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PURCHASE AGREEMENT BETWEEN AMERITECH
LIBRARY SERVICES
AND
MONROE COUNTY PUBLIC LIBRARY
June 24, 1998
TABLE OF CONTENTS
Section Pa2e
I. FURNISHING OF EQUIPMENT AND SOFTWARE............................................................ ..... ........................................................ I
2. CONTRACT DOCUMENTS...................................................................................................................... ........................................... 1
3. D EFINITI ON OF TERMS.......................................................................................................................... ............................................ 2
4. SITE PREP ARA TI ON............................................................................................................................ ................................................ 2
5. Rl SK OF LOSS.......................................................................................................................... ............................................................. 2
6. Wj~.RRANTY..................................................................................................................... ..................................................................... 3
7. P f\ YMENT SCHEDULE...................................................................................................................... ................................................. 3
8. of f\.XA TI ()N .............................................................................................................................. .............................................................. 4
9. S() FTW .~RE LICENSE....................................................................................................................... ................................................... 4
I O. PATENT AND COPYRIGHT PROTECTION ... .................... ............... .................. .... ........................................... ............................6
II. INDEMNIFICATION AND LIMITATION OF LIABILITy.......... .......... ....... ..................... ........................ ............. ........................6
12. IN S URAN CE .............................................................................................................................. .......................................................... 7
13. LIBRAR.Y RESPONSIBILITIES............................................................................................................... .......................................... 7
14. ASSIGNMENT................................................................................................................... .................................................................. 8
15 . NO WAIVER....................................................................................................................... ................................................................. 8
16. FORCE MAJEURE......................................................................................................................... ..................................................... 8
17. N OTI CES .............................................................................................................................. ................................................................ 8
18. SEVERABILITy................................................................................................................... ............................................................... 8
19 . GOVERNING LAW.......................................................................................................................... ................................................... 8
20. NOND ISCRIMINA TI ON............................................................................................................................ ......................................... 8
21. AGREEMENT EXTENSION AND MODIFICATION CLAUSE..................................................................................................... 9
22. NON -COLL USI ON COVENANT...................................................................................................................... ................................. 9
23. HEAD IN GS NOT CONTROLLING.................................................................................................................... ............................... 9
24. ST A TEIvtENT OF CONFIDENTIALITy................................................................................................................. .......................... 9
25. ENTIRE i\.GREEMENT..................................................................................................................... .................................................. 9
26. D UPLI Ci\. TE ORIGINAL S............................................................................................................................. ..................................... 9
RIDERS
A. CONFI G eRA TION .............................................................................................................................. ............................................... 11
B. OPERATING SYSTEM LICENSE........................................................ ............................................. .... .... ... ... ... .......................... ..... 12
C. TESTING PROCEDURES....... ..................................................... .......... ................................................. ....... .................................... 13
D. T ~E S .............................................................................................................................. .................... ............ . . . . ............. . . ... . . ...... .... 26
PURCHASE AGREEMENT
This Agreement is made and entered into by and between Ameritech Library, Inc. (hereinafter referred to as
"AMERITECH"), having its offices at 400 W. Dynjx Drive, Provo, Utah 84604 and Monroe County Public Library System
(hereinafter referred to as "THE LIBRARY"), having its offices at 700 Fleming Street, Key West, Florida 33040.
The term "AMERITECH" shall also refer to the company, its agents, and its subcontractors.
RECIT ALS
WHEREAS, on July 24, 1997, AMERITECH responded to a request for proposal (the "RFP") dated June 12, 1997,
proposing to provide certain Equipment, Software, Network Products, maintenance and related services to THE
LIBRARY, said request for proposal and AMERITECH's response (the "Proposal") being on file in the office of the
director of THE LIBRARY; and
WHEREAS, THE LIBRARY now desires to contract with AMERITECH to obtain the Equipment, license to the
Software, Network Products, maintenance and other services described in the Proposal and AMERITECH desires to
contract with THE LIBRARY to provide said Equipment, license to the Software, Network Products, maintenance, and
the services described in the Proposal;
NOW THEREFORE, in consideration of the mutual covenants, promises and undertakings contained herein, the parties
hereto hereby agree as follows:
1. FURNISHING OF EQUIPMENT AND SOFTWARE
Subject to the terms and conditions set forth herein, AMERITECH agrees to provide at locations specified by
THE LIBRARY, and THE LIBRARY hereby agrees to the goods and services described in Rider A.
2. CONTRACT DOCUMENTS
A. LIBRARY's Request for Proposal dated June 12, 1997; (the "RFP");
B. Proposal Prepared by AMERlTECH - dated July 24, 1997; (the "Proposal");
C. This Agreement, including the following Riders attached hereto:
Rider A.
Rider B.
Rider C.
Rider D.
Configuration
Operating System License
Testing Procedures
Taxes
Each of these documents is incorporated herein by this reference as if set forth in full, and shall constitute a part
of the Agreement. In the event of any conflict in the obligation pursuant to the above documents, control shall be
determined in the following order:
1. This document, including the riders
2. The Proposal
3. The RFP
MONROE COUNTY PUBLIC LIBRARY - PAGE 1
CONFIDENTIAL AND PROPRIETARY
The failure of the Agreement to include reference to any matter contained in any other contract document shall
not be deemed to constitute a conflict.
3. DEFINITION OF TERMS
A. Equipment: The items listed on Rider A hereto under the subheadings Database Hardware Server,
Database Server Accessories, Access Server Hardware, Access Server Accessories, and Peripheral
Hardware.
B. System: The total complement of Equipment and Licensed Software furnished and maintained by
AMERITECH which operates on the Database Server, Access Server, and on Workstation(s) supplied by
THE LIBRARY.
C. Licensed Software (or Software): Each Licensed Software product listed in Rider A under the
subheadings Core Software, Access Software, and Peripheral Software, including machine-readable object
code (not source code) for such product, any user documentation for such product, and any other related
materials which are furnished to THE LIBRARY by AMERITECH for use in connection with such
product.
D. Database Server: The computer equipment set forth in Rider A under the subheadings Database Server
Hardware and Database Server Accessories acquired and operated by THE LIBRARY to provide
database management services in connection with the Licensed Software.
E. Access Server: The computer equipment set forth in Rider A under the subheadings Access Server
Hardware and Access Server Accessories acquired and operated by THE LIBRARY to provide web access
and gateway services to the Database Server in connection with the Licensed Software.
F. Workstation: An end user machine provided by THE LIBRARY on which client software operates to
access the Database Server and which meets or exceeds the specifications required for operation of the
Licensed Software.
G. Network Products: Those items set forth in Rider A under the subheading Network Products.
4. SITE PREPARATION
AtvlERITECH will provide site specifications for all Equipment set forth in Rider A.
5. RISK OF LOSS
AMERITECH is responsible for all risks of loss or damage to Equipment and/or Network Products furnished
under this Agreement until delivery is made inside THE LIBRARY premises. Thereafter THE LIBRARY will
be responsible for risks of loss or damage, except for loss or damage caused by AMERITECH in the process of
installation.
Title to the Equipment shall pass from AMERITECH to THE LIBRARY upon completion of the Equipment
installation.
MONROE COUNTY PUBLIC LIBRARY - PAGE 2
CONFIDENTIAL AND PROPRIETARY
6. WARRANTY
1. AMERlTECH warrants that AMERlTECH has the right to license the Licensed Software and to sell the
Equipment, and other products which are described in Rider A of this Agreement.
2. AMERlTECH warrants that the Licensed Software delivered will comply with the functions defmed by the
user manuals.
3. AMERITECH warrants that all of the Equipment described in Rider A will be delivered new and not as
"used" Equipment unless the fact that Equipment has been used has been disclosed to THE LIBRARY.
4. AMERlTECH warrants that all Equipment and Licensed Software described in this Agreement will be
maintained by AMERlTECH at AMERITECH's expense until the warranty periods as defmed in Rider A
have expired.
5. AMERITECH warrants that it is an authorized distributor for the sublicensed software and that with the
execution of the Sublicense Agreement, THE LIBRARY will have the right to use the sublicensed software
needed for operation of the System.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES OF ANY TYPE WHETHER EXPRESSED OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. PAYMENT SCHEDULE
A. Invoices shall be submitted to THE LIBRARY at the address contained in the fITst paragraph of this
Agreement.
B. Invoices shall be considered past due 30 days after the date shown thereon. Late invoices are subject to
11;20/0 per month interest charge (18% per annum).
C. Payment is due upon invoice for successful completion of contract milestones as shown below:
* MILESTONE % PAYMENT
AMOUNT
Upon delivery of Licensed Software modules to the customer 650/0
142,831.82
Completion of Hardware Functionality Test 150/0
32,961.19
Completion of Data Load Test 150/0
32,961.19
Completion of Module Functionality Test**
Cataloging
Circulation
Public Access
Aquisitions
2%
1%
1%
1%
4,394.82
2,197.41
2,197.41
2,197.41
$219,741.25
100%
* Any applicable sales taxes will be added to your invoice.
* * Must be completed or waived within 30 days of module installation.
MONROE COUNTY PUBLIC LIBRARY - PAGE 3
CONFIDENTIAL AND PROPRIETARY
8. TAXATION
THE LIBRARY shall identify to AMERITECH all sales and use taxes which it may be required to pay in the
execution of this Agreement. THE LIBRARY agrees to indemnify AMERITECH for all taxes which AMERITECH
may be required to collect and payor have not been paid by THE LIBRARY, together with any legal fees, penalties,
interest and/or other charges which may be incurred by AMERITECH in relation to the assessment and payment of
taxes in the event THE LIBRARY fails to identify all such taxes.
If THE LIBRARY is exempt from taxes, photocopies of applicable certificates demonstrating exemption shall be
provided by THE LIBRARY prior to the execution of this Agreement.
9. SOFTWARE LICENSE
A. GENERAL
Subject to the terms and conditions hereinafter set forth, AMERITECH hereby grants to THE LIBRARY a
nontransferable, nonassignable, nonsublicenseable, nonexclusive and royalty-free license (the "License")
to use the Licensed Software solely in the conduct of the business of THE LIBRARY on the Database
Server, Access Server, and Workstations for the number of users shown in Rider A. Licensed Software
will be provided by AMERITECH to THE LIBRARY pursuant to the terms of this Agreement, only in
machine-readable object code. THE LIBRARY acknowledges that by virtue of this License, THE
LIBRARY acquires only the right to use the original and permitted duplicate copy of the Licensed
Software as described herein and does not acquire any rights of ownership in the Licensed Software which
rights shall remain exclusively with AMERITECH. The term of License shall commence upon delivery of
the fITst module of Licensed Software and shall remain in force as long as THE LIBRARY is in
compliance with all the provisions of the Agreement.
B. RIGHT TO COPY
No portion of the Licensed Software or any updates or enhancements to the Licensed Software may be
duplicated by THE LIBRARY except that THE LIBRARY may make one copy of the machine-readable
portion thereof for normal security backup purposes, provided that THE LIBRARY properly reproduces
on such copy all notices of AMERITECH's patent, copyright, trademark, and/or trade secret rights.
C'. TITLE TO SOFTWARE
AMERITECH retains ownership of all Licensed Software and related documentation.
Within thirty (30) days from the date of THE LIBRARY's discontinuance of the use of any portion of the
Licensed Software licensed hereunder, THE LIBRARY shall furnish AMERITECH with written notice
certifying that through its best efforts and to the best of its knowledge, all machine-readable code, user
documentation or other related materials provided to THE LIBRARY with such Licensed Software,
including any copy thereof, whether in whole or in part, have been destroyed or returned as follows:
1. All documents relating to such discontinued portion of the Licensed Software shall be returned to
AMERITECH; and
MONROE COUNTY PUBLIC LIBRARY - PAGE 4
CONFIDENTIAL AND PROPRIETARY
2. The originals and all copies of any machine-readable materials containing all or any portion of the
discontinued Licensed Software shall be destroyed or purged so as to totally remove from such
machine-readable materials all codes relating to the discontinued portion of the Licensed Software.
D. AIATERIALS DEVELOPED BY AMERITECH OR THE LIBRARY
THE LIBRARY agrees that all training and procedural materials developed by AMERITECH in
conjunction with the Licensed Software shall be the property of AMERITECH. THE LIBRARY further
agrees that additions and supplements to the Licensed Software which may be developed for THE
LIBRARY through the reimbursed or unreimbursed efforts of AMERITECH employees or agents shall be
the exclusive property of AMERITECH. All software, training and procedural materials developed by
THE LIBRARY acting without AMERITECH shall be the exclusive property of THE LIBRARY.
E. PROPRIETARY RIGHTS
AMERITECH retains for itself, and THE LIBRARY acknowledges that AMERITECH so retains, all
proprietary rights in and to all designs, engineering details, and other software pertaining to the System,
and any and all such Systems. The Licensed Software shall be deemed to be the trade secrets of
AMERITECH. THE LIBRARY shall not reverse assemble, reverse compile or translate any portion of
the Licensed Software.
F. PROTECTION OF PROPRIETARY INFORMATION
THE LIBRARY recognizes and agrees that all Licensed Software and updates of Licensed Software which
are provided to THE LIBRARY:
1. are considered by AMERITECH to be trade secrets of AMERITECH;
2. are furnished by AMERITECH to THE LIBRARY in confidence; and
3. contain proprietary and confidential information.
AMERITECH's placement of a copyright notice on any portion of any Licensed Software or any update to
such Licensed Software will not be construed to mean that such portion has been published and will not
derogate from any claim that such portion is a trade secret or contains proprietary and confidential
information of AMERITECH.
THE LIBRARY agrees to hold all such Licensed Software and updates and enhancements to the Licensed
Software, in confidence at least to the extent that it protects its own similar confidential information and to
take all reasonable precautions consistent with general accepted standards in the data processing industry
to safeguard the confidentiality of such information. No portion of any update or enhancement to the
Licensed Software may be disclosed, furnished, transferred or otherwise made available by THE
LIBRARY to any person except to those of its employees who need to use such information in accordance
with this Software License. THE LIBRARY agrees to take appropriate action by instruction, agreement
and otherwise with its employees to inform them of the trade secret, proprietary, and confidential nature of
the Licensed Software and the updates and enhancements disclosed to THE LIBRARY under this
Agreement, and to obtain their compliance with the terms hereof. The obligations of this paragraph will
survive the termination of this Agreement.
G. ACCESS TO SOURCE CODE
Copies of the Licensed Software in machine-readable source code along with necessary documentation for
installing, maintaining or modifying the Licensed Software have been deposited with Data Securities
International, Inc., of San Diego, California, under a Deposit Agreement. AMERITECH shall maintain in
MONROE COUNTY PUBLIC LIBRARY - PAGE 5
CONFIDENTIAL AND PROPRIETARY
good force for the duration of this Agreement an Deposit Agreement and will not cancel or modify said
Deposit Agreement without thirty days notice to THE LIBRARY. As a registered licensee THE
LIBRARY shall be entitled to access the materials in escrow if it is covered at the time of request by
software maintenance and according to the terms of the Deposit Agreement essential services cannot be
made available to THE LIBRARY by AMERITECH. The Software Users' Group is, for purposes of the
Deposit Agreement, a registered licensee through which THE LIBRARY, as a users' group member in
good standing, shall be able to make request for the materials in escrow. By paying an annual fee to
become a registered licensee, THE LIBRARY becomes eligible to request escrow materials independently
of the Software Users' Group under the conditions described in the Deposit Agreement.
to. PATENT AND COPYRIGHT PROTECTION
AMERITECH will: (1) assume the defense of any suit brought against THE LIBRARY for infringement of any
United States patent or copyright to the extent it is based upon the Equipment or Licensed Software provided
under this Agreement; (2) defray the expense of such defense; and (3) indemnify THE LIBRARY against any
monetary damages and/or costs in such suit; provided that: (I) AMERITECH is given sole and exclusive control
of the defense of such suit and sole and exclusive control of negotiations relative to the settlement thereof; (2) the
liability claimed shall have arisen solely because of AMERITECH's selection as to the design or composition of
the Licensed Software or the Equipment, and that the Licensed Software or the Equipment is used by THE
LIBRARY in the form, state or condition as delivered by AMERITECH; (3) that THE LIBRARY shall have
substantially performed all of its obligations under this Agreement; and (4) that THE LIBRARY provides
AMERITECH with written notice of any claim with respect to which THE LIBRARY asserts that AMERITECH
assumes responsibility under this Article within 10 days of receipt of notice of such a claim by THE LIBRARY.
Should any Equipment or Licensed Software which has not incurred any unauthorized modifications or
combinations become, or in AMERITECH's opinion be likely to become, the subject of a claim of infringement,
then THE LIBRARY shall permit AMERITECH, at AMERITECH's option and expense, either to: (i). procure
for THE LIBRARY the right to continue using the Equipment and Licensed Software, or (ii). replace or modify
the Equipment or Licensed Software so that it becomes non-infringing and functionally equivalent, or upon
failure of (i) and (ii), despite the reasonable efforts of AMERITECH, (iii). buy back the Equipment or Licensed
Software at THE LIBRARY's net book value.
THIS ARTICLE STATES THE ENTIRE LIABILITY OF AMERITECH FOR PATENT OR
COPYRIGHT INFRINGEMENT BY THE LICENSED SOFfW ARE OR THE EQUIPMENT OR ANY
PORTIONS THEREOF.
II. INDEMNIFICATION AND LIMITATION OF LIABILITY
AMERITECH will assume the defense of, and indemnify and save harmless, THE LIBRARY, its officers and
employees from and against all damages and liability resulting directly from gross negligence or willful
misconduct of AMERITECH in the performance of this Agreement.
AMERITECH will effect the repair or replacement of the system or correct the performance of its services in
accordance with Section 6, and this will constitute its and its suppliers' sole liability for any failure or defects of
such system or services;
AMERITECH's and its suppliers' liability on any claims for damages, losses or expenses arising out of this
Agreement will be limited to direct damages and will not exceed the system purchase price, except as provided in
Section 10, the preceding paragraph, or for personal injury and damage to tangible personal property claims;
MONROE COUNIY PUBLIC LIBRARY - PAGE 6
CONFIDENTIAL AND PROPRIETARY
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER
AMERITECH, ITS AFFILIATES, SUBSIDIARIES, PARENT CORPORATION, ANY OF ITS PARENT
CORPORATION'S AFFILIATES OR SUBSIDIARIES, INCLUDING THEIR OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, NOR AMERITECH SUPPLIERS, INCLUDING THEIR
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS NOR THEIR SUBSIDIARIES, SHALL BE
LIABLE TO OR THROUGH THE LIBRARY FOR ANY INDIRECT, INCIDENT AL OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST
REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN
CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF WORK UNDER THIS
AGREEMENT AND ANY AMENDMENTS THERETO, OR THE PROVISION, USE OR OPERATION
OF THE SYSTEM OR SERVICES PROVIDED OR SOLD HEREUNDER, REGARDLESS OF THE
FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE;
THIS SECTION 11 SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY.
12. INSURANCE
During the performance of this Agreement, AMERITECH will maintain in full force and effect the following
insurance coverage:
A. WORKER'S COMPENSATION
Full Worker's Compensation in full compliance with applicable state statutes.
B. GENERAL LIABILITY INSURANCE
AMERITECH shall provide sufficiently broad coverage to include:
General Liability Insurance
Personal Injury Liability
The amount of the policy shall be no less than $1,000,000 Single Limit per occurrence, issued by an
insurer licensed to do business within the State of which THE LIBRARY is located.
AMERITECH will have a certificate of insurance completed and filed with the director of THE
LIBRARY within thirty (30) days of the execution of this Agreement. No cancellation, change in
coverage, or expiration by the insurance company or the insured shall occur during the term of this
contract, without thirty (30) days written notice to THE LIBRARY prior to the effective date of such
cancellation or change in coverage.
13. LIBRARY RESPONSIBILITIES
THE LIBRARY will, at its own expense, prepare the site or sites for installation of the Database Server,
Workstations, and network it has acquired to run the AMERITECH Software.
THE LIBRARY will provide AMERITECH with adequate and timely support or information with regard to its
administrative, operational and management procedures, and any data necessary to effectively complete
installation or implementation of the System and other products. Once the installation has been completed, THE
LIBRARY will manage and operate the System and other products.
MONROE COUNTY PUBLIC LIBRARY - PAGE 7
CONFIDENTIAL AND PROPRIETARY
14. ASSIGNMENT
No assignment of this Agreement or any right or interest herein by either party will be effective unless the other
party has given its written consent to such assignment. However, AMERITECH may assign this Agreement to
an affiliate or subsidiary of AMERITECH or its parent corporation within its corporate structure, including its
affiliates, subsidiaries and parent corporation, or assign its rights to receive payments hereunder without THE
LIBRARY's consent.
15. NO WAIVER
No waiver of any breach of any term or condition of this Agreement shall be construed to waive any subsequent
breach of the same or any other term or condition of this Agreement.
16. FORCE MAJEURE
The parties will exercise every reasonable effort to meet their respective obligations hereunder but shall not be
liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any Government law or regulation, acts of God, acts of omission, fITes, strikes,
lockouts, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the
reasonable control of the parties.
17. NOTICES
All notices given hereunder will be sent registered, certified or overnight delivery, addressed to the other party at
the addresses shown in the fIrst paragraph of this Agreement or such other address as either party may specify in
writing.
18. SEVERABILITY
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired.
19.
GOVERNING LAW
.~
This Agreement shall be governed by the laws of the State of Florida.
20.
NONDISCRIMINA TION
Neither AMERITECH, nor any officer, agent, employee, servant or subcontractor of AMERITECH shall
discriminate in the treatment or employment of an individual or groups of individuals on the grounds of race,
color, religion, national origin, age, sex or disability unrelated to job performance, either directly, indirectly or
through contractual or other arrangements.
MONROE COUNTY PUBLIC LIBRARY - PAGE 8
CONFIDENTIAL AND PROPRIETARY
21. AGREEMENT EXTENSION AND MODIFICATION CLAUSE
The Agreement may be modified or extended in accordance with the following procedures: In the event that all
parties to the Agreement agree that such changes would be of a minor and nonmaterial nature, such changes may
be effected by a written statement which describes the situation and is signed, prior to the effectiveness, by both
parties. In the event that the changes are determined by either or both parties to the Agreement to be of a major
or complex nature, then the change shall be by formal amendment of the Agreement signed by the parties and
made a permanent part of the Agreement.
THE LIBRARY may incur restocking fees and other assessments if it changes the types and quantities of items
purchased under this Agreement after the Agreement is signed.
22. NON-COLLUSION COVENANT
AMERITECH hereby represents and agrees that it has in no way entered into any contingent fee arrangement
with any fIrm or person concerning the obtaining of this Agreement with THE LIBRARY. AMERITECH has
received from THE LIBRARY no incentive or special payments, or considerations not related to the provision of
automation systems and services described in this Agreement.
23. HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this
Agreement.
24. STATEMENT OF CONFIDENTIALITY
The contents of this document are unpublished, proprietary and confidential and may not be copied,
disclosed, or used, in whole or in part, without the express written permission of AMERITECH, except to the
extent required by law and insofar as is reasonably necessary in order to review and evaluate the information
contained herein.
25. ENTIRE AGREEMENT
This Agreement, including the documents incorporated by reference, contains the entire understanding of the
parties hereto and neither it nor the rights and obligations hereunder may be changed, modified or waived except
by an instrument in writing signed by the parties hereto.
26. DUPLICATE ORIGINALS
This Agreement may be executed in duplicate originals. Each duplicate signed by both AMERITECH and
THE LIBRARY shall be deemed an original copy of the Agreement.
MONROE COUNTY PUBLIC LIBRARY - PAGE 9
CONFIDENITAL AND PROPRIETARY
IN WITNESS WHEREOF, the parties have caused this Agreement, which shall inure to the benefit of and be binding
upon the successors of the respective parties, to be signed and entered as of the last date indicated below.
AMERITECH LIBRARY SERVICES, INC.
) J4
...., -./ '7.. . . . " .
By: It::...,l':'u.:',,,,A. . . ~t-L~-._,~
T~tle: LJl U r0Lc~~dl~j (~~Q.Q:S
. I'-~ (. CC9:
Date. '...A I . Y\. ~ Qq) I I I
UNTY ~T rBlIQ-bIB~\RY SYSTEM .6C:'(' (__'
Date:
· 1: I' I L ,.r,' /4~"
,IL z -C-' t./ (){j../
51; 3/9~/ '.
I I
(SEAL)
A TrEST: DANNY l. KOLHAGE, CLERK
B~~O~~ ~
DEPUTY CLERK' CJvy
MONROE COUNTY PUBLIC LIBRARY - PAGE 10
CONFIDENTIAL AND PROPRIETARY
RIDER A
CONFIGURATION #26075 ANDRETROLINK QUOTE
MONROE COUNTY PUBLIC LIBRARY - PAGE 11
CONFIDENTIAL AND PROPRIETARY
Monroe County Library
40 User Horizon System -- Quote #26075
This is an estimate based on the following configuration:
1 Compaq ProLiant 1600R
Number of Bibliographic Records:
N umber of Holdings:
Number of Authority Records:
Number of System Users:
Number of Web PAC Users:
90,000
108,000
90,000
40
10
$63,000
$9,000
$22,000
$485
$12,100
$7,000
$2,000
$18,800
$19,581
$1,602
$13,291
$249
$169,108
($12,500)
$156,608
$672
Created on: 17-Jun-98
Valid until: 15-Sep-98
Please see the following pages for the details of this quote.
COST SUMMARY
Software
Horizon Core Software
Access Software
Database Software
Peripheral Software
Services
Data Services
Implementation Services
Software Installation Services
Training Services
Hardware
Database Server Hardware
Database Server Accessories
Peripheral Hardware
Supplies
System Subtotal
Discount:
System Total
Shipping
DGRAND TOTAL
SYSTEM SUMMARY (based on Release 5)
Description
Current
Total System Memory (MB)
192
Quote # 26075
$157,280 0
Internally
xoandab Ie to
512
Monroe County Library
Gerry Davies -- dna
Total System Disk Storage (GB) 30
Total System Ports (Serial) 2
Total System Users 40
Number of O/S License 5
82 GB
N/A
o
N/A
Created on: 17-Jun-98
Valid until: 15-Sep-98 Quote # 26075
Monroe County Library
Gerry Davies -- dna
~ Item DescriPtion
Unit
Price
SOFTWARE
CORE SOFTWARE
1 Cataloging (75,000 - 149,999 titles)
1 Circulation (75,000 - 149,999 titles)
1 Acquisitions (75,000 - 149,999 titles)
1 Public Access Catalog (75,000 - 149,999 titles)
1 Campus Info/Community Resource#
1 PAC Bundle (1 - 15 concurrent users)
1 Staff Bundle (11 - 25 tier)
1 0,000
10,000
10,000
10,000
5,000
6,000
12,000
ACCESS SOFTWARE
WebPAC Software (10 concurrent users)
9,000
DATABASE SOFTWARE
Sybase SQL Runtime License (300/0 of Horizon Softwa
Sybase SQL Documentation
21,600
400
PERIPHERAL SOFTWARE
1 ReportSmith 3.0
1 ReportSmith Documentation
395
90
SUBTOTAL - Software
SERVICES
DATA SERVICES
Total
Pri c e
10,000
10,000
10,000
10,000
5,000
6,000
12,000
9,000
21,600
400
395
90
94,485
Annual
Maint.
1,200
1,200
1,200
1,200
600
720
1,440
1,350
2,495
o
o
o
11,405
DATA LOAD SERVICES
1 MARC Tapeload Setup Fee 6,000 6,000 0
Includes: Consultation, test load(s), data tuning, profiling, and
customizations while in implementation.
1 Bibliographic and Item Tape Load ($.02 per record) 1,800 1,800 0
Requirements: The library must provide clean MARC with item tags
ready to load.
1 Authority Record Tape Load ($.02 per record) 1,800 1,800 0
Requirements: The library must provide clean MARC ready to load.
Patron File Load - On-going 2,500 2,500 375
Requirements: The library must provide a pre-defmed or ASCII delimited
file with field descriptions. The library will write a program to provide
records in Bimport format (with assistance from ALS).
Created on: 17-Jun-98
Valid until: 15-Sep-98
Quote # 26075
Monroe County Library
Gerry Davies -- dna
~ Item Description
Unit
Price
Total
Price
IMPLEMENTATION SERVICES
2 Pre-installation and Database Design Planning Days 1,500 3,000
Profile and map system, determine indexes and MARC maps, decide
collection and location codes, circulation privileges, borrower types
and barcodes (to be held at Ameritech)
System Installation and Initial Consultation 4,000 4,000
verify integrity of Horizon database and training database on-site, cover
basic procedures (system backup, taking System/SQL down, OS commands),
verify client-server communication, verify UPS setup, initial
on-site-visit/conference-call with project lead to layout project plan
SOFTWARE INST ALLA TION SERVICES
WebPAC Installation Fee 2,000 2,000
Includes: Installation of default WebPAC templates and configuration files.
TRAINING SERVICES
2.0 Cataloging Training Units (on-site)
2.0 Circulation Training Units (on-site)
3.0 Acquisitions Training Units (on-site)
1.0 Public Access Catalog Training Units (on-site)
Note: All training must be completed within one (1) year
from the date of installation.
4 Follow-Up Days (on-site)
Review agenda determined by customer preference
System Administrator Workshop*
2 Days of Instruction for system administrator
* Workshops are held regionally (Travel costs not included)
1,500
1,500
1,500
1,500
3,000
3,000
4,500
1,500
1,500
6,000
800
800
SUBTOTAL - Services
39,900
HARDWARE
DATABASE HARDWARE SERVER
1 Compaq ProLiant 1600 3,217
Includes:
300-MHz Pentium II Processor
64 MB EDO ECC Memory
512 KB Second Level ECC cache
2 Integrated Wide-Ultra SCSI-3 Controllers
Compaq Netelligent 10/100 TX UTP Controller on the PCI Bus
Integrated 1024 x 768 Color Graphics Controller on PCI Bus
1 MB Video Memory
3,21 7
Created on: 17-Jun-98
Val id until: 15-Sep-98
Quote # 26075
Annual
Maint.
o
o
o
o
o
o
o
o
375
322
Monroe County Library
Gerry Davies -- dna
Unit Total Annual
~ Item Description Pri ce Price Maint.
6 Expansion Slots (2 PCI, 4 PCI/EISA)
4 Removable Media Bays
3 1.6" Hot Pluggable Drive Bays Storage Bays
1.44 MB Diskette Drive (3.5")
16x CD-ROM Drive
2 Serial Ports, 1 Parallel Port, External Wide-Ultra SCSI-3 Port
Keyboard and Mouse
3- Year Limited and Pre-Failure Warranties
SECOND CPU PROCESSOR
1 Optional 2nd Processor for Proliant 1600R 6/300 1,057 1,057 106
MEMORY
1 Additional 64 MB Buffered EDO ECC Memory (2 x 3 404 404 40
1 Additional 128 MB Buffered EDO ECC Memory (2 x 776 776 78
INTERNAL DISK STORAGE
2 4.3 GB Pluggable Wide-Ultra SCSI-3 Drive (1 ") 7200 742 1 ,483 148
ADDITIONAL I/O
1 SMART-2SL PCI Array Controller w/6 MB Cache 880 880 88
EXTERNAL DISK STORAGE
1 Rack-Mountable ProLiant Storage System Mode1lU2 2,065 2,065 207
Includes:
storage system, mounting hardware, AC power cord,
user guide, support software CD, 12 ft fast-wide SCSI-2 cable,
warranty card, 3-year on-site limited warranty
5 4.3 GB Pluggable Wide-Ultra SCSI-3 Drive (1 It) 7200 742 3,708 371
TAPE DRIVES
12/24 GB 4mm DDS-3 DA T Drive (internal) 1,307 1,307 131
12/24 GB 4mm DDS-3 DA T Media Kit (10 pack) 359 359 36
RACK
1 Compaq Rack 7122 (22U) 1,697 1,697 170
1 Monitor Shelf Kit 124 124 0
1 Keyboard Drawer Kit 312 312 0
SYSTEM CONSOLE
1 V55 Color Monitor 305 305 30
Created on: 17-Jun-98
Valid until: 15-Sep-98
Quote # 26075
Monroe County Library
Gerry Davies -- dna
Unit Total Annual
~ Item Description Pri ce Pri ce Maint.
OPERATING SYSTEM LICENSE
1 Windows NT 4.0 Server Software (CD-ROM) 799 799 0
Includes: Client Access License (5 users)
1 PCAnywhere32 - 95/NT HostJRemote 149 149
1 Cheyenne ARCserve for Windows NT (single server) 495 495
1 Cheyenne ARCserve Disaster Recovery for NT 295 295
1 Modem (Multitech 33.6 Kbps) 149 149 30
DA T ABASE SERVER ACCESSORIES
SERVER SUPPORT
System will be supported through the Internet
SYSTEM PRINTERS
1 Tally T2130 Printer (330 cps) (Parallel) 669 669 92
UNINTERRUPTIBLE POWER SUPPLY
Liebert Upstation GXT, 1.0 KV A (online) (rackltowe 869 869 174
UPS SOFTWARE
1 Liebert Sitenet 1 for Windows NT on 3.5" disk (Chara 64 64
PERIPHERAL HARDW ARE
3 Multitech 33.6 External Modem and Cable 149 447 90
10 Percon SnapShot Laser Scanner for PC (decoded) 695 6,950 1,380
Includes: Percon SnapShot Stand
1 Hewlett Packard LaserJet 4000N (17 ppm) 1,599 1,599 320
5 Hewlett Packard LaserJet 6Lxi (6 ppm) 439 2,195 440
5 Epson Receipt Printer - basic (Impact) (Parallel) 420 2,100 450
SUBTOTAL - Hardware 34,474 4,702
Created on: 17-Jun-98
Valid until: 15-Sep-98
Quote # 26075
Monroe County Library
Gerry Dav ies -- dna
Unit Total Annual
~ Item Description Price Pri ce Maint.
SUPPLIES
Horizon Documentation (First Copy) N/C 0 0
Includes:
- Tutorial
- Reference Guide
4 SONY 4MM-125MM DATA Cartridge 12/24GB 50 200 0
1 Receipt Printer Paper (Impact, I-ply, 50 rolls/case) 49 49 0
SUBTOT AL - Supplies 249 Q
SYSTEM TOTAL 169,108 16,482
Discount: -12,500
Shipping: 672
G RAND TOTAL 157,280 16,482
Created on: 17-Jun-98
Valid until: 15-Sep-98
Quote # 26075
Monroe County Library
Gerry Davies -- dna
Limitation Notes to Ameritech Library Services Configuration
1. Purchase prices are valid for 90 days from the initial configuration.
The prices listed are valid until: September 15, 1998
2. This configuration is based on our consultation with the library, as such
Ameritech Library Services reserves the right to modify the configuration
components to meet the needs of the library should changes be requested
by the library.
3. This configuration is a package quote. If changes or variations to this package
are requested, Ameritech Library Services reserves the right to re-create the
configuration using current policy and current pricing.
4. All products in this configuration are subject to availability. Ameritech Library
Services reserves the right to substitute products with products of equal or greater
value without notification. Product substitution may affect maintenance pricing.
5. Maintenance figures include a 100/0 discount for annual prepayment.
6. A pound sign (#) indicates that the item is not currently in general release.
7. Hardware, peripherals, and networking equipment includes a one year from
installation warranty.
8. Newly purchased software modules includes a 90 days from installation warranty.
9. Onsite training includes the costs associated with training six people. Training for
additional people may be purchased at the current rate.
10. Any changes to the configuration will affect the maintenance estimates.
11. Ameritech Library Services will not be responsible for any degradation of system
performance caused by adding additional users without frrst consulting with
Ameritech Library Services.
Created on: 17-Jun-98
Valid until: 15-Sep-98
Quote # 26075
Monroe County Library
Gerry Davies -- dna
Monroe County Public Library System
Prices are based on 90,500 records and 161,000 volumes. Unit prices are firm; actual unit numbers may change.
The final contract price will reflect the actual number of records processed in each category listed below. Prices
quoted are valid for a period of90 calendar days from July 18, 1997. All taxes, if any, are the responsibility of the
Library.
Services
U nit Price
Units /
Titles
Extended
Price
Standard Phone profiling session
Inc luded
Retro Link imaging of source documents
Included
Profile verification and production samples
Included
Retrospective conversion -- includes matches and original entries
Monographs $0.50
A V $0.75
85,975
4,525
$42,987.50
$3,393.75
Addition of 5xx notes and all standard local holdings
Included
Standard LC name and subject authority control processing
Per bibliographic record processed
Name and Subject authority files
$0.07
$250
90,500
2
$6,335.00
$500.00
Barcode Lables
Set-up
Labels, per 1,000
Expediting charge
$1 ,000
$45.00
$500.00
$1,000.00
161 $7,245.00
$500.00
Included
Included
Included
Actual
$500.00
$62,461.25
Quality verification testing
Production of Library database media (or FTP transfer)
Comprehensive Quality Guarantee
Shipping costs
Project expediting charge
$500.00
Total
RIDERB
OPERA TING SYSTEM LICENSE
The following terms apply to the sublicense of Sybase Software.
1. Only a non-exclusive, nontransferable right to use the related software on a single computer system
(designated by serial number or equivalent) is granted to THE LIBRARY and no right to use other
Embedded Run-Time Version of the Sybase Program is granted;
2. AMERITECH and/or its licensor retain all title to the Licensed Copy, and all copies thereof, and no
title to the Licensed Copy, or any intellectual property therein, is transferred to THE LIBRARY;
3. THE LIBRARY may not copy the Licensed Copy, except for backup and archival purposes only, and
the licensee shall include on all copies of the Licensed Copy all copyright and other proprietary notices
or legends included on the Licensed Copy when it was shipped to THE LIBRARY;
4. THE LIBRARY agrees not to reverse assemble, decompile, or otherwise attempt to derive source code
from the Licensed Copy;
5. THE LIBRARY agrees to comply with all export and re-export restrictions and regulations ("Export
Restrictions") imposed by the governments of the United States. THE LIBRARY will not commit any
act or omission which will result in a breach of any such Export Requirements; THE LIBRARY agrees
that it will comply in all respects with any governmental laws, orders or other restrictions on the export
of the Program and the Licensed Copy (and related information and documentation) which may be
imposed from time to time by the governments of the United States and Canada ("Export
Requirements"). THE LIBRARY will take all actions which may be reasonably necessary to assure
that it does not contravene the Export Requirements. Without limiting the foregoing, THE LIBRARY
agrees that unless prior authorization is obtained from the U.S. Office of Export Administration, it will
not export, re-export or transship, directly or indirectly, to country groups Q, S, W, Y, or Z (as defmed
in the Export Administration Regulations) or Afghanistan or the People's Republic of China (excluding
Taiwan), or disclose to any national or resident thereof, any of the technical data or software disclosed
or provided to THE LIBRARY or the direct product of such technical data or data described on the
Control List with a letter "A" following its Export termination of the Licensed Copy license agreement.
6. Although copyrighted, the Licensed Copy is unpublished and contains proprietary and confidential
information of AMERITECH and its licensor and is considered by AMERITECH and its licensor to
constitute valuable trade secrets. THE LIBRARY will hold the Licensed Copy in confidence and shall
protect the Licensed Copy with at least the same degree of care with which THE LIBRARY protects its
own similar confidential information;
7. AMERITECH's licensors of software included in the Licensed Copy are direct and intended third party
beneficiaries of the license agreement and may enforce it directly against THE LIBRARY; provided
however, that none of such licensors shall be liable to THE LIBRARY for any general, special, direct,
indirect, consequential, incidental, or other damages arising out of or related to the Licensed Copy, and
8. Upon termination of the license for the Licensed Copy, THE LIBRARY shall return to AMERITECH
all copies of the Licensed Copy, or certify to AMERITECH that the licensee has destroyed all such
copies.
MONROE COUNlY PUBLIC LIBRARY - PAGE 12
CONFIDENTIAL AND PROPRIETARY
RIDERC
Schedule 1
HARDWARE FUNCTIONALITY TEST
PURPOSE:
The purpose of the Hardware Functionality Test is to ascertain that the Equipment supplied by AMERITECH is installed
and operational.
TIMING:
The Hardware Functionality Test will be performed by the AMERITECH installer immediately after successful
installation of sufficient Equipment to load THE LIBRARY's data and commence initial on-site training.
PERFORMED BY:
AMERlTECH personnel with observers from THE LIBRARY.
TEST METHODOLOGY:
This examination will include the following tests as applicable for Equipment supplied by AMERITECH then installed:
(a) Central Processing Unites) diagnostic test.
(b) Memory unites) diagnostic test.
(c) Disk storage/controller unites) diagnostic test (including the writing of a disk file, the reading of a disk file,
and the erasure of a disk file).
(d) Magnetic tape drive units(s) diagnostic test (including the writing of a file to tape, the reading of a file from
tape, and the erasure of a tape file).
(e) W orkstation( s) diagnostic test.
(f) Telecommunications unites) diagnostic test.
(g) Power loss/failure test.
ACCEPT ANCE:
The Equipment will be accepted and THE LIBRARY obligated to pay the associated invoice when all of the above tests
are successfully completed.
REMEDIES:
In the event AMERITECH is unable to pass the Hardware Functionality Test within sixty (60) days of fITst attempting
the test, THE LIBRARY may, at its option:
(1) grant AMERITECH further time to resolve the problem and accept the Equipment when all problems are resolved
and the test is successfully passed; or
MONROE COUNTY PUBLIC LIBRARY - PAGE 13
CONFIDENTIAL AND PROPRIETARY
(2) require AMERITECH to provide an alternate equipment configuration capable of passing the test. THE LIBRARY
shall be the sole judge of whether the revised delivery and installation schedules are acceptable; or
(3) reject the System, declare AMERITECH in breach of contract, and require AMERITECH to refund all monies paid
to AMERITECH by THE LIBRARY under this Agreement to date. AMERITECH shall have the right to remove,
at its expense, all Equipment, Software and supplies provided under this Agreement.
These remedies shall be THE LIBRARY's exclusive remedies in the event AMERITECH is unable to pass the Hardware
Functionality Test within sixty (60) days of fIrst attempting the test.
MONROE COUNTY PUBLIC LIBRARY - PAGE 14
CONFIDENTIAL AND PROPRIETARY
RIDER C
Schedule 2
DA T A LOAD TEST
PURPOSE:
The purpose of the Data Load Test is to demonstrate and verify that THE LIBRARY's data files will be
properly processed.
TIMING:
This test will be performed after all test records have been loaded and processed. This test may overlap other
tests.
PERFORMED BY:
LIBRARY staff in conjunction with AMERITECH staff.
TEST METHODOLOGY:
(1) THE LIBRARY and AMERITECH will jointly develop data load specifications. These specifications
(the "Load Specifications") shall be set forth in writing by THE LIBRARY. AMERITECH will assist
THE LIBRARY in identifying inaccuracies or deficiencies in the Load Specifications as revealed by
actual loading and will work with THE LIBRARY to revise the Load Specification as appropriate.
Revisions made as the result of inaccuracies in the Load Specifications may result in delays in record
processing and additional charges.
(2) THE LIBRARY shall identify by control number (e.g. ISBN, LCCN, OCLC) and provide on floppy
disk for direct input up to two thousand (2,000) bibliographic records and matching authority records
if applicable, (the "Test Set") that shall be used to verify that processing will be done according to
specifications. THE LIBRARY is responsible for selecting an accurate and representative Test Set.
The records must include an identifiable match point (e.g. control number, ISBN, LCCN, OCLC #
etc.)
(3) AMERITECH shall develop and/or modify programs on THE LIBRARY's system to process the data
files according to the Load Specifications. THE LIBRARY will then load the Test Set from tape via
all AMERITECH documentation described methods. Thereafter, THE LIBRARY will execute all
appropriate searching commands as described by current AMERITECH documentation.
(4) 'rHE LIBRARY shall have five (5) working days from the time AMERlTECH delivers the processed
record information for examination to review the Test Set and identify any discrepancies between the
processed data and the Load Specifications. Notwithstanding the preceding, THE LIBRARY shall
communicate with AMERITECH within two (2) working days of receiving the processed record
information in order to discuss the progress of THE LIBRARY's review. Examples of discrepancies
shall be clearly reported to AMERITECH.
(5) AMERlTECH will correct all reported problems as identified in (4) above. Steps 3-4 will be repeated
until the Test Set is properly loaded according to the Load Specifications.
MONROE COUNTY PUBLIC LIBRARY - PAGE 15
CONFIDENTIAL AND PROPRIETARY
(6) AMERITECH and THE LIBRARY agree that AMERlTECH shall not be responsible for fixing
problems not identified by the Load Specifications nor for correcting erroneous records supplied to
AMERITECH by THE LIBRARY.
ACCEPT ANCE:
The Data Load Test shall be successfully completed when the Test Set has been processed to meet the Load
Specifications. If AMERITECH receives no notice of load discrepancies within seven (7) working days of
delivering the processed records information for examination, the test shall be deemed successful. Upon
successful completion of the Data Load Test THE LIBRARY shall pay the applicable invoice.
REMEDIES:
In the event that AMERITECH is unable to successfully complete the test within 60 days of delivery of the
fITst set of processed records to THE LIBRARY then THE LIBRARY may, at its option:
(1) stipulate time extension in which AMERITECH must complete the Data Load Test and withhold all
payments associated with the test which are due or may become due until the test is passed; or
(2) declare AMERITECH in breach of contract and require AMERITECH to refund all monies paid to
AMERITECH under this Agreement. AMERITECH shall have the right, at its expense, to remove all
Equipment, Licensed Software and supplies provided under this Agreement.
These remedies shall be THE LIBRARY's exclusive remedies in the event AMERITECH is unable to pass the
Data Load Test within sixty (60) days of delivery of the fITst set of processed records to THE LIBRARY.
MONROE COUNTY PUBLIC LIBRARY - PAGE 16
CONFIDENTIAL AND PROPRIETARY
RlDERC
Schedule 3
MODULE FUNCTIONALITY TEST
PURPOSE:
The purpose of the Module Functionality Test is to verify that the required functional capabilities of the Licensed
Software purchased have been delivered.
TIMING:
Testing will coincide with the installation of the various modules and shall be completed or waived within thirty (30)
days of installation.
PERFORMED BY:
Library staff.
TEST METHODOLOGY:
( 1) THE LIBRARY shall initial the functional checklist for features observed and operational.
(2) Functions which do not operate properly shall be noted and reported in writing to AMERITECH.
(3) THE LIBRARY shall have thirty (30) days from the completion of installation for a module to verify other
functions which AMERITECH documentation indicates the Licensed Software will perform and submit any
exceptions to AMERITECH in writing.
(4) AMERITECH shall clarify and resolve all reported problems within thirty (30) days of receipt of report. Within
seven (7) days of receipt of notice of resolution from AMERITECH, THE LIBRARY shall retest the function and
confIrm that the function has or has not been resolved.
(5) AMERlTECH and THE LIBRARY agree that not all aspects of the software are reasonably testable in the time
frame given (e.g. "two-year cumulative statistics") and that certain aspects (e.g. "user friendliness") are subjective.
Untestable features or aspects of the Licensed Software shall not prevent the Module Functionality Test from
being accepted.
ACCEPT ANCE:
The Module Functionality Test for a given module will be successfully completed and THE LIBRARY obligated to
pay the applicable invoice when:
( 1 ) Each function of the appropriate functional checklist is operational, and
(2) Each problem properly reported in the thirty (30) day test period has been resolved.
MONROE COUNTY PUBLIC LIBRARY - PAGE 17
CONFIDENTIAL AND PROPRIETARY
In the event that AMERITECH receives no notice regarding non-functioning items within thirty (30) days of
completion of installation, then the Module Functionality Test will be deemed to have been successfully completed and
THE LIBRARY shall pay the appropriate invoice. The foregoing does not relieve AMERITECH of any obligation to
make operational each function as per the warranties of Section 4 of this Agreement. The thirty (30) day period will
only be extended due to reasons of force majeure.
REMEDIES:
In the event that AMERITECH is unable to provide software to pass the Module Functionality Test within ninety (90)
days of commencing the test, THE LIBRARY may, at its option:
(1) grant AMERITECH further time to resolve the problem and accept the test when resolutions are satisfactorily
reached~ or
(2) accept the Licensed Software as is and upon negotiating satisfactory terms pay the appropriate invoices~ or
(3) during the frrst twelve (12) months following installation, reject the System and require AMERITECH to refund
monies paid to AMERITECH to date by THE LIBRARY. AMERITECH shall have the right to remove, at its
expense, all Equipment, Licensed Software and supplies provided under this Agreement.
These remedies shall be THE LIBRARY's exclusive remedies in the event AMERITECH is unable to pass any Module
Functionality Test within ninety (90) days of commencing the test.
MONROE COUNTY PUBLIC LIBRARY - PAGE 18
CONFIDENTIAL AATI PROPRIETARY
Accepted
by:
HORIZON FUNCTIONAL DESCRIPTION
1.0 General Features (All modules)
1. 1- operates in real-time interactive mode with capability to create, update, index, access, and delete
any data for Library materials or patrons by both online and batch mode (batch mode from
MARC import or export and borrower import).
1 / - permits the restriction of specified functions to specified workstations or specified passwords.
1.3- moves between functions without logging off or on.
1.4 - accommodates searches of materials held in other locations of the Library's system.
1.5- logs transactions for continuous backup.
1.6 Z39.50 Features
1.6.1 The Server makes the database available to other systems' Z39.50 client software using their
own user interface.
1.6.2 The Client: accesses other Z39.50-compatible databases using the Horizon user interface.
2.0 Searching Capabilities (All modules)
2.1 General Features
2.1.1-
2. 1.2-
2.1.3-
2.1.4-
provides information on item availability and status.
excerpts brief bibliographic information from full MARC records.
supports formats for material types (monographs, serials, microforms, maps, manuscripts,
documents, and non-print media).
insensitive to upper and lower case or punctuation variations.
2.2 Display Features
2.2.1-
2.2.2-
2.2.3-
2.2.4-
2.2.5-
offers Library a choice of display formats.
offers a choice of the amount of information displayed, such as brief or full records.
displays call number, current status, and location of individual copies.
provides a summary screen of truncated bibliographic entries for multiple hits.
permits browsing or paging screens backward or forward.
2.3 Assistance Features
2.3.1-
2.3.2-
2.3.3-
2.3.4-
2.3.5-
2.3.6-
does not require derived or algorithmic search keys.
provides prompt messages to guide searches by patrons.
allows re-initiation of a search or correction of typing errors.
provides "help" messages with instructions for continuing a search.
allows Library to modify "hints" and "example" messages without programmer intervention.
allows display of all previous search strings used at a PAC client since login for reactivation of a
particular search process.
MONROE COUNTY PUBLIC LIBRARY - PAGE 19
CONFIDENTIAL AND PROPRIETARY
2.4 Structural Features
2.4.1- Access points
searches the bibliographic file by author, title, subjects, as minimum search elements.
keyword searches by specifying multiple search terms as well as by single term.
additional access points can be selected by the Library.
2.4.2- Authority control
allows patron to browse both name and subject authority files.
2.4.3- Data Base Access features
provides access from all workstations in the System, staff workstations as well as the public
access workstations.
permits Library system-wide inquiry with branch specific holdings information provided.
2.4.4- Boolean searching
permits Boolean searching; i.e., linking search terms with AND, OR, NOT, and XOR operators.
2.4.5- Keyword searching
searches selected indexes by keyword.
allows right or left truncation of search terms.
permits browsing of keyword terms.
3.0 Bibliographic/Item File and Maintenance
(Catalog Maintenance)
3.1- accepts any MARC formatted machine-readable records via file loading or manual entry.
3.2- supports standard MARC formats (Book, map, music, etc.)
3.3- includes item (copy-level) information such as:
a) unique book identifier (barcode)
b) item call number
c) material type
d) branch location
e) pnce
f) collection
3.4- allows search/retrieval by the following:
a) ISBN
b) ISSN
c) Library of Congress card number
d) bibliographic utility control number
e) author
t) title
g) serIes
h) Dewey or Library of Congress call number
i) added entries, personal and corporate
j) unique item number
k) subjects
3.5- allows editing of any portion of the record without re-editing the entire record.
3.6- allows editing of any field in the record without re-editing the entire record.
3.7- links all copies of the same edition of a title to the bibliographic record for that title.
3.8- displays volume-specific data for serials and sets in number or date order without repeating title-
level bibliographic data.
MONROE COUNTY PUBLIC LIBRARY - PAGE 20
CONFIDENTIAL AND PROPRIETARY
3.9- provides automatic duplicate check to identify matching records already eXlstmg in the
bibliographic database whenever bibliographic records are added by MARC import. Matching
records are overlaid - non-matches create new records.
3.10- allows expansion or replacement of a brief bibliographic record.
3.11- allows merging of duplicate bib records with transfer of all holdings records attached.
3.12- when creating initial holdings record for each title, System can supply defaults for item
circulation type, collection, and location.
3.13- System automatically computes statistical assignment for new items based on Library-defmed
collection and call number groupings.
3.14- when creating multiple copies, System allows copying from flfst copy to minimize operator
entry.
3.15- loads MARC communications format records in background mode.
3.16- includes the capability for input and output of bibliographic records in MARC communications
format, including all tags, subfields, and indicators.
3.17 The MARC import function:
3.17.1- loads MARC II communications format bibliographic records from a file to the database.
3. 17.2- automatically reformats and stores the source record in the data base without further operator
intervention.
3.17.3- allows the Library to specify record "match point" defmitions. Matching records overlay
existing records.
3.17.4- allows updates of a bibliographic record and does not lose linking to any holdings records
attached.
4.0 Authority Control (Catalog Maintenance)
4.1- provides on-line authority files for author, subject, and series.
4.2- links each occurrence of a heading in the authority file to each occurrence in the bibliographic
file so that all occurrences of that heading may be modified with a single "global" change.
4.3- maintains a list of additions to the authority files.
4.4- maintains an on-line listing of all records in the authority files.
4.5- permits creation of appropriate "see" and "see also" cross-references.
4.6- allows creation of authority records from within the general bibliographic file maintenance
program.
4.7- permits merging of authority records.
4.8- allows import, creation and storage of MARC authority records.
5.0 Checkout (Circulation)
5. 1- associates a unique book barcode with a unique patron identifier and stores the charge
transaction in the circulation file.
5.2- automatically calculates loan period and due date/time according to:
a) patron type
b) item type
c) library service hours (hourly checkouts only)
5.3- displays due date/time on the charge workstation screen.
5.4- requires only one entry of patron identifier per batch of items to be charged to that patron.
MONROE COUNTY PUBLIC LIBRARY - PAGE 21
CONFIDENTIAL AND PROPRIETARY
5.5- provides clear audible and/or visual signals that identification labels have been read and the
information accepted.
5.6- provides clear audible and visual signals when charge transactions are blocked (permits
override). Visual message states the reason charge is blocked.
5.7- allows manual input of book and patron barcode labels.
5.8- accommodates a variety of loan periods which can be changed without programmer
intervention.
5.9- allows operator to input a non-standard due date/loan period by overriding the system-calculated
due date.
5.10- checks patron status and signals operator of any exception condition including excessive number
of books charged, excessive fmes owed, manual blocks placed, or expired registration, and
permits override.
5.11- checks book status for hold(s) and "non-circulating" privilege settings.
5.12- provides for electronic scanning of bare oded labels on patron cards and Library materials.
6.0 Renewal (Circulation)
6.1- prior to renewal, checks the book for overdue status, calculates any fme, permits immediate
payment.
6.2- calculates and displays a new due date/time when a charged item is renewed.
6.3- permits record display and renewal even if book and/or patron are remote or book or patron
barcode number is unknown.
6.4- checks patron record for exception conditions (Le., unpaid fmes).
6.5- blocks renewal if outstanding requests for item & permits override.
7.0 Checkin (Circulation)
7. 1- disengages a book barcode number from a patron barcode number and removes the record from
the circulation file.
7.2- provides a completely interactive online checkin function.
7.3- permits checkin by scanning barcode identification label.
7.4- permits manual input of book barcode label where label is defective or missing.
7.5- allows operator to change date of checkin (for delayed checkin of a group of materials).
7.6- checks the book record for hold or other status conditions; provides clear, audible and visual
signals if these are found; and prompts appropriate processing.
7.7- system-wide ability to trap holds during checkin regardless of where the hold request was
placed.
7.8- allows for a specified grace period during which no fme is assessed by type of material.
7.9- checks a book for overdue status, calculates any fme, displays the patron's account, and
automatically increments the account.
7.10- prints a fme notice or other billing document on demand.
8.0 Fines and Fees (Circulation)
8.1- calculates fmes at the time of checkin or renewal according to book type, patron type, loan
period, and date/time of checkin.
8.2- blocks charge and renewal transactions for patrons with a specified number or dollar amount of
unpaid fmes and fees.
8.3- calculates fmes according to specified minimum and maximum dollar amounts.N
MONROE COUNTY PUBLIC LIBRARY - PAGE 22
CONFIDENTIAL AND PROPRIETARY
8.4- prints a patron notice giving bibliographic data, fme and fee amounts, and a library-specified
message including payment instructions.
8.5- permits an operator to record partial or full payment(s) received and keeps a record of individual
items against which partial payments have been made.
8.6- allows operator to waive patron's unpaid fines, fees, or other charges.
9.0 Notice Production (Circulation)
9.1-
permits staff to determine from the patron's record what notices have been sent and what action
is to be taken next.
prints notices with Library-specified messages.
suppresses overdue notices on items "claimed returned."
uses a patron address from patron record for each type of notice.
separates notices by branch location.
produces the following kinds of notices:
overdue (reminder) notices -- number based on Library parameters
billing notices
hold pickup/cancellation notices
9.2-
9.3-
9.4-
9.5-
9.6-
10.0 Holds (Circulation)
10.1- places holds at the title level, or item-specific level at staff workstations.
10.2- allows placement of hold on any title from any workstation.
10.3- checks for hold tags on an item record at time of checkin and notifies an operator of hold with
visual and auditory signals.
10.4- prints hold notices for mailing.
10.5- checks the hold queue at the time of charge and permits block of charge to a patron not at head
of queue. Permits override of block.
10.6- allows operator to remove names from any position in the hold queue.
10.7- blocks renewal of books with hold tags, permits override.
10.8- calculates the hold shelf clearance date and can produce report of expired hold requests.
10.9- detects duplicate hold requests made for a title by the same patron.
11.0 Patron File (Circulation)
11.1- permits development of system-wide patron file with all appropriate fields, including but not
restricted to:
a) name
b) barcode number
c) address
d) telephone number
e) patron type
f) expiration date of registration
g) activity date of last transaction
h) patron statistical categories
i) note field
11.2- permits Library-specified parameters for patron types, patron status, and stat categories.
MONROE COUNTY PUBLIC LIBRARY - PAGE 23
CONFIDENTIAL AND PROPRIETARY
11.3-
11.4-
11.6-
11..7-
11.8-
1 1. 1 0-
11.11-
11. 12-
permits entry of patron registration online.
permits patrons to charge materials on their initial visit to the Library.
allows automatic or manual placement of blocks or restrictions on charging of materials.
permits override of patron blocks.
provides access to the patron file by name, by keyword name, by patron barcode number and by
identification number.
allows assigning patron a new barcode number without losing delinquencies, charges, holds, etc.
able to renew card without issuing a new barcode number or entering any information into
patron record.
is able to declare card lost or stolen.
12.1-
12.0 Acquisitions Software (Acquisitions)
12.2-
12.3-
12.4-
12.5-
12.6-
12.7-
12.8-
12.9-
12. 1 0-
12.11-
12.12-
12.13-
12.14-
12.15-
allows the creation of order records from:
manual entry
existing bibliographic records
purchase requests (desiderata)
integrates all fIrm order records with bibliographic master files.
permits handling of single titles, open-ended orders, gifts, deposit accounts.
allows creation of a vendor file with locally defmed fields.
at order entry, incorporates bibliographic and holdings file update, fund allocation against
multiple budgets if needed, and copy distribution.
allows items on order to have holds placed on them from circulation and PAC accounts.
handles foreign currency conversions.
accepts and tracks partial receipts.
allows processing of invoices before or after receipt of materials.
allows invoicing at time of receipt.
automatically adjusts funds appropriately as actual costs are received.
allows access to on-order materials by title, author, ISXN, vendor and PO number.
permits Library to establish desiderata file of items to be considered for order or designated not
to order.
produces on demand report of funds showing budget, amount encumbered, amount expended
and free balance.
allows multi-year funding.
13.0 Serials Control
13.1- integrates serials bibliographic and holdings record into the main bibliographic master file.
13.2- links multiple copies with associated holdings to a single bibliographic record.
13.3- allows search and display of serial/bibliographic records along with summary of holdings
display as part of the online catalog.
13.4- allows identification of serials for checkin by title, ISSN, and other search methods.
13.5- allows checkin for multiple copies of an issue as a single checkin action.
13.6- allows checkin of regular issues, supplements, indexes, etc.; all accessed through a common
serials record.
13.7- permits identification and checkin of special unpredicted or irregular issues.
13.8- allows library to defme publication patterns so enumeration, chronology and checkin dates are
predicted for expected issues.
MONROE COUNTY PUBLIC LIBRARY - PAGE 24
CONFIDENTIAL ANTI PROPRIETARY
13.9-
13 . 1 0-
13.11-
13.12-
13.13-
13. 14-
13.15-
13. 16-
13.17-
13.18-
13. 19-
13.20-
permits "predicted checkin" of future issues which arrive before the next expected issue.
allows free text notes to be attached to checkin records.
allows alteration of enumeration or chronology, if the issue received varies from the Issue
predicted.
allows operator to indicate various receipt statuses; will not be published, not available, and
damaged receipt.
upon checkin, processing notes can indicate appropriate action for each individual copy.
prints spine labels and work slips as appropriate.
prompts for barcode entry if copy is to be barcoded for circulation.
allows detailed review of checkin information of past receipts by specific issue or copy,
including current status and date status set.
indicates destination for materials (e.g., routing, current periodicals, reference, discard, etc.)
allows automatic or manual claiming for predicted issues that have not arrived.
allows manual claiming for irregular items.
allows establishment of routing lists and printing of routing slips at checkin.
MONROE COUNTY PUBLIC LIBRARY - PAGE 25
CONFIDENTIAL AND PROPRIET:\R Y
RIDER D
TAXES
A. THE LIBRARY represents that it is exempt from the payment of taxes. Photocopies of applicable certificates shall
be provided by THE LIBRARY prior to the execution of this Agreement. The certificate numbers are listed belo\v.
B. THE LIBRARY represents that it is otherwise exempt from taxes as per , statute of the state of
Photocopies of applicable statutes~ or other reasonable verification, shall be provided by THE LIBRARY prior to the
execution of this Agreement.
C. THE LIBRARY represents that it is subject to taxation only as listed below. Applicable taxes shall be added to the
milestone amounts shown in Rider D. If taxation rates are amended by any taxation authority at any time during the
term of this agreement. AMERlTECH shall pass the change on to THE LIBRARY.
Certificate Numbers
1.
State Sales Tax
0/0
2.
Local Sales Tax
0/0
3.
Other
0/0
MONROE COUNTY PUBLIC LIBRARY - PAGE 26
CONFIDENTIAL AND PROPRIETAR Y