processed on a production
and delivery schedule which is accelerated beyond that
provided for in the Product Schedule(s) of this Agree-
ment.
MASTER SERVICE AGREEMENT
NO: 94
7. Brodart will store two (2) off-site copies of Purchas-
er's Data Base in addition to the copy stored at
Brodart's computer facility. Storage of additional
copies at other sites will be the responsibility of the
Purchaser (copies will be as defined in Section 9 of
this contract). If all three (3) copies stored by
Brodart are unusable, Brodart will have the responsibil-
ity to recreate the data base only in the event Pur-
chaser provides Brodart with the Purchaser's most recent
copy of the Data Base.
8. Brodart shall not be liable in any manner for any loss
or damage of any nature incurred or suffered by Pur-
chaser as a result of any failures or delays in perform-
ance due to any cause or circumstances beyond its
control, including, but not by way of limitation, any
failures or delays in performance caused by any strikes,
lockouts, or labor disputes, fires, acts of God or the
public enemy~ riots, incendiaries, interference by civil
or military authorities, compliance with the laws of the
United States of America or with the orders or policies
of any governmental companies or communication facili-
ties, or failures of sources of raw materials.
9. Brodart will replace defective or inaccurate tapes, in-
cluding those damaged in transit, when caused by fault
of Brodart or its shipper. Replacement will be made only
if the defective tapes are returned to Brodart within
sixty (60) days of the date of shipment. Replacement
requests received more than sixty (60) days after the
initial shipment will be processed on a time available
basis and charges will be made to the customer. A de-
scription of the defects must accompany the returned
tapes(s).
10. Brodart will provide technical assistance reasonably re-
quired to assist Purchaser in training its staff and re-
solving problems relating to supplying input to Brodart.
Purchaser will designate one person trained and experi-
enced in the production of bibliographic products to
interface with Brodart personnel in all matters relating
to performance of this contract.
11. No waiver of default by Brodart or the Purchaser of any
of the terms, covenants or conditions hereof to be per-
formed, kept or observed by the contractor shall be con-
strued to be or act as a waiver of any subsequent
default of any of the terms, covenants and conditions
herein contained.
MASTER SERVICE AGREEMENT
NO: 94
12. The database used to produce the Purchaser's Catalog is
the sole property of the Purchaser. Award of this con-
tract does not give Brodart rights to the Purchaser's
Database or bibliographic records, however maintained,
for any use whatsoever.
13. The term of this Agreement shall be for a period of one
(1) year from the date hereof. It shall thereafter be
automatically renewed for successive one-year terms un-
less expressly terminated, in writing, by either party
no less than sixty (60) days prior to any anniversary
date.
14. This Agreement shall be enforced and construed under the
laws of California as in effect from time-to-time.
BRODART, CO.
Dated:
MONROE COUNTY PUBLIC LIBRARY
partner
By:
sst. Secy.
19i(
Dated: .
19
Approved by:
A~'P. VED AS TO FORM
A L,GAL SUFFICIENCY. ,
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yC ,-c,,4..~ --'
BY _
Attorney's Office
Vi' L
l/c~ : . '
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By: .~.J .....-~ '-",,-, t>- ~
Mayor/Chairman
(SEAL)
At t est :: DANNY L. KOLHAGE, Clerk
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PRODUCT SCHEDULE
NO: 94.1
CONTRACTOR
PURCHASER
BRODART, CO.
500 ARCH ST.
WILLIAMSPORT,PA 17705
MONROE COUNTY PUBLIC LIBRARY
700 FLEMING ST.
KEY WEST, FL 33040
This Product Schedule applies solely to the products de-
scribed herein and is governed by Master Service Agreement
Number 94.1.
PRODUCT DESCRIPTION
1. Data will be input onto floppy disks, using Brodart's
MicroCheck Software.
2. Brodart will process and output this data to another me-
dium, such as microfilm or magnetic tape.
3. On-going additions will be converted and added to the
Library's Master Database.
Billing for products and services described in this Product
Schedule will be in accordance with the attached Schedule 1.
~ART, CO.
MONROE COUNTY PUBLIC LIBRARY
By: Nubro, Inc., General Partner
By:
Ron VanFleet, Asst. Secy.
Date'd:
19rC
Dated:
19
1
PRODUCT SCHEDULE
NO: 94.1
MONROE COUNTY PUBLIC LIBRARY
SCHEDULE 1
MicroCheck Pricing
Database Creation:
MARC Pass: (retro)
$.05/title on database
MARC Fiche: (optional)
$90.00
Soft.ware:
Diskette Processing:
$150.00/month or
$1,650.00/year prepaid
(Charge includes two copies of all necessary documentation)
Reel Deposit:
$400.00/day
$250.00
$25.00/reel
($15.00/refundable upon return)
Trai.ning:
Database Copy:
COM Production
Copies:
$.05/title
$.00033/title/copy
Master Production and Processing:
Authority Control:
Subject:
$.0075/title
$.005/title
$.Ol/title
Name:
Both:
2