9/05-22
CITY OF SIMI VALLEY
MEMORANDUM
May 16, 2022
TO: City Council
FROM: Office of the City Manager
SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF SIMI VALLEY A ND LIBRARY
SYSTEMS AND SERVICES, LLC FOR THE PROVISION OF LIBRARY SERVICES THROUGH JUNE 30, 2027
STAFF RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute a contract between the City of Simi Valley (City) and Library Systems & Services, LLC (LS&S) for the provision of library services through June 30, 2027.
BACKGROUND AND OVERVIEW
On February 28, 2013, the City Manager executed a contract for the transition of services and day-to-day operation of the Simi Valley Public Library (Library) with LS&S. The original contract consisted of a n initial five-year term, with two additional two-year extension options. The City elected to exercise both extension options, and the second two- year extension option will expire on June 30, 2022, completing the City’s current agreement with LS&S.
The day-to-day operation of the Library has been managed by LS&S since July 1, 2013.
Staffed by a team of up to 26 employees (17 full -time employee equivalents), LS&S has served the community through a wide variety of methods, including the provision of information and reference materials; curating a robust and relevant collection of print books, digital content, and other media formats available in both English and Spanish; developing current and appropriate programming for all demographics of the Simi Valley community; as well as providing general reading recommendations and overall customer assistance for all visitors.
Based on annual year-end reporting, since LS&S assumed responsibility for the provision of library services in 2013, a total of 2,349,983 physical items have been borrowed, along with 158,315 electronic items. Each year, the circulation of digital and electronic content has increased significantly, from only 50 electronic items borrowed in 2013- 14, to more than 67,000 electronic items borrowed in 2020- 21. The Library’s collection of digital and electronic content has increased almost tenfold during that time, along with more than 70,000 books added to the physical collection.
AGENDA ITEM NO.
9A
2 9/05-22
While the Library’s collection of physical and electronic items is a valuable resource for residents, the Library continues to grow and evolve with the community’s needs, serving as a safe and welcoming space for people to meet, collaborate, study, participate in public affairs, engage with programming, play with their children, or just enjoy one of the patio garden spaces. LS&S staff continue to encourage and develop the use of the facility as a community gathering space, hosting a wide variety of events and services, including blood drives, public meetings, Ventura County election services/polling stations, business mentoring, and more. LS&S maintains active partnerships with numerous organizations throughout the community, including Rotary International, Soroptimist I nternational, Ventura County SCORE, the Simi Valley Chamber of Commerce, the Simi Valley Unified School District, as well as many other volunteer groups and community partners. The Library also participates in a variety of outreach events, such as street fairs, festivals, job fairs, and other activities with agencies like the Rancho Simi Recreation and Parks District and the Boys and Girls Club. Through the provision of these services and active community engagement, the Library has been able to serve more than 1,085,000 visitors since 2013.
Additionally, in 2017, the Simi Valley Library Board of Trustees adopted the Library’s 2017-2022 Strategic Plan, prepared by LS&S, to guide the Library’s direction for the future. The strategic plan ensured intentional focus on the following priority areas: Making Access Easier; Telling the Library’s Story; Empowering Customer Service; Cultivating Community Creativity; and Supporting Educational Pursuits. Under our current agreement, and with collaborative input from stakeholders, staff, and the Simi Valley community, LS&S has begun to draft a new strategic plan for the Library that will provide the guidance and framework for the next five years. The plan’s priority areas will include:
Build Community; Connect and Increase Services; Enhance Services; and Build Awareness. Staff will bring the finalized draft of the Library’s new strategic plan to the Library Board of Trustees for review and adoption in the first quarter of FY 2022-23.
FINDINGS AND ALTERNATIVES
As the current contract with LS&S for the day-to-day operation of the Library is scheduled to expire on June 30, 2022, C ity staff requested that LS&S draft a new agreement proposal for the continued operation of the facility. The proposed contract consists of an initial five -year term beginning July 1, 2022 and conc luding June 30, 2027, with two additional two-year extension options. In negotiating the terms of the agreement , staff requested that in addition to maintaining all current service levels, LS&S will also provide the following:
• Addition of an Assistant Library Director position. (New agreement will require no less than 17 full-time equivalent employees, with a minimum of three professional librarians, one Assistant Library Director, and one Library Director).
• Appropriate staffing to keep the Library open to the public for 58 hours per week (an increase from the current service level of 55 hours per week). 3 9/05-22
T
hese service level additions, as well as the proposed operating budget and schedule of costs, can be found under “Schedule A – Library Service Delivery Agreement”, which is included in the Simi Valley Master Services Agreement attached to this report.
T
able 1 below summarizes the cost for the provision of Library Services for the durat ion of the proposed five-year contract, along with a comparison to the current costs under the expiring agreement. The total cost for the initial five- year term under the proposed agreement are $8,644,013. Should the City elect to exercise one or both of the additional two-year extension options, the costs for those services would be in addition to the amounts specified below.
Table 1
Current Contract (Expiring) Total Operating
Expenses
% Change
from Prior
Year
Collection
Development Total Cost
Contract Year 8 - FY 2020-21 $1,302,872 3%* $225,000 $1,527,872 Contract Year 9 - FY 2021-22 $1,336,076 3%* $225,000 $1,561,076 Proposed Contract (New) Total Operating
Expenses
% Change
from Prior
Year
Collection
Development Total Cost
Contract Year 1 - FY2022-23 $1,416,241 6% $225,000 $1,641,241 Contract Year 2 - FY2023-24 $1,458,728 3% $225,000 $1,683,728 Contract Year 3 - FY2024-25 $1,502,490 3% $225,000 $1,727,490 Contract Year 4 - FY2025-26 $1,547,564 3% $225,000 $1,772,564 Contract Year 5 - FY2026-27 $1,593,991 3% $225,000 $1,818,991 *3% year-over-year calculation applied to Personnel Expenses only.
In year one of the proposed contract, total operating expenses would increase by 6% as compared to the final year of the current expiring contract. The 6% increase includes the costs associated with an additional professional librarian/Assistant Library Di rector position, as well as the increase in total weekly hours of service (58 hours total, representing a three hour / 5.45% increase to the hours of operation).
I
n years two through five of the proposed contract, total operating expense costs would increase by 3% year -over-year, which is consistent with the current expiring agreement and provides for cost of living adjustments/increases. Per the U.S. Bureau of Labor Statistics, the average annual increase to the Consumer Price Index (CPI) between 2017 and 2021, (all urban customers, all items, not seasonally adjusted for the Los Angeles - Long Beach-Anaheim metropolitan area) was 3.02%. For the first quarter (Q1) of 2022, the average increase to CPI was 7.80% when compared to Q1, 2021. 4 9/05-22
T
he following alternatives are available to the City Council:
1. Aut
horize the City Manager to execute a contract between the City of Simi Valley and Library Systems & Services, LLC for the provision of library services through June 30, 2027;
2. P
rovide staff with other direction.
S
taff recommends alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mov
e to authorize the City Manager to execute a contract between the City of Simi Valley and Library Systems & Services, LLC for the provision of library services through June 30, 2027.
SUMMARY
T
he day-to-day operation and the provision of library services at the Simi Valley Public Library has been managed by LS&S since July 1, 2013. The original contract with LS&S consisted of an initial five-year term, with two additional two-year extension options. The City elected to exercise both extension options, and the second two-year extension option will expire on June 30, 2022, completing the City’s current agreement with LS&S. Staff requested that LS&S draft a new agreement proposal for the continued operation of the facility, and after negotiating the terms of the proposed agreement, LS&S has submitted a contract proposal for the continued provision of library services through June 30, 2027.
I
t is recommended that the City Council authorize the City Manager to execute a contract between the City of Simi Valley and Library Systems & Services, LLC for the provision of library services through June 30, 2027.
___
_________________________________
Linda Swan
Assistant City Manager
P
repared by: Kelly Tinker, Management Analyst
INDEX Page
LS
&S Master Services Agreement ................................................... 5 2 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND LIBRARY SYSTEMS &
SERVICES, LLC FOR LIBRARY SERVICES.
TH
IS CONTRACT is made and entered into in the City of Simi Valley on this 16th day of May, 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and LIBRARY SYSTEMS AND SERVICES, LLC, a Maryland limited lia bility company, hereinafter referred to as CONSULTANT , each a “Party and collectively “Parties”.
RECITALS
WH
EREAS, the , CITY requested a proposal for the operation of the Simi Valley Public Library; and
WH
EREAS, pursuant to s uch request, CONSULTANT s ubmitted a proposal, which was accepted by CITY for the services.
NO
W, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Reci
tals. The foregoing recitals are true and correct and are a part of this Contract (“Agreement”).
2. Ter
m. The term of this Agreement shall be from July 1, 2022 (“Effective Date”), through June 30, 2027. T his Agreement may be extended up to two (2) additional two (2)-year terms upon written consent of the City Manager and Consultant.
3. Descr
iption of Services. The services to be performed by Consultant are as follows:
CO
NSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.
4. Com
pensation and Payment.
A. Th
e total compensatio n payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $8,644,013 (the “Not-To-Exceed Amount”), which amounts do not include the extension options herein above, and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein.
CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not-To- Exceed Amount or any particular or minimum amount of compensat ion or work under this
CONTRACT
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B. After CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not-to-Exceed Amount unless otherwise agreed to by the parties in writing.
C. Payments to the CONSULTANT shall be made within 30 days after receipt of an original invoice from the CONSULTANT and performance of the services by CONSULTANT.
5. CONSULTANT’s Representations and Obligations.
A. CONSULTANT shall perform as required by this CONTRACT.
CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations applicable to CONSULTANT while performing services for the CITY under this Agreement.
C. CONSULTANT agrees to abide by CITY’s Business Tax
Ordinance to the extent applicable to CONSULTANT, of which proof of payment must be obtained prior to performance of this CONTRACT.
D. The CONSULTANT shall keep a tally of the cost for the work ordered by CITY. The CONSULTANT shall not accept work orders from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.
6. Audit
.
A. At any time during normal business hours and as often as the CITY may deem necessary , but in no event more than once every calendar year , CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduc e such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after the respective records are created. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to CITY in connection with any payment to CONSULTANT, which means that CITY will make the payments on time as required under this Agreement, and then will have the right to require CONSULTANT to provide evidence substantiating the respective invoice.
7. Hold Harmless and Indemnification
. CONSULTANT shall defend,
indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and 6 4
employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONSULTANT, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT The CONSULTANT shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of f this CONTRACT. The CITY shall be included as an Additional Insured in the automobile/ liability insurance policies and endorsements of the CONSULTANT. The CONSULTANT must select an attorney reasonably acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
In no event will CONSULTANT or CITY be responsible for any incidental, consequential, indirect, special, or punitive damages in connection with this Agreement, regardless of the nature of the claim, including, without limitation, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation or liabilities to third parties arising from any source, and including in connection with either party’s negligence, recklessness, or willful misconduct, even if that party has been advised of the possibility of such damages. The provisions of this Section survive completion of the services or the termination of this CONTRACT. The provisions of this Section are not limited by the provisions of this CONTRACT relating to insurance. The CONSULTANT shall thoroughly investigate any and all claims subject to the provisions of this Section that trigger an obligation for CONSULTANT to indemnify the CITY , and in such cases CONSULTANT will indemnify the CITY and do whatever is necessary to protect any and all Indemnitees as provided in this Section.
8. Amendments
. Any amendment, modification, or variation from the
provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager or Designee and CONSULTANT.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Termination. If, during the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must give to the CONSULTANT a thirty (30) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the thirty (30) days specified in the notice, such failure shall constitute al breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, CITY, if it terminates this CONTRACT for cause, does not have the right to withhold as an offset from payments due CONSULTANT any damages occasioned by such breach, but reserves all of its rights to claim such damages as permitted by law. The CITY shall be liable to the CONSULTANT only for those fees accrued by the 7 5
CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount.
11. Delivery of Reports in Cases of Termination . If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, the CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the CITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination , subject to the CITY pays CONTRACTOR for any corresponding activities that CONTACTOR has performed and/or must perform to produce, collect and deliver such preparation and work. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
12. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No v erbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
13. Independent Contractor . It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.
CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or other benefits CITY provides for its employees.
CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed. Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.
14. Time of Performance. Time is of the essence in this CONTRACT.
15. Insurance
. CONSULTANT shall, at CONSULTANT’S sole cost and
expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
16. Ownership of Reports and Data. The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the CITY by any of the other party(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY, provided that the foregoing will not apply to Consultant’s products, software, services, data and other technology that existed before the effective date of this Agreement or that are developed by 8 6
the CONSULTANT independently of this Agreement, and to any modification, improvement, or addition to any of the foregoing, together with the related intellectual property rights (collectively “Consultant IP”) . The Consultant IP will remain the sole propriety and Confidential Information of CONSULTANT. CONSULTANT does not grant or provide any implied license or right, whether expressly, by implication, by estoppel, or otherwise, in connection with this Agreement, except for any rights or licenses expressly provided in this Agreement, and CONSULTANT retains all of its rights other than those expressly provided in this Agreement.
17. Conflict of Interest
. Neither CONSULTANT nor any employees,
agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto.
If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 1 1 herein.
In accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.
18. Successors and Assigns
. The terms hereof shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
19. Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
20. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
21. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
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22. Taxpayer Identification Number. CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Cert ification, form W -9 (latest revision), as issued by the Internal Revenue Service.
23. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
24. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
25. Statement of Experience and Warranty Disclaimers.
a. CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
b. EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THIS
AGREEMENT, THE SERVICES AND GOODS PROVIDED BY CONSULTANT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND CONSULTANT EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON -INFRINGEMENT, NON-
INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS
WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION,
WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO
WARRANTY IS MADE BY CONSULTANT ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. CONSULTANT DOES NOT WARRANT THAT THE SERVICES OR GOODS WILL MEET THE CITY’S REQUIREMENTS OR THAT THE
OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE CI TY ACKNOWLEDGES THAT CONSULTANT’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF THE CITY ONLY.
26. Notices
. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
10 8
CITY Office of the City Manager
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Brian Gabler, City Manager
CONSULTANT Library Systems & Services, LLC
2600 Tower Oaks Blvd Suite 510
Rockville, MD 20852
Attn: Todd Frager, CEO
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Library Systems & Services, LLC
By:
David L. Caceres, City Attorney
Print Name: Todd Frager
Title: Chief Executive Officer
Approved as to Content:
By:
Brian Paul Gabler, City Manager
Print Name: Cullen Donohoe
Title: Chief Financial Officer
Carolyn Johnson,
Acting Administrative Services Director
Linda Swan,
Assistant City Manager
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EXHIBIT “A”
SCOPE OF WORK
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
SIMI VALLEY AND LIBRARY SYSTEMS & SERVICES FOR LIBRARY
SERVICES.
A. Statement of Work
CONSULTANT will administer the operations of CITY ’s library facilities (collectively, “Library”), including the accounting for, purchase of and payment for payroll services and goods and services from vendors for budgeted supplies, other direct operating expenditures, Library Materials (as defined below) and Capital Items (as defined below) sufficient to operate the Library in accordance with the policies and guidelines approved by CITY.
CONSULTANT shall provide, by and through its own employees or independent contractors ("CONSULTANT Staff") any labor CONSULTANT deems necessary for the operation of the Library. The cost of the CONSULTANT Staff shall be paid by CONSULTANT and is included in the Operating Budget (as defined below). CONSULTANT shall have the sole and absolute right to hire, manage, evaluate and terminate the employment of the CONSULTANT Staff from time to time to perform work under this Agreement. CONSULTANT will provide the appropriate staffing levels to keep the Library open to the public for fifty-eight (58) hours per week. The Library will be closed on some Holidays and other days mutually agreed upon in writing by the CITY and CONSULTANT.
Any changes to the hours of operation of the Library will be subject to City approval:
Monday: 10 am to 8 pm
Tuesday: 10 am to 8 pm
Wednesday: 10 am to 8 pm
Thursday: 10 am to 8 pm
Friday: 10 am to 5 pm
Saturday: 10 am to 5 pm
Sunday: 1 pm to 5 pm
The Library will be closed on the following holidays:
New Year’s Eve
New Year’s Day
Martin Luther King, Jr. Day
Presidents’ Day
Easter Sunday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
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Day after Thanksgiving
Christmas Eve
Christmas Day
The Library shall close at 5 pm the evening prior to Thanksgiving Day and Independence Day.
B. Scope of Work
1. Plans - CONSULTANT will provide the CITY with plan updates on an annual basis for the following plans, all of which are subject to the CITY’s approval prior to implementation of any recommended changes.
a. Collection Development Plan. CONSULTANT will update the Collection Development Plan, with input from its Collection Management Team's expertise.
This plan will include an analysis of the collection’s performance and a program to systematically evaluate and replace dated material, an analysis of the relationship of print, non-print and electronic resources in the library's collection, a plan for handling patrons' request s for materials that are not currently in the collection, and an implementation plan that is within the CITY's financial resources.
b. Technology Plan. CONSULTANT will update the CITY with a Technology Plan with input from CITY's IT staff. The long-term Technology Plan will also include all systems that are recommended during the term of this Contract based on the Strategic Plan.
c. Strategic Plan. CONSULTANT will complete the initiatives planned for the years 2022-2027, adopted by the City in the current five-year Strategic Plan (2022-2027).
2. Contractor’s General Obligations:
a. Under the General direction of the City Manager, or his/her designee, conduct all aspects of the day-to-day operations of the Library in accordance with generally accepted practices and principles of the public library profession.
b. Develop and maintain effective working relationships with local staff, elected officials, Library Board members, other appointed officials and community groups such as the Friends of the Library.
c. Conti
nue to provide the same or greater level of services to patrons and continue to provide at a minimum, the programs, fee structures, lending terms and collection accessibility library services available to patrons at the time of the execution of this Contract with service adjustments made as needed to implement the Strategic Plan, City -approved Policies, and mutually agreed changes. (Also, see F. below).
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d. Comply with all California laws and regulations pertaining to public library services, including the California Library Services Act.
e. Be the City's principal liaison with the State of California and in particular, with respect to library funding matters.
f. Periodically review program development, collections, and community engagement activities ensuring that programs, services and collections are in line with community needs.
3. Fiscal Responsibility:
a. Be responsible for the administration of that portion of the Library budget, of which the contract services are a part.
b. Develop and maintain effective and efficient financial procedures.
c. Review all aspects of Library operation and service for efficiency and cost- effectiveness, while making changes as appropriate.
d. Lead preparation of annual operating and capital budget requests.
e. Collect and account for all fees, charges, and any revenues resulting from Library operations and remit the same to the City.
f. Make r
ecommendations to City on the current fee, and rental schedules taking into account their impact on Library patrons. City may, in its sole discretion approve or disapprove such recommendations. City will be the final authority for any changes to fines, fees
- and r
ental schedules.
g. Prov
ide City with annual audited financial statements of Contractor (CONSULTANT), upon request, to demonstrate its fiscal soundness.
h. Explore, research and recommend supplemental revenue sources, funding opportunities including the application for and procurement of grants throughout the term of this Contract based on the approved Strategic' Plan, with such exploration at no added costs to the City.
i. Continue to seek innovative means of adding value for CITY at little or no additional cost, including completing grant applications.
4. Reporting:
a. The Library Director will meet on a monthly basis, or more frequently if required, with the City Manager or his/her designee to discuss ongoing operations of the Library.
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b. The Library Director will serve as Library Staff liaison and attend meetings of the Municipal Library Board, Friends of the Library, and as mutually agreed, with other support groups.
c. Contractor will serve as City's principal liaison with the State of California with respect to statistical reporting, including the submission of the annual report to the California State Library. Such reports will be submitted within mutually agreeable times for a timely review and approval by the City prior to distribution.
d. In accordance with the Strategic Plan, Contractor will provide City with core Library performance measurements and compile monthly reports as well as an overall annual report on the same.
e. Contractor will recommend changes in policies and operations for consideration by the City.
5. Staff:
a. CONSULTANT will provide by and through its own employees or independent contractors (" CONSULTANT Staff") the labor CONSULTANT requires f or the operation of the Library.
b. CONSULTANT will have the sole and absolute right to hire and/or terminate the employment of CONSULTANT Staff from time to time to perform work under this Contract.
c. CONSULTANT will provide the appropriate staffing levels to keep the Library open to the public fifty -eight (58) hours per week. CONSULTANT proposes approximately 17 full-time equivalent positions. The staffing plan may change from time to time as mutually agreed upon by the parties. At a minimum, the Library staff must include one Library Director, one Assistant Library Director and three (3) professional librarians; all five with the appropriate degrees from colleges and universities accredited by the American Library Association.
d. The cost of CONSULTANT Staff shall be paid by CONSULTANT and is included in the Operating Budget (as defined in Exhibit "B", Schedule of Compensation).
e. CONSULTANT will provide First Aid/CPR training to CONSULTANT Staff and maintain certifications for them during the term of this Contract. A minimum of one First Aid/CPR trained Library employee must be on duty during the Library's hours of operation.
f. CONSULTANT will install, maintain, and provide training to Library staff in the use of an Automated External Defibrillator (AED). A mi nimum of one AED trained Library employee must be on duty during the Library hours of operation.
g. CONSULTANT Staff responsible for handling cash receipts will be trained in and adhere to City cash handling policies and procedures.
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h. CONSULTANT will conduct background checks, to include a check for criminal and sex offender history, for all employees and volunteers working within the Library or for the Library in any capacity.
6. Staff Development and Coaching:
a. Support the professional development of all CONSULTANT Staff.
b. Provide leadership and guidance to maximize CONSULTANT Staff effectiveness in Library operations.
c. The Library will be closed on a mutually agreed upon day in writing by the CITY and CONSULTANT for an annual All-Staff training day.
7. Public Services:
a. Provide prompt, friendly and accurate assistance in the use of the Library.
b. Provide prompt and accurate services.
c. Provide requested materials promptly.
8. Programming – Provide high quality, effective programs of interest to all major demographic groups in the community in accordance with the Strategic Plan.
9. Intra-Library Loan – CONSULTANT will, using the books & materials in the Inland Library Network (ILN) database and a courier service, have books, indicated as “available” in the system, delivered on average within five (5) business days of the date the book is requested online by a patron.
10. Information Technology:
a. In cooperation with the CITY and the CITY ’s City Information Services, develop and implement short-and long-range plans to address the installation and support of sufficient hardware, software, network, telecommunications and other resources necessary to support the Library’s mission.
b. CONSULTANT will be responsible for all communication hardware, lines and services required for the operation of the Library including requirements for the staff and patrons. Communications provided will not depend on another network but will be a free-standing solution, details outlined in Exhibit C.
11. Marketing – Effectively disseminate information and promote use of the Library, resources and services.
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12. Facilities – Work with CONSULTANT Staff and local officials to ensure effective building maintenance by promptly identifying and reporting problems with the physical plant.
13. Inventory – Contractor will inventory capital items in accordance with City policies.
C. Library Materials
CONSULTANT will provide high quality materials on a wide variety of subjects in varied formats for all age groups with a focus on demand driven collection, and according to the established Collection Development Policy. The responsibility for the Library Collection Development Policy will remain with the City, and all Library Materials selection and management will be the responsibility of CONSULTANT. CONSULTANT will negotiate favorable discounts and prices for the purchase of library materials in all formats.
CONSULTANT uses a centralized Collection Management Team (CMT) comprised of experts with decades of collection management experience and specialty knowledge combined with insights the CONSULTANT proprietary comprehensive collection analytics platform (LibraryIQ). The CMT ensures significant efficiencies, cost savings, expedited materials and enhanced performance through strong back-office processes and vendor relationship management.
CONSULTANT Collection Management services (collectively, “Library Materials”) include:
• Acquisition, Cataloging and Processing
• Selection
• Inventory and Weeding
• LibraryIQ Platform
CONSULTANT will place orders with the suppliers and perform the accounting functions related to those orders, including prompt payment of the invoices. CONSULTANT’s Material Service Fee is variable based on a percentage of the City’s total collection budget.
CONSULTANT shall include a fee of five percent (5.0%) of the cost of the Library Materials ordered ("Materials Service Fee"). This service fee is charged an all-Library Materials, regardless of the format of content.
D. Excluded Costs
CITY shall be responsible for the following:
(a) Any costs, expenses, damages or losses occurring prior to the Effective Date.
(b) Any Capital Items, which shall mean any capital acquisitions, improvements or replacements of any of the properties, facilities, equipment, furniture, furnishings, fixtures or leasehold improvements of the Library, except that such Capital Items proposed by CONSULTANT for its benefit shall be approved by CITY and paid for by CONSULTANT.
(c) Any amount of costs for unbudgeted repairs, maintenance and/or upkeep of Capital Items owned by CITY.
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(d) Any increases in the cost of any state or federal tariff items over the rate for such items prevailing as of the date of execution of this Agreement.
(e) Any increases in the minimum wage mandated by federal, state or local governments following the Effective Date are not included in the above compensation schedule and CITY will be responsible for reimbursing CONSULTANT for such increases. The Parties acknowledge and agree that the minimum wage rates specified in Exhibit D shall apply as of the Effective Date.
(f) Any patron accommodations regarding the Library facilities required by the Americans with Disabilities Act (ADA) or any similar federal, state or local regulations.
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EXHIBIT “B”
SCHEDULE OF FEES
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
SIMI VALLEY AND LIBRARY SYSTEMS & SERVICES FOR LIBRARY SERIVCES.
E. Operating Budget and Charges
*Total cost of Library Materials is inclusive of sales tax and the Materials Service Fee of 5%. Library Materials are not included in the CONSULTANT Operating Budget and shall be invoiced monthly on a cost reimbursable basis for actual materials purchased. Such invoices will be processed in accordance with CITY policy. The actual amount to be budgeted for Library Materials will be approved by the City Council annually prior to the start of each Contract Year as part of the CITY ’s budget process. The above amounts reflect the minimum that CONSULTANT recommends the CITY budget for Books and Materials.
The Operating Budget is contingent on other existing contractual terms, obligations and responsibilities remaining the same except as expressly noted herein. Prior to three (3) months before the end of the last Period to which the amount of Charges have been agreed upon, the Parties shall begin to negotiate in good faith the amount of Charges that will apply to the next Period. If the Parties have not reached such agreement thirty (30) days before the end of such Period, then the new charge shall be equal to the Charge for the last month of such Period multiplied by twelve (12) or the number of Remaining Months, whichever is less, plus the percentage increase in the Employment Cost Index (ECI) in the immediately preceding twelve (12) month for the census region of the country in which the Library is located, or 4%, whichever is greater.
Yearly Monthly Materials* Total
$1,416,241 $118,020 $225,000 $1, 641,241
$1,458,728 $121,561 $225,000 $1,683,728
$1,502,490 $125,207 $225,000 $1,727,490
$1,547,564 $128,964 $225,000 $1,772,564
$1,593,991 $132,833 $225,000 $1,818,991
July 1, 2024 -June 30, 2025
July 1, 2025 -June 30, 2026
July 1, 2026 -June 30, 2027
Period Charges (Operating Budget)
July 1, 2022 -June 30, 2023
July 1, 2023 -June 30, 2024
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EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
SIMI VALLEY AND LIBRARY SYSTEMS & SERVICES FOR LIBRARY SERIVCES.
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, r epresentatives, or employees. Consultant shall also procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringe ment of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits 20 18
maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
- The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Simi Valley , its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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Exhibit “D”
Technology Support Services
Section 1: Purpose
The purpose of this Exhibit C is to set forth additional terms of the Agreement regarding the responsibilities of the CITY, acting through its Information Services Department and CONSULTANT, acting through its employees assigned to operate the Library
Section 2: Definitions
The words and phrases used in this Exhibit C shall have the same meaning as provided in the Agreement and/or Exhibit A to the Agreement. In addition, the following words, phrases, and abbreviations shall have the following meanings:
“ILS” means Integrated Library System.
“IS Department” means CITY’s Administrative Services Department Information Services Division.
“IS Director” means CITY Deputy Director Administrative Services Information Services or designee.
“Library Director” means CONSULTANT’s employee serving in the position of Director of the Library.
“Library Staff” means CONSULTANT’s employees, including the Library Director, assigned by CONSULTANT to perform the on- site services provided by CONSULTANT to CITY pursuant to this Agreement.
“PC” is the abbreviation used for “personal computer.”
“UPS” is the abbreviation for “uninterruptible power supply”, which is a device that provides battery backup when the electrical power fails or drops to an unacceptable voltage level.
Section 3: Scope and Responsibilities
A.
Administration and Management
(1) Technology Coordination. The IS Director will meet with the Library Director and the CONSULTANT Technology Representative approximately every six months, at a mutually agreeable date and time, to discuss technology needs, upcoming initiatives and any service or support concerns relating to Library operations.
(2) Technology Procurements . CITY shall be responsible for establishing the 23 21
appropriate standards and providing update or refreshment schedules for CITY provided hardware and software. Any non- standard hardware or software request must be justified and approved by the IS Director. CITY shall be responsible for purchasing and replacing all CITY -provided computing hardware and associated peripherals, including desktop PC’s, laptops, monitors, mice, keyboards, printers, copiers, fax machines, scanners, etc.
CONSULTANT will make available national pricing to the CITY should the CITY want to purchase through CONSULTANT.
(3) Vendor service agreements and contracts. CONSULTANT will enter into and maintain applicable service agreements or support contracts on CITY-provided computer equipment. CONSUL TANT will be responsible for maintain equipment is good working order at all times. Licensing will be appropriate and valid for the Library systems and software. Maintenance agreements and software support agreements will be kept current and accessible for support requirements.
(4) Technology planning and budgeting. Library Staff and CONSULTANT IT shall be responsible for preparing a written annual Technology Plan that defines the needs and technology solutions to meet those needs. Library shall solicit and receive comments and suggestions from CITY staff and other interested parties identified by the CITY in defining existing problems, necessary changes, and/or desired enhancements to technology services at the Library. CONSULTANT , through the Library Director and CONSULTANT IT, and CITY, through the IS Director, shall work together to review and define the Library’s technology needs for purposes of long-range planning, development of mid-year and fiscal year budgets and inclusion in the annually updated Technology Plan.
(5) Equipment inventory and lifecycle management . The CITY IS Department shall be responsible for maintaining and updating inventories of CITY -owned technology assets, including the software loaded on all CITY -owned computers. The IS Department shall be responsible for picking up and properly preparing CITY-owned equipment for disposal, including a process for ensuring that all data is removed from the equipment. The IS Department will update the inventory and provide inventory revisions to the Library Director upon request.
(6) Audit and Review of Third- Party Network Connections. Any third- party systems or connections into the CITY ’s computer network must be pre- approved and will be subject to initial and periodic security review by the CITY.
Any required corrective actions are to be implemented immediately, and closure is to be confirmed by the IS Director.
(7) Internet content filtering management. CONSULTANT shall be responsible for:
(a) Administering and monitoring the Internet Filter that serves the Library patron computers; and
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(b) Providing annual support and maintenance costs associated with the filtering software for public terminals.
Library computers will be filtered for protection against Web- based threats, such as: malware, spyware, malicious sites, botnets and key loggers.
(8) Library website and URL namespace. CONSULTANT shall be responsible for the setup and maintenance of the Library’s content on the Library’s web portal.
CITY will maintain the annual renewal for the Library’s URL namespace. The CITY shall be responsible for hosting the library website in accordance with service levels outlined below.
(9) Support requests. Incidents or requests for support should be reported to the CITY IS Department Help Desk via any of the following means:
(a) User Support Portal - typing in URL in their internet browser (http://helpdesk.lsslibrarie.com
)
(b) Calling - (855)-617-5517
(c) Emailing – [email protected]
If the incident is urgent, users should call the Help Desk, rather than using the support portal or emailing. IS Department support hours being 8:00 A.M. to 8:00 P.M. Monday through Sunday Pacific time (except on CITY holidays).
For urgent issues and outages, Library Staff may request IS Department emergency support outside of the standard support hours.
(10) Compliance with IT Department policies and procedures. CONSULTANT employees using CITY-provided computing technology and equipment will be expected to adhere to all CITY technology usage policies, requirements and standards.
(11) CITY-provided user and email accounts. CONSULTANT shall be responsible for creation and maintenance of all CITY domain user accounts and CITY e- mail accounts. The Library Director will work with CONSULTANT IT after any staff terminations so that user access to core information technology resources can be revoked in a timely manner. To the extent feasible, the Library Director shall inform the CONSULTANT IT in advance of any employment termination date of a Library Staff employee if there is reason to believe the employee whose separation from employment may result in a risk to the condition or security of the hardware, software, or data to which said employee has access.
CONSULTANT will make appropriate allowances for CONSULTANT employees access to CONSULTANT business systems such as Email, HQ, Timesheets, etc. for the purposes of conducting normal CONSULTANT business operations.
(12) Inventory Lists; Support Matrix . IS Department staff and Library Staff and CONSULTANT IT shall coordinate and cooperate in the preparation and 25 23
maintenance of an inventory list of the hardware, installed software, and other computing technology equipment located in or assigned for use as part of Library operations. The inventory shall set forth the owner or provider of the hardware, software or equipment. IS Department staff and Library Staff shall also coordinate and cooperate with respect to development of a support matrix relating to the above inventory setting forth the party responsible for obtaining and/or providing support relative to the hardware, software, and/or equipment shown on the inventory. The initial inventory of installed software subject to this Paragraph (12) is agreed to be as set forth in Exhibit 1 to this Exhibit C.
B.
CITY Facility
(1) Security cameras. CITY is responsible for the configuration and maintenance of the security cameras and associated equipment and network at the Library.
Library Staff shall be responsible for reviewing security camera “video” in the event of an incident and contacting law enforcement authorities as appropriate.
(2) Technology equipment rooms . The CITY IS Department is responsible for coordinating and working with CITY ’s Facilities Management Department to maintain power, UPS, air conditioning, environmental monitoring of the functioning equipment rooms.
(3) Audio visual equipment. CONSULTANT is responsible for providing maintenance and support for all new and existing audio/video, systems in use at the library. Support includes: projector lamps, supplies, parts, repairs, preventative maintenance and any necessary adjustments. CONSULTANT shall be responsible for failures caused by improper operation, cleaning or maintenance; accidents, damage, misuse or abuse caused by a CONSULTANT employee. CONSULTANT will be responsible for providing appropriate documentation and training on the proper usage of the equipment.
C. Library Automation System (Polaris)
CONSULTANT is responsible for providing and supporting the Polaris Integrated Library System (ILS), as well as other automation systems required for effective operation of the Library. CONSULTANT shall be responsible for acquisition, licensing and maintenance of any service/hardware required for the automation systems.
D. Desktop Computing
(1) General. All CITY-owned desktops and laptops will have antivirus and desktop management agents installed, where applicable. Only software provided by or approved by the CI TY shall be loaded on CITY -owned computers. IS Department staff will not be required to install any additional software provided by CONSULTANT without proof of purchase or a copy of the license agreement. Any computer, server or network hardware provided by CONSULTANT or any third-party must be pre-approved by the IS Department and must adhere to CITY standards before being connected to CITY-owned 26 24
computer hardware or the CITY ’s data network. Library Staff shall be responsible for ensuring that all CITY-owned equipment is well maintained, operated in accordance with the manufacturer’s instructions and the CITY ’s direction. CONSULTANT shall be responsible for failures caused by improper operation, cleaning or maintenance; accidents, damage, misuse or abus e caused by a CONSULTANT employee
(2) Staff computers. CONSULTANT is responsible for the support of all CITY - provided computers which are designated for use by Library staff in performing their job functions. Support includes: installation of hardware and software, configuration, installation of operating system patches and updates, and troubleshooting of hardware, software or network connectivity problems.
CONSULTANT staff will provide assistance with supported applications which shall include: installation and updating of software; troubleshooting of common problems; and help with basic usage. CONSULTANT sta ff will help users perform their job functions using computer technology but will not perform those functions for them.
(3) Patron computers. CONSULTANT staff is responsible for the support of all CITY provided computers which are designated for use by library patrons which shall include operating system patches and updates; the troubleshooting of hardware, software or network connectivity problems. CONSULTANT staff will work in conjunction with Library Staff and IS Department to troubleshoot and resolve any connectivity issues that may be associated with the CITY-provided data network.
(4) Other CONSULTANT owned and provided hardware/software. Library Staff shall be responsible for the support and maintenance of all CONSULTANT - owned or provided hardware and/or software.
E.
Server Hardware and Operating Systems
(1) CITY provided Servers. CONSULTANT is responsible for the support of all CITY-provided servers which are housed at the Library or designated for use by Library Staff or patrons, which shall include: installation, configuration, installation of operating system patches and updates and the troubleshooting of hardware, software or network connectivity problems. Library Staff shall be responsible for the licensing, administration and maintenance of the business applications running on this hardware.
(2) CONSULTANT provided Servers. CONSULTANT shall be responsible for acquisition; licensing and maintenance of any CONSULTANT-provided computing system or service. Any computer, servers or network hardware provided by CONSULTANT or any third-party must be pre-approved by the IS Director and adhere to CITY standards before being connected to CITY-owned computer hardware or the CITY’s data network.
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F. Telephony, Network, Internet, and Printers
(1) CITY network connectivity (to facility and to staff). CONSULTANT is responsible for the maintenance and operation of all CITY-provided network equipment, including the configuration, support and maintenance of all routers, switches, firewalls and associated Ethernet and fiber connectivity.
(2) Wireless network connectivity. CONSULTANT is responsible for the maintenance and operation of all CITY-provided wireless network equipment, including the configuration, support and maintenance of wireless access points and associated routers, firewalls and cabling.
(3) CITY internet connectivity. CONSULTANT is responsible for the maintenance and operation of CITY -provided internet connectivity, including: modems, routers, switches and associated cabling. A s of the Effective Date, CITY provides internet connectivity for the use of library patrons and Library Staff computers.
(4) Telephone system. CONSULTANT is responsible for the maintenance and operation of all CITY provided voice communications equipment at the Library, including: VoIP/PBX equipment, handsets and associated cabling.
(5) Printers and Copiers. CONSULTANT is responsible for the support of all CITY provided printers and copiers which are designated for use by library patrons.
CONSULTANT shall be responsible for the paper, toner, maintenance and repair costs of all printers and copiers for use by library patrons.
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Exhibit 1 to Exhibit “C”
Software used in Library:
Software Operational
Responsibility
Financial
Responsibility
Polaris LS&S LS&S
Cassie/Cassie Manager* LS&S LS&S
Winselect on Enterprise
Server
LS&S LS&S
Deep Freeze on
Enterprise Server
LS&S LS&S
Websense* LS&S LS&S
McAfee Antivirus LS&S LS&S
Windows LS&S LS&S
MS Office LS&S LS&S
*or equivalent software
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Exhibit 2 to Exhibit “D”
Service Level Agreements
This section is reserved for guidelines on measurable service level objectives. The intent of service level definition is to understand the expectations for key library and technology services and mechanisms for measurement.
Technology Metrics
The metrics identified are critical to the reliable service delivery and operations of a library.
Measurement
o Response to Troubles or Trouble Tickets – Response to priority 1 issues will be 4 hours after notification. Once issues are acknowledged, the responsible party will act appropriately to resolve the issue. Priority 1 issues will receive the highest response and activity until resolved or downgraded. Responses to lower priority items will be based on acknowledge and assignment of action within a time that is appropriate to the condition or impact. o Wi-Fi and Circuit Availability – access to communications i s critical to normal operations of a library. Patron access to reliable communications is to be maintained at or above 98% availability during normal business/library hours. o Wi-Fi and Circuit Throughput and bandwidth – Libraries provide a necessary public service to patron and staff via wireless and internet communications. It is expected that these services be monitored and measured to ensure patrons are not experiencing consistent delays and packet latency. As a benchmark, latency to the internet should be under 30 ms Round Trip delay as measured to the nearest server on a public network. Upload and Download speeds will be appropriate to the size of the library community and will be monitored and adjusted as needed.
o Patron Computers and Printers – access to patron computers, printers, and copies are to be maintained to 98 % availability. Patron computers are to be protected by anti-spam and anti-virus and locked down in such a manner as to allow for normal user interaction without allowing installation and modification. o Staff Computers – access to the CONSULTANT library management systems is critical to the operations of a library. While staff systems have “off line” modes available with limited function, it is expected that all staff computers be maintained and provided at 99% availability. This availability is slightly higher than patron systems due to its role in the library. Updates to operating system are to be reviewed and applied routinely or minimally quarterly. o Web Systems Availability – access to the library web site will be maintained to 98% availability.
o Security – systems integrity will be protected by firewalls, policies, and physical controls maintained by the CITY . Filters and changes to virus definitions are to be maintained and updated within 72 hours of release. Critical server updates are to be applied as per vendors release schedule.
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Definitions
• Priority 1 issue is an out of service condition that impacts library operations and patron activity.
• Priority 2 issues are an equipment or process failure that is limited in scope or impact. Priority 2 issues can be a single system or process being out of service or impaired. Priority 2 impacts are limited as to scope and service delivery. • Priority 3 issues are minor in scope or limited in span and impact. This can also include items that require order or installation.
• Notification – call, email, text, trouble ticket generation, or conversation indicating an issue.
• Response – initial notification and confirmation of an issue. • R esolution – Ticket closure with satisfactory return to normal operations.
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Exhibit “E”
Minimum Wage Rates as of the Effective Date
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