City Council Agenda and Packet 2015 12 01

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5. Individual Member Annual Assessment Formula. Louisville Public Library agrees to pay FLC a sum calculated from the attached document, labeled ATTACHMENT A, for the permitted entry and manipulation of bibliographic, circulation and public access catalog records, and system support. The annual charge shall be determined by taking the total costs of all participating Libraries and allocating the incremental costs using the parameters described in said ATTACHMENT A. 6. Upgrades and New Applications. As new software modules become available from the ILS vendor, and major new applications are developed which require a significant investment of resources in hardware or software exceeding $5,000, the costs for these services shall be subject to negotiation and written agreement between FLC and the ILS vendor. FLC agrees to make these available to the member library in a reasonably timely manner if an agreement is reached between FLC and the ILS vendor prior to implementation. If agreement cannot be reached concerning costs, FLC shall be under no obligation to make these modules and applications available. 7. Annual Notice of Charges by FLC. By May 1st of each year that this Agreement is in effect, FLC shall provide preliminary written notice to the member library of the charges specified in this Agreement in ATTACHMENT A which shall be in effect for the current calendar year. Upon advance request, the member library may, at a mutually convenient time or times, inspect those records of FLC which reflect the content of such charges. 8. Colorado Library Privacy Rules. Both Parties recognize that records and information contained in the FLC ILS system are subject to the privacy provisions of the Colorado Library Act, Section 24 -90 -119 C.R.S., as amended. Both Parties agree to maintain in effect such rules and procedures as are necessary in order to comply with those provisions. 9. Manipulation of and Access to Bibliographic Data. During the term of this Agreement, Louisville Public Library shall be allowed to enter, delete, edit and allow public access to the bibliographic data entered into the FLC shared ILS system. 10. Charges Due and Payable. All charges provided for herein shall be due and payable to FLC within 60 days following receipt of an invoice statement from FLC. If the charges due are not timely paid, FLC, at its option, may cease all services and privileges hereunder until such charges are paid. 11. FLC Obligations. The obligations of FLC herein are contingent upon the continued availability of its computer hardware and supporting software. a. FLC shall maintain its servers, terminals, modems, and other equipment at the FLC operations location in good repair solely at its own expense. Unless agreed to by the parties in writing, FLC equipment shall not be housed at member libraries. b. Should any equipment within the ILS system cease to operate properly, FLC shall not be required to allow the member library use of the ILS during the period if FLC's equipment is not in good working condition. c. Should software modifications or a program fix be required of the ILS, FLC shall not be required to allow the member library use of the system while it is inoperable, however, if the ILS system is inoperable for more than a total of 14 calendar days in a year, the member library shall receive a prorated credit for its use charges for each day in excess of 14 days that the system is inoperable. 17