HomeMy WebLinkAboutItem O2 02
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
February 19, 2025
Agenda Item Number: 02
2023-3517
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard
n/a
AGENDA ITEM WORDING: Ratification of one (1) small contract signed by the County
Administrator.
ITEM BACKGROUND:
The County Administrator pursuant to Monroe County Code and the Monroe County Purchasing Policy
executed one small contract where the total cumulative value was less than $100,000.00. The contract is
between Monroe County and Library Market.
PREVIOUS RELEVANT BOCC ACTION:
n/a
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends approval.
DOCUMENTATION:
Small Contract m LibraryMarket 01.06.2025.pdf
FINANCIAL IMPACT:
n/a
4114
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS S 100,000.00 and Under
Contract With: Library Solutions LLCdba Library Market Contract# MonroeCoFL
Effective Date: January 3, 2024
u
Expiration Date: _upon termination
Contract Purpose/Description:
Library Market will implement and provide the Monroe County Public Library's event calendar platform.
Initial term is for one year and will automatically renew for additional one-year terms until terminated pursuant to the contract terms
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Anne L. Rice 3594 Library/Stop#6
(Name) (Ext.) (Department/Stop 4)
CONTRACT COSTS
Total Dollar Value of Contract: Current Year Portion: $ 5,500
(must beS 100,000 or less) (li'multiyearagrecirent dien
reqUil-CS BOCC approval,
11111cs";the Iwal�wnmWir c
olnomnl 1"",I N)J�fj�jO q
Budgeted'? Yes [D No ED
Grant: $ County Match: $
Fund/Cost Center/Spend Category: 001-62023
ADDITIONAL COSTS
Estimated Ongoing Costs: S 3_QK�yr For: continued service
Not included in dollar value ve) (e.g. maintenance,utilities,janitorial,salaries, etc.)
Insurance Required: YES NC)
CONTRACT REVIEW
Reviewer
Department Head Signature: Kimberly Matthews Dobgy sig—by KW4.dy Wth
Date 2D25,01 03 14,W$3.0600'
Digitally signed by PatAcia Eables
County Attorney Signature: Patricia Fables Date:2025,01.03 16:07:43-05'00'
Digitally signed by Jadyn Flatt
Risk Management Signature: Jaclyn Flatt Date:2025,01.03 15 23:55-05'00'
Digitally signed b Lisa Abrau
Purchasing Signature: Lisa Abreu Date:125.01.06y 08:26:28-05'00'
Digitally signed by John Quinn
OMB Signature: John Quinn Data:2025.01.06 08:33:55-05'00*
Comments:
Revised BOCC 4/19/2023
89 �
4115
Prepared by:
�giiiior'
PO Box 17332
Jonesboro,AR 72403
(888) 234-3805
info@librarymarket.com
Project
Propo al
LibraryCalendar
Prepared :
Monroe County Public Library
700 Fleming Street
Key West, FL 33040
Created:
December 10, 2024
Estimate valid for 90 days.
4116
WHO WE ARE
LibraryMarket is a small strategic design agency exclusively
committed to providing creative and cost-effective
branding, marketing, and technology solutions for libraries
and their communities.
Our Mission Our Values
Our team's combination of library, Library Market proudly reflects values that
marketing, and technology experience public libraries put into practice every day.
allows us a unique perspective when We remain rooted in our library origins and
developing strategies for libraries. understand the importance of diversity
We can propose and deliver solutions with and inclusion in ensuring all community
a distinct advantage over outside firms members are heard and supported,
because we focus exclusively on libraries. regardless of their race,ethnicity,gender or
gender identity, sexual orientation, religion,
Our mission is to help libraries connect (disability,or place of origin.
to their communities by offering superior
marketing and technology products. We believe patron privacy, intellectual
freedom,and free access to information
Our Beliefs are fundamental rights and work to make
sure we help our clients achieve their goals
We believe that libraries are more within this framework.
successful when they can engage their
users through quality technology and What We Do
branding.Our goal is to provide innovative
and elegant solutions to expand the reach Web development
of libraries.We are committed to products Marketing and branding services
streamlined for use by patrons and libraries integrated calendar for events,registrations,
and room reservations
alike.
2
4117
OUR STORY
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The story of Library Market began at the communities with innovative,affordable
Craighead County Jonesboro Public Library, products that reflected the day-to-day
where co-founders Ben Bizzle and Joe Box operations and budgets of libraries.
formed a creative team that revolutionized
the library's approach to digital services To turn this vision into reality,Joe and
and marketing and resulted in a 2012 John Ben approached designer Steven Trotter
Cotton Dana Award. Recognizing that and project specialist Valerie Carroll,
libraries across the nation faced similar who were instrumental in transforming
challenges in effectively reaching their CCJPL's website.With this partnership in
patrons, Ben and Joe looked to create a place, Library Market began assembling
company that would provide exceptional a talented team of software developers,
website and marketing services for the project managers,and support staff to
library industry. guarantee the company could deliver
creative branding and software solutions
The founding vision of Library Market for the library industry.
was helping these libraries engage their
Library Market has grown rapidly since its inception,
developing award-winning solutions and setting a new
industry standard for quality and flexibility in the areas of
website, calendar, and branding for libraries of all sizes.
4118
OUR TEAM
LibraryMarket is a small firm with a close-knit staff, each of whom plays a vital role in
managing,developing,and designing all of our products.Our staff includes:
q BEN BIZZLE STEVEN TROTTER
chief executive officer chief creative officer
f� owner � d i �owner
?i�f 4J
As founder and CEO, Ben develops the Steven is responsible for all creative
vision for our projects and coordinates aspects of our business, including
with clients to ensure we provide the information architecture,site design,
best possible product. and marketing &branding.
12 Years Library Experience 25 Years Design&Branding Experience
24 Years IT Experience 15 Years User Interface Design Experience
w
G VALERIE CARROLL JOE BOX
chief operating officer chief information officer
owner owner
Valerie works directly with clients to help Joe is responsible for leading our team
translate their goals into deliverables. in QA and testing procedures for our
She manages web and branding projects, ensuring all features work as
projects and day-to-day operations. intended.
5 Years Library Experience 13 Years Library Experience
5 Years Project Management Experience 16 Years IT Experience
Master of Arts,English
Bachelor of Arts,English
4
4119
OUR TEAM
DUSTIN HOOD CLAY FREEMAN
project e chief ec ice
Dustin is responsible for managing Clay's attention to detail makes him a
LibraryCalendar projects, making sure keen director of all technical aspects
we identify client needs,and deliver of our projects, including managing
a successful transition to the new development staff and site architecture
platform. and deployment.
IN��1RU��O�V�\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V��\0�1RU��10�V�N
6 Years Project Management Experience 8 Years Web Development Experience
Master of Science,Computer Science
LINDSAY SARIN Bachelor of Science,Computer Science
project manager
Lindsay manages website projects and JERE Y JACKSON
supports customers from project kickoff lead frontenddeveloper
through training to ensure that their
website meets their current and future Jeremy manages display tools including
needs. theme configuration, development of
u CSS, and JavaScri pt.
9 Years Library Experience
8 Years Project Management Experience 4 Years Web Development Experience
Master of Library Science
Bachelor of Science,English d History
HAYLEY WEBB
lead content e
Hayley is responsible for reviewing and
translating the content package during
the development process, ensuring that
it fits the client's goals.
IN��1RU��U�V�\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V��\0�1RV��10�V�N
5 Years Content Management Experience
Master of Arts,English
Bachelor of Arts,English
4120
Section
One
LibraryCalendar
design & development �g�/'
SAMPLE
SCREENS
Loll JER
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..............
UPCOMING EVENTS LIST VIEW
View online at httpl),//wwwsa g i n awl i b ra ry rg/cwc,,nts,/u pc��)ri,ii n g
. . .........
EVE-CALENDAR
MEN=
Am
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CALENDAR
EVENTS CALENDAR
wwww
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MONTH CALENDAR VIEW
View online at
4122
SAMPLE
SCREENS
.............
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.......................................
DETAILED EVENT VIEW
View more examples online at
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.............
EVENT REGISTRATION
View more examples online at
4123
SAMPLE
SCREENS
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.
RESERVE A ROOM OPTIONS
View online at ht:tp(,,"//wwwtcr)1�xg/rc(,,c.rvc,,-n)xii
I�r�rrrrrrrrlllllYll f�lllllll ®Y
RESERVER ROOM(BY ROOM)
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UVU4U�1JUJ11JUllJIUM'Y,,,,,lLur/lr, „': ,., w°';:W UWUIgIUIyIJIdUIIJJ
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ROOM AVAILABILITY
View online at irtt " www.rrr� : r,Ak li. likrrr .rrer . :r r r rrr� r r rrr�
4124
SAMPLE
SCREENS
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ROOM DETAILS VIEW
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ROOM RESERVATION FORM
View online at https,//www.riic,,adpl.�xg/rc.sc.rvc,-n)xii/ncw
10 4125
FEATURES L,i r ci r y C „ I e iri d a ir
Each instance of LibraryCalendar is customized to meet our clients' specific needs and
provide a user-friendly experience for both patrons and staff members. LibraryCalendar
comes with two modules which are managed from the same calendar, eliminating room
and event conflicts and giving staff a clear picture of events and reservations across the
library:
Events- allows your staff to create and manage events with ease. Each department can
add and customize its events. Registrations, reports,and automated communications tools
provide library staff with a single portal for event and calendar management. Patrons can
find,view, and register for events from their desktop, laptop,tablet,or smartphone.
Reservations- enables patrons to see which rooms are available and submit room
reservation requests. Emails are automatically sent so that staff can approve reservations.
Staff users can create and customize events by filling out a
form with the following options:
Events • Administrative Settings:record internal notes and categories,
track attendance,and event status
• Scheduling:create all-day,multi-day,or regular hours events;
create single events or a series
• Room:select location (branch,branch+room,virtual,or offsite)
and equipment and room setup as needed
• Registration:use a standard form and settings or customize
parameters and restrictions
• Categories:set main filter categories for age group(s)and
program type(s)
• Details:select from a library of standard images,descriptions, and
disclaimers and/or customize image and details;provide contact
information and upload files
Patrons can request to reserve a room by filling out a form
with the following options:
Room Accept policy Terms&Conditions
Reservations Schedule based on library rules:
o Soonest allowed reservation
o Farthest allowed reservation
o Longest allowed reservation
o Shortest allowed reservation
o Number of reservations allowed in a set period
4126
~
K �� �w� � m��
FEATURES
U r�� r�� �� ���� ��Ur
�n �n � n � ������ ����
^
` Select from public rooms,including the ability torequest
equipment and room setup
` Provide required contact information (norna.library card,email/
phone,address,birth date)
` Select organization type and provida5Ol(c)(3) E|N.ifrequired
` Provide o description of the meeting and notes
` Short forms available by request for specific room types(like study
rooms)
Staff administrators can add Vr edit program types,age
groups, rVVrno' irnoge/deooriptiVn library, and library hours
ot any time.These taxonomies will populate throughout the
Taxonomy LibroryCa|endaroyotern rather than needing to be updated in
Structure multiple locations.4 new event type,for example,will appear
automatically in the event creation form and the calendar
filters.
The LibroryCa|endar system can manage room equipment,
o||Vvving patrons who are reserving rooms to request |optVpo'
Room projectors, and other items. Private equipment can also be
added for use by staff for events.These items can betied
Equipment to individual rooms or shared with validation to ensure no
Setups equipment conflicts. Roornocan also bo assigned setup
^ options (use our standard icons Vr provide your own) oVthat
staff creating events and patrons requesting rooms can
select o particular room configuration.
Rooms and events are assigned tV branches. LibroryCa|endar
can accommodate any number Vf branches and gives staff
Multiple
K�l�B�����h the ability tV add nevvbranches VrrVVrnoot any drne. Patrons
^ can easily filter events or rooms based on branch location.4n
Support additional branch modal tool for selecting preferred locations
before viewing the calendar io available for large systems with
10+ bronoheo.
12
4127
~
K �� �w� � m��
FEATURES
U r�� r�� �� ���� ��Ur
�n �n � n � ������ ����
^
4utornotodornoi| notifications can b000nt for the following
situations:
Staff&Patron ` The library can send custom email notifications toevent
^ ^ ck d
����U����U��� registrants ony me.
` The patron receives on email before on event they registered for.
` The patron receives o reminder email before onon-nagintrotion
event they chose tobu notified about.
` The patron receives on email if their registration status inupdated
(moved up from vvoit|int cancellations,ato)
` The library receives o reminder email when o patron requests
room reservation.
` The patron receives on email when they request oroom
ranan/odon.
` The patron receives on email when o room reservation request in
approved ordenied.
` The patron receives o reminder email before o reservation they
requested.
Libroryornoi|o are dirontodtooponifinornoi| oddr00000 as
requeotedbythe library.You can sot custom ^trigger^tirneo
for rerninderernoi|otVoend' but theyore24 hours befVreby
defou|t. Email |onguogeio standard booedVn000e /ooide
from ouotVrn regiotronternoi|o\' but custom languag000n
be inserted in rnVoternoi|o globally Vrperevent/reoervodVn.
Cuotornizob|o confirmation pogoo that are pr000ntodto
patrons irnrnediote|yfV||Vvving o registration VrreoervodVn
requeotore also ovoi|ob|e.
The Library will be ob|etV shore 000eto from within the CMS tV
externo| vveboiteo and oervioeo via RSS'XML' iCo|'VrJSONdata
Shareable foods. |nn|udoo multiple quory porornotoro forfi|toring roou|to.
P|eooe nVtethot Library Morket cannot guorontee how any
Assets third-party oVdewill parse Vroty|efood results.
451 011 Librory��a|endarVfferothefV||Vvving interoodVn options for
public evento:ShoretVkmitterVr FooebVVk, Print' Email,Add to
Patron Calendar, and Remind Mo.
Interaction
4128
FEATURES r ci r y C „ 11 e iri d a ir
User accounts can be created by any top-level administrator
of LibraryCalendar. Library Market will create a minimum of
one top-level administrator during the staff training phase of
Multi-tier the project and can add different types of users with levels of
Permissions granular control, including:
• Staff User who can view calendars and register patrons for events
• Event Creator who can make and edit events and access reports
• Reservations Administrator who can view and approve room
reservation requests
• User types are fully customizable for the library's needs.
Detailed reports are available, including data for Events,
\� Registrations, Reservations, and Room Setup. Export data,
Event Reporting
bookmark commonly-used reports, and customize what
should be available in each report. Some custom reports are
available by request.
All Library Market products are fully responsive,which means
that they are mobile and tablet-friendly. Layouts stack
vertically on smaller devices, but all of the information is still
Full)/ present, providing a consistent patron experience regardless
Responsive, No of their device. It eliminates the need for a secondary calendar
Apps Needed appl
LibraryCalendar meets WCAG 2.1 AA compliance criteria.
Please note that we are required to use your brand colors in
an accessible way that meets or exceeds appropriate color
Accessibility contrast ratios.
Modern browsers, including Microsoft Edge, Google Chrome,
\� Apple's Safari,and Mozilla Firefox are all supported by Library
Market products. Library Market develops in accordance with
Minimum the standards set forth by the W3C and thoroughly tests our
Browser& software in all modern browsers.
Device Support
14
4129
FEATURES r ci r y C „ I e iri d a ir
1 LibraryCalendar is configured to offer your staff and patrons
a seamless web experience with no lags in response time.
The central calendar that controls both events and room
Fast&Reliable reservations is updated in real-time,eliminating scheduling
conflicts.We host on Pantheon,a premier containerized
environment that offers in-built protection for database
failures and server traffic fluctuations.
Library Market's customer service team is available via
phone and our email help desk ticketing system.All of our
clients will receive periodic updates with new features and
Support improvements to LibraryCalendar as they become available.
Extensive staff training is included with every LibraryCalendar
implementation.This includes a minimum of training the
calendar administrator on all functions and providing a user
Training manual; additional training for specific staff functions is
available as needed.
4130
•
Section
Two
LibraryMarket
project process S
management
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PROJECT
PROCESS
Meet with your dedicated project manager to discuss project
parameters and start collecting information needed for the site
spin up. Establish how library brand assets can be used within
Kickoff the calendar.
Our development team will spin up the site on our server
environment and install and theme the calendar.
Installation�t
Cus%ommiliza%ion
Library rnnntevviththe project rnonoBnrto configure the
daboo|nndorThieino|udnefouretondordeneeione��
�
` Basic Novigodon.User Cnaodon.and Toxonornian
������m�%U�� ` Event,Registration,and Reservation Form Customization
` Event,Registration,and Reservation Settings
` Permissions and Training Strategies
By the end Vf these sessions,the calendar will be ready for
content entry.
Library Market will train the library staff over several sessions
covering Basic Calendar Navigation, Managing Registrations,
Training Creating/Editing Events, and Moderating Reservations.
Library staff will begin the event and room reservation entry
process. M using the optional Evonond migration,this step can
bn skipped.Your project manager will bn available toanswer
Content questions and troubleshoot issues.
Placement
C}n the launch date, Library Market will coordinate with the library
f team to make sure everything goes smoothly and all functions
Launch! and features are working oe intended in the live environment.
4132
SCHEDULING
Upon acceptance of our offer,wo will schedule the Kickoff and Configuration meetings
at your earliest convenience. Presuming your team is available for weekly meetings,the
Kickoff-through-Training phases generally take 5-6 weeks.
The Content Placement phase is self-paced and varies greatly client to client based on
size of library,team availability,etc. During this phase,your project manager will check in
periodically and will start launch planning with you as your team draws closer to having
the necessary calendar content in place.
18
4133
CLIENT
SUPPORT
41 Once a proposal is signed,you'll be assigned to a dedicated
project manager,who will shepherd you through the process.
HOW We Library Market uses a modified version of Agile project
management to ensure a fully-functioning product at launch.
Manage We believe in transparency,and you can expect regular
Projects updates from your project manager.
Our developers use git for version control.All of our sites are
tested in a development environment multiple times to ensure
technical and theme conformance and user functionality
before code is pushed to the production site.
We work with clients closely to identify the right training
schedule and process for their staff using a blend of live and
Training static training resources.Training begins as the configuration
phase draws to a close.At that time,the client is equipped
with a staff administrator login for the production site and
attends live training sessions. We have administrators begin
their training process early on to ensure they can familiarize
themselves with site functions.Additional training sessions
are scheduled based on staff roles and needs. Live training
sessions are held via Zoom and are recorded for future use.
Most clients receive 4-6 hours of live training in total.A full
manual, including step-by-step instructions, is included for all
products.
Ongoing support for the website includes bug fixes, upgrades,
am and support for existing features. Regular support hours
Support are Monday-Friday, 8 a.m.-5 p.m.CST.Additional support
needs,such as new feature requests,additional staff training
sessions, design work,or marketing consultation,can be
purchased at Library Market's hourly rate of$200 or a 36-hour
minimum retainer contract available for$3,600.
4134
CLIENT
REFERENCES
Lisa Kropp
Director, Lindenhurst Public Library
lkropp@lindenhurstlibrary.org
(631) 957-7755
.lindenhurstlibra .orc:l
Todd Schlitt
Director,Amityville Public Library
(Former)Adult Services Director, Half Hollow Hills Community Library
tschlitt@amityvillepubliclibrary.org
(631) 264-0567
ps.;: www.hhhIibr .:.o.rc:
Alex Vancina
IT Department Head, Helen Plum Library
avancina@helenplum.org
(630) 656-6909
/ .helenf�al�ur .o
20
4135
•
Section
Three
LibraryMarket
project terms S pricing
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�, 4136
SERVICE COSTS
LibraryCalendar
Implementation
Description Rate Budget
• Installation,Configuration,and Customization One-Time S2,500
Total Cost $2,500
Annual Subscription Fee
Description Rate Budget
• Hosting,Maintenance,Support,and Upgrades Annual S3,000
Total Cost $3,000
First-year total
22
4137
TERMS &
CONDITIONS
Project&Service Agreement for use of determine, in its sole discretion,the manner
LibraryCalendar&LibraryWebsite. and means by which the Services are
accomplished. No agency, partnership,joint
This Agreement is effective as of date of venture, or employee-employer relationship
signing (`Effective Date") by and between: is intended or created by this Agreement.
Neither Party is authorized to act as agent
Provider: or bind the other Party except as expressly
Library Solutions, LLC (doing business as stated in this Agreement. Library Solutions,
Library Market) LLC and the Product or Services prepared
P.O. Box 17332 by Library Solutions, LLC shall not be
Jonesboro,AR 72403 deemed a work for hire as defined under
Copyright Law.All rights granted to Client
and are contractual in nature and are expressly
defined by this Agreement.
Client: Monroe County
Monroe County Public Library SECTION 2. CONTRACT PERIOD
700 Fleming Street
Key West, FL 33040 This Agreement will begin on the Effective
Date and continue for an initial term of one
year.The Agreement will automatically
renew for additional terms of one year
each unless either Party gives notice of
Whereas, cancellation at least 30 days prior to
1)the Client wishes to obtain and the the expiration of the original term or any
Provider wishes to grant a nonexclusive, renewal thereof.
nontransferable license to use
LibraryCalendar(hereinafter referred to as SECTION 3. BILLING AND PAYMENT
"Product")for the term and specific purpose
set forth in this Agreement,and 3.1.Compensation
2)each Party represents and warrants that Client agrees to pay Library Solutions, LLC
it has the right and authority to enter into (dba Library Market)the fees listed in the
this agreement and that doing so will not Project Proposal, including all applicable
violate,conflict with,or cause a material taxes. In the event that a project requires
default under any other contract,agreement, Library Solutions, LLC representatives to
indenture,decree,judgment, undertaking, travel to a physical site,Client will pay
conveyance, lien, or encumbrance to which it Library Solutions, LLC expenses, including,
is a party or by which any of its property is or but not limited to:(a) incidental and out-
may become subject or bound, of-pocket expenses at cost plus Library
the Parties agree as follows: Solutions, LLC's standard markup of 20%: (b)
mileage reimbursement, other than normal
SECTION 1. RELATIONSHIP OF THE PARTIES commuting,at$.55 per mile; (c)travel
expenses,other than normal commuting,
Library Solutions, LLC is an independent including airfare and rental vehicles,
contractor. Library Solutions, LLC shall with client approval. Pricing in the Project
Proposal includes only Library Solutions, LLC
4138
TERMS &
CONDITIONS
fees.Any other costs, such as domain name Change Order describing the requested
registration, art/font licensing,or media rights changes in detail. Within 7 days of receiving
shall be purchased and maintained by the a Change Order, Library Solutions, LLC
Client. Invoices shall list any expenses and will respond with a statement proposing
additional costs as separate items. designers'availability,additional fees,
changes to delivery dates,and any
3.2.Payment Schedule modification to the Agreement. Library
Payment is due according to the project Solutions, LLC will evaluate each Change
timeline.The Implementation Fee and any Order at its standard rate and charges.
Optional Services Fees for installing and Client will be billed on a time and materials
customizing the Product for the Client will be basis at Library Solutions, LLC's hourly rate
due immediately upon signing contract.The of$200 per hour. Such charges shall be
LibraryCalendar Annual Subscription Fee for in addition to all other amounts payable
hosting, maintenance, support, and upgrades under this Agreement, despite any
will be due at date of project completion. maximum budget,contract price,or final
price identified. Library Solutions, LLC may
After contract is signed, both Parties shall extend or modify any delivery schedule
agree to a project timeline, beginning with a or deadlines in the Agreement as may be
project start date and ending with a project required by such changes. Client will have
completion date. 7 days to respond in writing accepting or
rejecting the new proposal. If Client rejects
Should the Client elect to postpone product the proposal, Library Solutions, LLC will
launch date for any reason,the Annual not be obligated to perform any services
Subscription Fee shall still be assessed beyond those in the original Agreement.
immediately after Library Solutions, LLC
has completed the project.All invoices are SECTION 5. LICENSES
payable within 30 days of receipt.
The Provider hereby grants to the Client a
3.3.Late Payment personal, nonexclusive, nontransferable
A monthly service fee of 1.5 percent, or the license during the term of this Agreement
maximum allowed by law, is payable on all to use, in object code form,all software
overdue balances.All grants of any license to and related documentation provided by
use or transfer ownership of any intellectual the Provider furnished to the Client under
property rights under this Agreement are this Agreement.The Client agrees to use
conditioned on full payment, including all commercially reasonable efforts to ensure
outstanding additional costs,expenses,fees, that its employees and users of the Product
or any other charges. hereunder comply with the terms and
conditions set out in this Agreement.The
SECTION 4. CHANGES TO PROJECT Client agrees to refrain from any attempts
SCOPE to derive a source code equivalent,such as
reverse assembly or reverse compilation,
If Client wants to change the scope of work of the Product.All material furnished to the
after acceptance of this Agreement,Client Client under this Agreement shall be used
shall send Library Solutions, LLC a written for the Client's internal business purposes
24
4139
TERMS &
CONDITIONS
only, shall not be reproduced or copied in is prohibited by any law or regulation,
whole or in part. facilitates the violation of any law or
regulation,or disrupts any third parties'
SECTION 6. LEGAL COMPLIANCE similar use of the Product,and not violate
or tamper with the security of any of
Each Party shall,at its own expense,comply the Provider's computer equipment or
with all laws, regulations,or other legal programs.
requirements that apply to it and this
Agreement, including copyright, privacy,and If the Provider has reasonable grounds
communications decency laws.The Client to believe that the Client is utilizing the
represents and warrants it shall undertake Product for any such illegal or disruptive
any responsibilities and expenses incurred purpose,the Provider retains the right to
should any consent,approval,or authorization suspend the Product immediately with or
via designation,declaration,or filing with without notice to the Client.The Provider
any government authority be required in may terminate the Agreement as outlined
connection with the valid execution, delivery, in Section 12 if the Client fails to adhere to
and performance of this Agreement. these acceptable use standards.
SECTION 7. REPRESENTATIONS AND THE WARRANTIES SET FORTH IN THIS SECTION
WARRANTIES ARE THE ONLY WARRANTIES MADE BY THE
PROVIDER.THE PROVIDER MAKES NO OTHER
Client represents and warrants to Library WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,
Solutions, LLC that,to the best of Client's WITH RESPECT TO THE PRODUCT AND ANY
knowledge, use of the Client Content does not RELATED SERVICES OR SOFTWARE.THE PROVIDER
infringe the rights of any third party. Library HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED
Solutions, LLC represents and warrants to WARRANTY OF MERCHANTABILITY,FITNESS FOR
Client that,to the best of Library Solutions, A PARTICULAR PURPOSE OR COMPLIANCE WITH
LLC's knowledge,the Product will not violate LAWS OR GOVERNMENT RULES OR REGULATIONS
the rights of any third parties. APPLICABLE TO THE PRODUCT,OR IMPLIED
WARRANTIES ARISING FROM A COURSE OF DEALING
Library Solutions, LLC will retain the right to OR COURSE OF PERFORMANCE.NO ORAL OR
use, modify, and reproduce any content and WRITTEN INFORMATION GIVEN BY THE PROVIDER,ITS
images created for the Client, unless where EMPLOYEES,OR THE LIKE WILL CREATE A WARRANTY.
prohibited by law.These uses can include self-
promotion, client portfolios,and future client SECTION 8. LIMITATION OF LIABILITY
projects.
Client shall indemnify Library Solutions, LLC
The Client is solely responsible for the content from any and all damages, liabilities,costs,
of any postings,data,or other transmissions losses,expenses,or attorney fees arising
or uses of the Product by any person or entity out of any claim,demand, or action by a
the Client permits to access the Product.The third party due to materials included in
Client represents and warrants that it will: Product at the request of the Client.
Not use the Product in a manner which:
4140
TERMS &
CONDITIONS
8.1.Damages the Provider shall,to the extent possible
EXCLUDING THE LIABILITY UNDER THE SECTION and at its expense, either(a) procure for
ENTITLED"NO INFRINGEMENT"BELOW,UNDER NO the Client the right to continue to use the
CIRCUMSTANCES WILL THE PROVIDER OR ANYONE services that are infringing,or(b) replace
ELSE INVOLVED IN ADMINISTERING,DISTRIBUTING,OR or modify the services to make their use
PROVIDING THE SERVICES BE LIABLE FOR ANY INDIRECT, non-infringing while being capable of
INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES performing the same function within 60
THAT RESULT FROM THE USE OF OR INABILITY TO USE days. If neither option is available to the
THE SERVICES,INCLUDING,BUT NOT LIMITED TO:LOSS Provider,then the Client may terminate
OF REVENUE,LOSS OF PROFITS,OR DAMAGES THAT this Agreement without penalty or further
RESULT FROM MISTAKES,OMISSIONS,INTERRUPTIONS, payment other than payment of fees for
DELETION OF FILES OR EMAIL,ERRORS,DEFECTS, use of the Product prior to termination.
VIRUSES,DELAYS IN OPERATION OR TRANSMISSION,
FAILURE OF PERFORMANCE,THEFT,DESTRUCTION,OR SECTION 9. CONFIDENTIAL
UNAUTHORIZED ACCESS TO THE PROVIDER'S RECORDS, INFORMATION
PROGRAMS,OR SERVICES,EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.1.Definition
IN THE EVENT OF ANY BREACH BY THE PROVIDER OF For purposes of this Agreement,
THIS AGREEMENT,THE PROVIDER'S LIABILITY TO THE "Confidential Information" shall mean
CLIENT WILL NOT EXCEED THE AMOUNT PAID TO THE information including,without limitation,
PROVIDER BY THE CLIENT DURING THE PREVIOUS THREE all data,computer programs, code,
MONTHS. algorithms, names and expertise of
employees and consultants, know-how,
82.No Infringement formulas, processes, ideas, inventions
The Provider warrants that the Product will not (whether patentable or not),schematics
infringe any patents,trademarks,copyrights, and other technical, business,financial
or any other proprietary rights of a third party and product development plans,
or constitute a misuse or misappropriation forecasts,strategies and information
of a trade secret(`Infringement").The Client marked "Confidential,"or,if disclosed
shall notify the Provider promptly in writing of verbally,is identified as confidential at
any known action brought against the Client the time of disclosure. In addition to the
based on an allegation that the Client's use foregoing,Confidential Information shall
of the Product constitutes Infringement.The include third party software, if any,that
Provider will defend, indemnify, and hold the may be provided to Customer under this
Client harmless from any such action at the Agreement, including any related source
Provider's sole expense, provided that the or object codes,technical data,data
Provider shall have sole control of the defense output of such software,documentation,
of any such action and all negotiations and/ or correspondence owned by the
or settlements and that the Client reasonably applicable Provider.
cooperates with the Provider in such defense.
In the event that a final injunction is obtained Confidential Information excludes
against the Client's use of the Product by information that:
reason of an Infringement or the Client is
otherwise prohibited from using the same, a.Was or becomes publicly known through
26
4141
TERMS &
CONDITIONS
no fault of the receiving Party; non-disclosure/non-use obligations.
b.Was rightfully known or becomes rightfully
known to the receiving Party without 9.3.Agreement
confidential or proprietary restriction from a Each of the Parties agrees not to disclose
source other than the disclosing Party; to any third party the terms of this
c. Is independently developed by the receiving Agreement, including pricing,without
Party without the participation of individuals the prior written consent of the other
who have had access to the Confidential Party except to advisors, investors, and
Information; others on a need-to-know basis under
d. Is approved by the disclosing Party for circumstances that reasonably ensure
disclosure without restriction in a written the confidentiality thereof, or to the extent
document which is signed by a duly required by law.
authorized officer of such disclosing Party;
and 9.4.Injunctive Relief
e.The receiving Party is legally compelled to In the event of an actual or threatened
disclose; provided, however,that prior to any breach of the above confidentiality
such compelled disclosure,the receiving Party provisions,the non-breaching Party will
will: (i)assert the privileged and confidential have no adequate legal remedy and will
nature of the Confidential Information against be entitled to immediate injunctive and
the third party seeking disclosure and (ii) other equitable relief without bond and
cooperate fully with the disclosing Party in without the necessity of showing actual
protecting against any such disclosure and/ money damages.
or obtaining a protective order narrowing
the scope of such disclosure and/or use of SECTION 10. CLIENT RESPONSIBILITY
the Confidential Information. In the event
that such protection against disclosure is not Under the terms of this Agreement,the
obtained,the receiving Party will be entitled to Client guarantees that it will:
disclose the Confidential Information, but only
to the extent necessary to legally comply with 1)Accept sole responsibility for the
such compelled disclosure. content of any communications the Client
transmits using the Product and shall
9.2.Nondisclosure defend, indemnify,and hold harmless the
During this the term of this Agreement and Provider from and against all liabilities and
for a period of 2 years thereafter, each Party costs (including reasonable attorney's
agrees to use Confidential Information only fees) arising from any and all third-party
as permitted under this Agreement; Each claims based on the content of such
Party agrees to only disclose the other Party's communications.
Confidential Information to its employees: (a) 2) Make no attempts to resell the Product.
on a need-to-know basis in order to further 3) Use the Product only for lawful purposes.
permitted uses of such information; and (b) 4) Implement and maintain security
who are informed of the nondisclosure/non- procedures necessary to limit access to
use obligations imposed by this Agreement. the Product to the Client's authorized users.
Both parties shall take steps each determines 5) Implement and maintain external
appropriate to implement and enforce such procedures for reconstruction of lost or
4142
TERMS &
CONDITIONS
altered files,data,or programs. restoration.All service outage claims
6) Establish designated points of contact for are subject to review and verification
interfacing with the Provider. by the Provider,who reserves the right
7) Provide Library Solutions, LLC with any Client to change or modify the foregoing rules
data necessary to implement the Product, or discontinue this limited guarantee
including, but not limited to,the requested program with 30 days' prior written
content package. Client failure to assemble notification to the Client.
and submit the content package in advance
of the development phase start date may 122.Customer Service
delay project timeline. Customer service requests are handled
through a support ticket system. Hours for
SECTION 11. CLIENT DATA customer service are Monday-Friday, 8
a.m.to 5 p.m. CST.
All data is owned by the Client and is to be
held in strict confidentiality.The Provider will SECTION 13. BACKUP DATA
delete and destroy all copies of data once
the Agreement is terminated with or without The Provider will deliver a full backup of
default as outlined in this Agreement.The customer data in .TAR format on a flash
Client has the option to receive backup data drive via U.S. Priority Mail provided the
prior to deletion.All rights,titles, and interests Client agrees to pay a charge of$50.00
in and to the Product and all copyrights, per backup copy.
patents,trademarks,service marks, or other
intellectual property or proprietary rights SECTION 14. TERMINATION
relating thereto belong exclusively to the
Provider.Any modification to the Product 14.1. Termination Procedures
performed by the Client that directly or If any Party fails to perform or observe
indirectly extends the current capabilities any material term or condition of this
shall be the property of the Provider, and Agreement and such failure continues
all copyrights and other rights are hereby without remedy for 30 days after receipt
assigned to the Provider. of written notice:1)the other Party may
terminate this Agreement, or 2)where
SECTION 12. SERVICE PERFORMANCE the failure is nonpayment by Client of any
GUARANTEES charge when due,the Provider may,at its
option,terminate or suspend services if the
12.1.Hosting and Service Outages Client does not cure said breach within 7
The Provider guarantees 99.9%availability days following a notice of delinquency.
of the hosting services required to use the
Product. In the event of a service outage,the 142.Insolvency
duration will be determined by totaling the This Agreement may be terminated
amount of time trouble tickets are open with immediately upon written notice by either
Provider Customer Support for service.The Party if the other Party becomes insolvent
time begins when Provider Customer Support or involved in a liquidation or termination
opens a trouble ticket and ends when Provider of business,files a bankruptcy petition,
Customer Support notifies the Client of service has an involuntary bankruptcy petition
28
4143
TERMS &
CONDITIONS
filed against it(if not dismissed within 30 days Parties. No provision of any purchase order
of filing), becomes adjudicated bankrupt, or or other document issued by the Client
becomes involved in an assignment for the shall be binding or effective for any purpose
benefit of its creditors. unless accepted by the Provider in writing. It
is further expressly understood and agreed
14.3.Charges that,there being no expectations to the
The Client shall be responsible for payment contrary between the Parties, no regular
of all charges under a terminated practice or method of dealing between
Agreement incurred as of the effective date Parties or their respective industries shall
of termination. If the Client terminates this be used to modify, interpret,supplement,
Agreement or elects to reduce the number or alter in any manner the express terms of
of authorized end users,then, in addition this Agreement or any part thereof.
to amounts due for use of the Product and
Support Services actually rendered prior to the 16.2.
termination of this Agreement or reduction Nothing contained in this Agreement shall
of users,there shall be immediately due and be construed as creating a joint venture,
payable by the Client an amount equal to 50% partnership, or employment relationship
of the fees that would have been paid for the between the Parties, nor shall either Party
remainder of the term. have the right, power,or authority to create
any obligation or duty, express or implied,
SECTION 15. DISPUTE RESOLUTION on behalf of the other.
Parties agree to attempt to resolve any 16.3.
dispute by negotiation between the Parties. The Product or any associated materials
If Parties are unable to resolve the dispute by shall not be exported or re-exported in
negotiation,either Party may start mediation violation of any export control provisions of
and/or binding arbitration in a forum mutually the United States or any other applicable
agreed to by the Parties. jurisdiction.
The prevailing Party shall be entitled to
recover its attorneys'fees and costs in any 16.4.
dispute resolved by binding arbitration or This Agreement may not be assigned,
litigation. sublicensed, or transferred in whole or in
part by the Client without the prior written
SECTION 16. GENERAL PROVISIONS consent of the Provider.Any attempted
assignment, subletting, or transfer shall be
161 void.
This Agreement, including any amendments
and attachments that are incorporated 16.5.
herein,constitute the entire agreement If any provision(s) of this Agreement
between the Parties and shall be binding shall be held to be invalid, illegal,or
when accepted by the Client. No modification, unenforceable,the validity, legality,and
termination,or waiver of any provisions of this enforceability of the remaining provisions
Agreement shall be binding unless in writing shall not be in any way affected or
and signed by authorized officers of the impaired thereby.
4144
TERMS &
CONDITIONS
pursuant to the terms of this Agreement
16.6. and
No delay or failure either Party in exercising 2) listing the locations where the Product is
any rights) herein and no partial or single being used.
exercise thereof shall be deemed in itself
to constitute a waiver of such rights)or 16.9.
any other rights herein.Any waiver by either This Agreement may be executed in two
Party of any breach of the provisions of this or more counterparts, each of which shall
Agreement shall not operate or be construed be deemed to be an original, and each
as a waiver of any subsequent or other of which together shall constitute a single
breach. instrument.
16.7. 16.10.
In the event that either Party is unable to This Agreement shall be governed by and
perform any of its obligations under this construed under the laws of the State of
Agreement or to enjoy any of its benefits Arkansas applicable to contracts made in
because of natural disaster,terrorism,fire, and wholly to be performed in the State of
explosion, power blackout, earthquake,flood, Arkansas without regard to conflicts of law.
the elements, strike,embargo, labor disputes, 16.11.
acts of civil or military authority,war,acts of The he terms and conditions of the attached
god,acts or omissions of carriers or suppliers, Addendum to this Agreement are hereby
acts of regulatory or governmental agencies, incorporated by reference.
actions or decrees of governmental bodies or
communication line failure not the fault of the
affected Party or other causes beyond such
Party's reasonable control (a "Force Majeure
Event"),the Party has been so affected shall
immediately give notice to the other Party
and shall do everything possible to resume
performance. Upon receipt of such notice,
all obligations under this Agreement shall
be immediately suspended. If the period of
nonperformance exceeds 7 days from the
receipt of notice of a Force Majeure Event,the
Party whose ability to perform has not been
so affected may, by giving written notice,
immediately terminate this Agreement as
provided in Section 14.
16.8.
The Client shall furnish, at the Provider's
request but no more frequently than annually,
a signed certification:
1)verifying that the Product is being used
30
4145
ACCEPTANCE
Checks payable to: Proposal Date:
LibraryMarket December 10, 2024
Address:
PO Box 17332
Jonesboro,AR 72403
u
•• Descriptions T• •
• LibraryCalendar Implementation $2,500.00
• Libra ryCalendar Subscription (Annual) $3,000.00
Total Cost $5,500.00
Payment Terms
MONIROE COUNTY ATTORNEY 5 OFFICE
• Implementation and Optional Services fees due upon signing
• Annual Subscription fee due at launch
PATRIaaa EAB; s
AMISTANT COUNTY ATTORNEY
DATE,: _ _1L03L2025 ,
MONROE COUNTY County Administrator
Client Name Position
Signature of Approval Date
Christine Hurley
December 10,2024
Ben Bizzle CEO Date
4146
ADDENDUM TO PROJECT PROPOSAL DATED DECEMBER 10, 2024
BETWEEN LIBRARY SOLUTIONS, LLC, D/B/A LIBRARY MARKET
AND MONROE COUNTY
Library Solutions, LLC, d/b/a Library Market ("Library Market" / "Contractor"), and
Monroe County ("County") agree to adopt this Addendum as part of the Library Market Project
Proposal dated December 10, 2024 ("Proposal Agreement"), submitted for use of a nonexclusive
nontransferable to use LibraryCalendar for the Monroe County Public Library system, which will
become a part of its Library website ("Product"/ "Project").
1. As noted in Section 16.11 of the Proposal, the terms and conditions set forth in this
Addendum are hereby incorporated into the Proposal Agreement as if fully set forth therein. The
Proposal and this Addendum shall be collectively known as the "Agreement".
2. MAINTENANCE OF RECORDS. Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a period of three
(3)years from the termination of this Agreement. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for three (3) years
following the termination of this Agreement. If an auditor employed by Monroe County or County
Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the
Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida
Statutes, running from the date the monies were paid to the Contractor.
3. RIGHT TO AUDIT. Availability of Records. The records of the parties to this
Agreement relating to the Project, which shall include but not be limited to accounting records
(hard copy, as well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files
(including documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates
and dividends; any other supporting evidence deemed necessary by County or the Monroe County
Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to
substantiate charges related to this agreement, and all other agreements, sources of information
and matters that may in County's or the County Clerk's reasonable judgment have any bearing on
or pertain to any matters, rights, duties, or obligations under or covered by any contract document
(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit
and/or reproduction by County's representative and/or agents or the County Clerk. County or
County Clerk may also conduct verifications such as,but not limited to, counting employees at the
job site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special
1
4147
charges, verifying information and amounts through interviews and written confirmations with
employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept
for three (3) years after Final Completion of the Project. The County Clerk possesses the
independent authority to conduct an audit of Records, assets, and activities relating to this Project.
If an auditor employed by Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,
or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were
paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this
Agreement.
4. PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article
I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms
of this provision shall be deemed a material breach of this contract and the County may enforce
the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
2
4148
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by
the Contractor. A Contractor who fails to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to penalties under Section
119.10, Florida Statutes.
The Contractor shall not transfer custody,release, alter,destroy, or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
STREET, SUITE 408, KEY WEST, FL 33040, „ „l��!,�,�°,,, ",�orris.()tno„nro e�°„o„uply
1II g2v, (305) 292-3470.
5. NONDISCRIMINATION / EQUAL EMPLOYMENT OPPORTUNITY.
CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
of the part of any parry, effective the date of the court order. Contractor or County agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color,
religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20
USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section
504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination
on the basis of disability; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-
6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
3
4149
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title
VIH of Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination of the basis of disability; 10)Monroe County Code Chapter 14,Article II,which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
6. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery, and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Agreement to legal counsel of its choice and enters into this Agreement freely,
voluntarily, and with advice of counsel.
7. CONVENANT OF NO INTEREST. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, either direct or indirect, which would
conflict in any manner or degree with its performance under this contract, as provided in Sec.
112.311, et. seq., Florida Statutes, and the only interest of each is to perform and receive benefits
as recited in this Agreement.
8. CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position; conflicting employment or contractual relationship; and disclosure or use of
certain information.
9. NO SOLICITATION/PAYMENT. County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the provision,
the Contractor agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount
of such fee, commission,percentage, gift, or consideration.
10. E-VERIFY SYSTEM. "Beginning January 1,2021, in accordance with Section 448.095,
Florida Statutes, as may be amended from time to time,the Contractor and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the work authorization status of all new employees hired by the Contractor during the term
of the Contract and shall expressly require any subcontractors performing work or providing
4
4150
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the work authorization status of all new employees hired by the
subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that
the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of the contract. The Contractor
shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. Pursuant to Section
448.095:
1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an
entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the
contract with the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly violated this
subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the
Bidder and order the Bidder to immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not be
considered as such. If a public agency terminates a contract with a Bidder under this paragraph,
the Bidder may not be awarded a public contract for at least 1 year after the date on which the
contract was terminated. A Bidder is liable for any additional costs incurred by a public agency
as a result of the termination of a contract."
11. ANNUAL APPROPRIATION. The County's performance and obligation to pay under
this Agreement is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent are
withdrawn,this Agreement is terminated, and the County has no further obligation under the terms
of this Agreement to the Contractor beyond that already incurred by the termination date.
12. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage,nor shall any Agreement entered into by the County be required to contain any provision
for waiver.
13. ATTESTATIONS. Contractor agrees to execute such documents as the County may
reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
14. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which will be deemed to be an original, but all of which when taken
together will constitute the Agreement. If any signature is delivered by email delivery of a".pdf'
format data file, such signature will create a valid and binding obligation of the party executing
(or on whose behalf such signature is executed) with the same force and effect as if the ".pdf'
signature was an original signature. The Contractor's transmitting an electronic signature will
provide the inked original to the County, at the County's request.
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COUNTY FORMS
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COUNTY FORMS AFFIDAVIT
I, of the city of according to law on my oath,and under penalty
of perjury,depose and say that:
I am of the firm of Library Solutions, LLC ("CONTRACTOR/CONSULTANT"),the
firm entering into an Agreement with the County and that I executed the said proposal with full authority to do so.
By signing this Affidavit,CONTRACTOR/CONSULTANT has sworn or affirmed to the following requirements as set forth
in the Public Entity Crime Statement, Ethics Clause, Drug-Free Workplace Statement, Vendor Certification
Regarding Scrutinized Companies List,Foreign Country of Concern,and Common Carrier as set forth below:
Public Entity Crime Statement
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may
not submit a bid,proposal,or reply on contracts to provide any goods or services to a public entity,may not submit a bid,
proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work,may
not submit bids,proposals,or replies on leases of real property to public entity,may not be awarded or perform work as a
contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
The CONTRACTOR/CONSULTANT certifies and agrees that neither the firm nor any Affiliate has been placed on the
convicted vendor list within the last 36 months.
CONTRACTOR/CONSULTANT will promptly notify the COUNTY if it or any subcontractor is formally charged with an
act defined as a"public entity crime"or has been placed on the convicted vendor list.
Ethics Clause
By signing this Affidavit,CONTRACTOR/CONSULTANT warrants that he/it has not employed,retained or otherwise had
act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County may,in its discretion,terminate this Agreement without liability and may also,in its discretion,deduct from the
Agreement or purchase price,or otherwise recover,the full amount of any fee,commission,percentage,gift,or consideration
paid to the former County officer or employee.
Drug-Free Workplace Statement
CONTRACTOR/CONSULTANT in accordance with Florida Statute 287.087 hereby certifies that
CONTRACTOR/CONSULTANT shall:
1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a
controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business' policy of maintaining a drug-free
workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may
be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the
statement specified in subsection(1).
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4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or
contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer
of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893 (Florida Statutes)or of any
controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five
(5)days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such
is available in the employee's community,or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
The person authorized to sign this Affidavit certifies that CONTRACTOR/CONSULTANT complies fully with the above
requirements.
Vendor Certification Regarding Scrutinized Companies Lists
CONTRACTOR/CONSULTANT agrees and certifies compliance with the following:
Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into
or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company
is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes,
or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes,also prohibits a company from bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that
are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Terrorism Sectors List which were created pursuant to s. 215.473, Florida Statutes, or is engaged in
business operations in Cuba or Syria.
As the person authorized to sign on behalf of CONTRACTOR/CONSULTANT,I hereby certify that the company
identified above as "CONTRACTOR/CONSULTANT"is not listed on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Terrorism Sectors List,or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County
may be terminated immediately, at the option of the County,if the company is found to have submitted a false
certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria.
Vendor has reviewed Section 287.135,Florida Statutes,and in accordance with such provision of Florida law,is eligible to
bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services.
Note: The List are available at the following Department of Management Services Site:
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nn trr�f,Y ccn,nmlaintrts vendor lists
Foreign Countries of Concern
The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form ("Form")is required by Section
287.138,Florida Statutes,which is deemed as being expressly incorporated into this Form.The Affidavit must be completed
by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid,proposal,
quote,or other response,or otherwise entering into a contract with the County.If being awarded the Contract,or otherwise
entering into the Contract,would grant Contractor access to an individual's personal identifying information,pursuant to
section 287.138, Florida Statutes,the undersigned, on behalf of Contractor,hereby certifies,represents, and warrants that
Contractor is not affiliated with a foreign country of concern,as such countries are identified in section 287.138(1),Florida
Statutes. The undersigned additionally certifies, represents, and warrants that: (A) Contractor is not owned by a foreign
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country of concern; (B)the government of a foreign country of concern does not have a controlling interest in Contractor;
and(C)Contractor is not organized under the laws of nor has its principal place of business in a foreign country of concern.
Common Carrier
If Contractor is a common carrier,as defined by Section 908.111,Florida Statutes,then Contractor hereby certifies that it is
not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a
person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or
departure of the person from this state or the United States.
THE STATEMENTS CONTAINED IN THIS AFFIDAVIT ARE TRUE AND CORRECT,
AND MADE WITH FULL KNOWLEDGE THAT MONROE COUNTY RELIES UPON
THE TRUTH OF THE STATEMENTS CONTAINED IN THIS AFFIDAVIT IN
AWARDING CONTRACTS FOR SAID PROJECT.
UNDER PENALTIES OF PERJURY, I HEREBY CERTIFY AND DECLARE THAT I
HAVE READ AND UNDERSTAND THE FOREGOING AFFIDAVIT. PURSANT TO
THE AUTHORITY GRANTED TO THE UNDERSIGNED BY CONTRACTOR, THE
UNDERSIGNED HEREBY ACKNOWLEDGES, AFFIRMS, AND MAKES THE ABOVE
SWORN CERTIFICATIONS ON BEHALF OF CONTRACTOR.
Signature of Contractor (Date)
(Title)
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of , 2024,
by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification Produced
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AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative:
(Name and Title)
Address:
City: State: Zip:
Phone Number:
Email Address:
As a nongovernmental entity executing, renewing, or extending a contract with a government
entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor
does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual
or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor
does not use coercion for labor or services in accordance with Section 787.06. Additionally,
Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
Certified By: who is
authorized to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
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