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Item C16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 06/20/01 Division: Community Services Bulk Item: Y es ~ No Department: Library Services AGENDA ITEM WORDING: Approval of agreement between Monroe County Public Library and Southeastern Library Network, Inc. ("SOLINET"), a state contract vendor, for participation in the State Library of Florida program offering eBook access to libraries and their patrons. ITEM BACKGROUND: Utilizing Federal grant funds, the State Library of Florida has pursued and financed a license agreement on behalf of all Florida Public Libraries to offer access to the SOLINET Shared Collection of netLibrary eBooks. The purpose of this project is to provide an opportunity for Florida Public Libraries to introduce eBook access as a new, free resource to library patrons. There is no cost to the Monroe County Public Library to participate in this program. PREVIOUS REVELANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: Approval TOTAL COST: $0 COST TO COUNTY: ~ BUDGETED: Yes NoX REVENUE PRODUCING: Yes NoX AMOUNTPERMONTH_ Year OJ APPROVED BY: County Atty I- OMB/Purehasi~ Risk Management :,J.7-, DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included 1L- To Follow_ Not Required_ DISPOSITION: AGENDAITEM#Jlj(JL~ Revised 2/27/0 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Southeastern Library Network, Inc. Contract # Effective Date: Expiration Date: Monroe County upon execution one year from execution Contract Purpose/Description: Agreement between Monroe County Public Library and Southeastern Library Network, Inc. for partipation in the State Library of Florida program offering eBook access to libraries and their patrons. Contract Manager: Anne Layton Rice (Name) 3594 (Ext. ) Library Services #6 (Department/Stop #) for BOCC meeting on 06/20/01 Agenda Deadline: 06/06/01 CONTRACT COSTS Total Dollar Value of Contract: $ 0 Budgeted? YesD No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 0 - ---- - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW ;::~g County Attorney s--~ ~\ sf (()f Changes Date Out Needed YesD No YesD t;J'o~ - C0LLL:r~ KJ.k--~~,- YeSDNO~~~ tl~ 5--//-0; YesD Noff 5~ Division Director ~!~/~I z;-fJ/}O\ Comments: OMS Form Revised 2/27/0 I Mep #2 DIVISIONS. Of FLORIDA DErART~I[,'iT OF Sf A If OtTice of the Secretary Office of International Relallons Division of Elections DIvision of Corporations D,vISion ofCul!urar M.m Division of Historical Resources DivIsion of Library and InformatIOn ServICes Dt\'1SlOn of Licensing DIvIsion of AdmlnlSlrall\t" Scnlccs , Slate Board of EducallOn Trustees of Ihe Internal Improvemenl Trust Fund Administration CommIssIon Florida Land and W.ller Adjudicatory CommIssion Siting llo3fd DIVISion of Bond Fmance Dcpanmenl of Revenue Dcpanrncn! of Law Enforcement /~ I ,C) R/ 1);\ 0 EPAR1'MEN1' 0/7 S'fAl'E' [)cparlmcnt of III~h,,", Safety and Motor Vehicles - \ DI....par1rncnl of Veterans' AfTJlrs Ka therine Ha rris Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES \IL'"lf.R Of 1111. fLORID" <AIIL'iET From: Barratt Wilki dministrators To: Date: Subject: State-wide access to the SOLINET Shared Collection of netLibrary eBooks and Instructions on How to Order and Implement the Program. I have good news to share with you regarding access to a new information medium of importance to public libraries and their patrons: eBooks. Through an agreement with SOLINET, The State Library of Florida is able to offer access for Florida Public Libraries to the SOLINET Shared9ollection of netLibrary eBooks at a v.ery affordable introductory cost. Consequently, I have made the decision to pursue a license agreement on behalf of all Florida Public Libraries using LST A funds to make access available in perpetuity to the initial netLibrary SOLINET Shared Collection. The Tampa Bay Library Consortium (TBLC) has agreed to act as the Administrative Agent for this project The purpose of this project is to provide an opportunity for Florida Public Libraries to introduce eBook access as a new service to your library patrons and to test the implementation and use of eBooks as a new information resource. Through this program 11,000 eBook titles will be accessible "in perpetuity" to your patrons by October 2000. SOLINET estimates that the collection \vill grow to over 20,000 titles by March 200 I. Participation in this project will require that you make the SOLINET Shared Collection of netLibrary eBooks available to your library patrons and agree to participate in periodic evaluations of the program conducted by State Library staff. There is no cost to Florida public libraries that elect to participate in this program for the initial offering through SOLINET, \. Florida public libraries will gain access to the SOLINET Shared Collection during October 2000. There is no "end date" for access to the collection. Ho\vever, eventually, the initial SOUNET Shared Collection will be closed (no new titles added) as orders decrease. At that point. individual Florida public library participants have various options to choose that may include: I) continue to participate in ne\\ collections at their own expense through the next SOLINET Shared Collection offer. 2) work directly with netLibrary for their own unique collections. or 3) limit participation to only the initial Shared Collection described above. ~\ 1.\ [I 1II1InR Y OF IIOR[ln R ,\ (,ral BUlldl,,"'1 "11,,hassL'c I h'rlJa ~12.1'!')~()2'(). IS~'()) 487.26~! 1..\,'\ (X~()) ~XX~.'CII,. I Ill) IX'IJI ()22..HlX'. hltp:/I\\\\\\,do,.S1alr,n.lI' UIII;ISI,\I[\'I: lJllR..\RY SLRV!CI U 1'1 ((iFI)', \1\'<.\1,[,,11'41 \II~\I( 1\ OFI.OI<IIJA \I..\II\I((IIIVI \ IX'IJI 1.,,~2XI2. I!\, IX'OI.IXX.')X7'! ( IS'~21"II. 1.\ \ ,X'IJII11 c2' I IS'O) ,lX7-2()71o 1 \\ (",") j,XX~ iX'}.1 Page 2 Attached you will find a document offering a description of the titles included called About the SOUNET Shared Collection as well as a list of Frequently Asked Questions and Answers. Two additional documents provided by SOUNET are also enclosed that you will find helpful in understanding the SOLINET Shared Collection program. They are netLibrary.Com Features and Services and The netLibrary Escrow Plan. If you have additional questions regarding this program that are not addressed i~ the information provided, please direct them to Mark Flynn at (850) 487-2651, or mflynn@mail.dos.state.fl.us. How to Place an Order: In order to participate in this program you must sign and return the three documents enclosed in this information packet. They are: 1) the SOLINET and NetLibrary Shared Collection Order Form; 2) the SOLINET Subscriber Agreement; 3) the Member Terms and Conditions AgreementlNetlibary eBooks Library Agreement. . Please return these forms to Beth Watson, Tampa Bay Library Consortium, 1202 Tech Blvd., Suite 202, Tanipa, FL )"3'619. If you need assistance with filling out the forins, you may contact Beth at (813) 622-8252 or email her at watsonb@tblc.org. Please allow four weeks for SOLINET and NetLibrary to process your order. Once your order is processed you will be notified of activation of the service by email. Also, at that point, a netLibrary representative will contact your library to assist you with implementation. I thank all of you for your active involvement in this program and invite you to share your experiences with me and the State Library staff relating to the use of eBooks. Your continued input is very important to us as we embark upon this cooperative venture for Florida's public libraries. \. . SOLINET SUBSCRIBER AGREEMENT Southeastern Library Network, Inc. (SOLlNET) will include Monroe County Board of County Commissioners ("Licensee") as a "Member" library in its contract with netLibrary,com to allow access to its SOLlNET'S Shared Collection (Consortium netLibrary.com). if members so desire, SOLlNET will also provide ordering, billing, for individual libraries for unique collections and individual eBooks (Member netLibrary.com). Member agrees to the terms and conditions specified here in the netLibrary.com Consortium Agreement and the netLibrary eBook Library Agreement: Subscriber Terms and Conditions (Exhibit D). These agreements represent the agreements for access to and use of the service, Member agrees to abide by the terms, and conditions, as revised from time to time as if same were fully set forth herein. I. This agreement is dependent upon the Consortium Agreement remaining in effect between Consortium and netLibrary. Consortium will notify the Member prior to the expiration of this agreement so that Member can make other arrangements for access. 2. Member agrees to access and use the SOLlNET Shared Collection and purchase Member unique collection and individual eBook in accordance with the netLibrary eBook library Agreement: Subscriber Terms and conditions (Exhibit D). The Member will exercise reasonable good faith efforts to inform Authorized Users of restrictions on use ofNL; however, the Member shall not be liable for the actions of individual Authorized users who act without the knowledge and consent of the Members. 3. Member agrees to pay SOLINET fees as invoiced. All charges shall be due thirty (30) days from the date of receipt of the invoice reflecting such charges. SOLINET will advise NL of Member's failure to abide by their terms, including payment related matters. NL will decide whether to continue service in these instances. Members participating through SOLINET in the unique collections program are not eligible for credits related to a possible overlap in titles with those in the SOLINET Shared Collection. 4. The Agreement shall be governed by and construed in accordance with the State of Florida. 5. Warranty Disclaimer - EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 OF THE CONSORTIUM AGREEMENT, CONSORTIUM NETLIBRARY.COM, EACH MEMBER NETLIBRARY.COM AND THE EBOOKS LICENSED HEREUNDER ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND NETLIBRARY AND SOLINET EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABIL TY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NETLIBRARY, SOLINET NOR ITS CONTENT PROVIDERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF NETLIBRARY.COM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETLIBRARY, SOLINET OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF NETLIBRARY'S OBLIGATIONS HEREUNDER, AND MEMBER LIBRARY MAY NOT REL Y ON ANY SUCH INFORMATION OR ADVICE. 6. Confidential Information. To the extent allowed by applicable law, and subject to Chapter 199, Florida Statues, Florida Public Records Law, Member agrees that it shall not use or disclose information relating to (I) the terms of this Agreement, (ii) the content of reports delivered hereunder, or (iii) pricing terms or arrangements under this Agreement; provided, that Member may disclose such information to its member organizations subject to the restrictions set forth above with respect to further disclosure by such members, or as required by law. 7, In the event that netLibrary is unable to fulfill its responsibilities and requires the use of the Backup eBook Copies system (as described in Section 12 of the Consortium Agreement), Consortium or its permitted designee is not required to assume the responsibility for providing this service, If netLibrary ceases to operate, an escrow plan is in effect which may require some additional access fees from the Member to Consortium or its designee. Exhibit C prescribes Member's duty using escrow plan, This Agreement shall take effect upon the latest date of execution below by duly authorized representatives of the Library and shall automatically renew on the first day of July annually, except as otherwise provided by written notification from Consortium to the Library, or from the Library to Consortium, This Agreement is valid and enforceable only if sufficient funds are made available to the state institutions by their respective state legislatures for the purpose of this program. It is mutually agreed that if the state legislature does not appropriate funds for the program, this Agreement shall be terminated or amended to reflect any reduction of funds The decision to continue with the Agreement must be made no later than thirty (30) days after the new fiscal year affected by the legislature funding. MONROE COUNTY PUBLIC LIBRARY Name of Library SOUTHEASTERN LIBRARY NETWORK, INC. Signature for Library Signature for Consortium Name (please print or type) Name Title Date Title Date "