Loading...
HomeMy WebLinkAboutPR 13435:HALAN LIBRARY SERVICESMEMORANDUM City of Port Arthur Date: February 15, 2006 To: Steve Fitzgibbons, City Manager ~ ,,~/'? ~- From: Ray Cline, Intedm Library Director /'fC~/, ~ RE: P.R. 13435 requesting City Coundl to apprbve signature of an "Agreement for Computerized Ubrary Services" with the City of Houston (HALAN). RECOMMENDATION: Approval is recommencted for P. R. 13435 authorizing the City Manager to sign an "Agreement for Computerized Library Services" with the City of Houston (Houston Area Library Automated Network or HALAN) to provide computer services to Port Arthur Public Library for the pedod 1 September 2005 through 31August 2006. BACKGROUND: Port Arthur Public Library has been a part of HALAN and its predecessors, operated through the City of Houston and Houston Public Library, for 30 years. Dudng that time services have expanded the speed and capabilities of automated systems nave increased. and the reliability of such networks became accepted in banking and retail. This increased capability requires a better definition of the responsibilities borne by each party to the service. For this reason a new agreement incorporating multiple changes is required. Note that the dates covered in the agreement are for the HAl_AN (City of Houston) fiscal year (September 1, 2005 through August 31, 2006). The letter of transmittal from HAl_AN is dated February 6, 2006 due to delays in design of the agreement by the City of Houston legal department. Members of HALAN currently include Houston Public Library, Pasadena Public Library, Steding Public Library (Baytown), Hughes Public Library (Nederland), Hebert Public Library (Port Neches), Bellaire City Library, and Lee College Library - in addition to Port Arthur Public Library. Each entity, through its funding body, will be participants with voice in govemance and planning as described in the agreement. BUDGETARY/FISCAL EFFECT: An annual fee is required for participation in the HALAN Consortium. That fee has already been paid for the current fiscal year in the amount of $34,913.00. This amount is in lieu of funding locally operated automated catalog services which would cost approximately triple the fee we are paying for this shared resource. STAFFING/EMPLOYEE EFFECT: The staff to operate a stand-alone library system of the sort provided by HALAN would cost in excess of $75,000 per year. Our ability to join with other libraries in provision of these services bdngs this resource within reach. SUMMARY: Approval is requested for P.R. 13435 authorizing the City Manager to sign the "Agreement For Computerized Library Services" with the City of Houston (HAl_AN) for the pedod 1 September 2005 through 31 August 2006. EXHIBIT "A" P. R. No. 13435 02/13/2006 - rc RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN "AGREEMENT FOR COMPUTERIZED LIBRARY SERVICES" WITH THE CITY OF HOUSTON (HOUSTON AREA LIBRARY AUTOMATED NETWORK / HALANJ TO PROVIDE COMPUTER SERVICES TO PORT ARTHUR PUBLIC LIBRARY FOR THE PERIOD 1 SEPTEMBER 2005 THROUGH 31 AUGUST 2006 WHEREAS the Houston Area Library Automated Network (hereafter HALAN) provides computer services and Intemet access to Port Arthur Public Library; and WHEREAS the "Agreement" to be approved (attached as Exhibit "A") clahfies the duties of the City of Houston (HALAN) and the City of Port Arthur (Port Arthur Public Library); NOW, THEREFORE_ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR. TEXAS: THAT the City Manager is hereby authorized to sign the "Agreement for Computerized Library Services" (attached as Exhibit "A"); and THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this ___ day of , A.D., 2006, at a meeting of the City Council of the City of Port Arthur, Texas, by the following vote: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN "AGREEMENT FOR COMPLrI~RIZED LIBRARY SERVICES" WITH THE CITY OF HOUSTON (HALAN) TO PROVIDE COMPUTER SERVICES TO PORT ARTHUR PUBLIC LIBRARY FOR THE PERIOD I SEPTEMBER 2005 THROUGH 31 AUGUST 2006. (PR 13435) Page ~ Of 2 P.R. 13435 02/13/2006-rc Mayor ; Councilmembers Noes: ATTEST: APPROVED AS TO FORM: City Secretary City Attome~~ ) APPROVED FOR ADMINISTRATION City Manager ~~ib~ry Director ! A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN "AGREEMENT FOR COMPUTERIZED LIBRARY SERVICES" WITH THE CITY OF HOUSTON (HALAN~ TO PROVIDE COMPUTER SERVICES TO PORT ARTHUR PUBLIC LIBRARY FOR THE PERIOD I SEPTEMBER 2005 THROUGH 31 AUGUST 2006. (PR 13435) Page ~ of THE STATE OF TEXAS ' COUNTY OF HARRIS ' I. PARTIES A. Address THIS AGREEMENT FOR COMPUTERIZED LIBRARY SERVICES ("Agreement") is made on the Countersignature Date by and between the CITY OF HOUSTON, TEXAS ("City"), also ("Houston Public Library" "ItPL"), a municipal corporation, and home-rule city of the State of Texas principally situated in Hams County, acting by and through its governing body, the City Council and ("Participating Library"), a public library in the State of Texas, acting through its respective govermng body. RECITALS 1. The Houston Area Library Automated Network (HALAN) is a multi-type library consortium with a common vision for maximizing library and information technologies for residents of the Houston and surrounding areas and for enabling efficient operations of the libraries. 2. HALAN is committed to excellence in library service through empowerment of library information partners. 3. HALAN facilitates and promotes collaboration and cooperation, which empowers information agencies to improve and expand access to and delivery of information resources. 4. HALAN provides computerized library services through an automated library system and serves as a gateway to the evolving global information community. 5. The HALAN staff manages the network on behalf of the HALAN members. 6. For management and policy issues the HALAN members acknowledge the advice and consent responsibilities of the HALAN Advisory Board as described in the HALAN Rules of Procedure. 7. The Director of the HPL is also the Director of HALAN. 8. The Chief of HALAN and HALAN staff members who are employees of the City and the HPL will perform daily operations of HALAN. HALAN is in the Information Technology Division of HPL, which is physically located at the Central branch in downtown Houston. H:~IJM\HALANCC.DOC 1 L.D. FILE NO. 9. HPL (as an agent of the City of Houston) will serve as the business agent for the HALAN and will provide administrative and technical support for the Consortium as described in the Contract. Designated funds will be deposited in an interest bearing account. HPL will charge HALAN a reasonable administrative fee, at a rate approved by the Director of HPL. 10.This Contract, including the HALAN Bylaws and related Addenda, govern the internal affairs of the HALAN consortium and formalize the purpose, membership guidelines and structure of HALAN. This contract also represents agreement with respect to payment and cost sharing, responsibilities of the City/ HPL, responsibilities of the Participating Library and ownership of the network, database, components, software, hardware, licenses and other related items. All Participating Libraries shall pamcipate in HALAN on the same terms, and have signed substantially identical agreements with the HPL. NOW, THEREFORE, the Parties agree as follows: The initial addresses of the parties, which one party may change by giving written notice to the other party, are as follows: City. ?artic~ Director, Library Department or Designee City of Houston 500 McKinney Phone: P.O. Box 1562 Fax: Houston, Texas 77251 2 2/3/2oo6 H:WIJM\HALANCC.DOC L.D. FILE NO. B. Table of Contents. Section. Description Page I. Signature Page 4 II. Definitions 5 Ill. 'Duties of Houston Public Library 6 IV. Responsibilities of Participating Library 9 V. Fees 10 10 VI. Term of Agreement VII. Termination of Agreement 11 VIII. Special Provisions 11 EXItlBITS Addendum A HALAN Standards, Duties and Procedures Addendum B- Definition of HALAN Servmes Addendum C HALAN Membership Criteria Addendum D- Fee Structure C. Parts Incorporated All of the above-described sections and documents are hereby incorporated imo this Agreement by this reference for all purposes. H:WIJM~HALANCC.DOC 3 ~a~ LD. FILE NO. IN WITNESS HEREOF, the Houston Public Library and the Participating Library have made and executed this Contract in multiple copies, each of which is an original. "Participating L~brary ATTEST: APPROVED: Officer Empowered to Enter into Contracts City Secretary CITY OF HOUSTON "Houston Public Librar3'" APPROVED ATTEST: City Secretary Mayor COLrNTERSIGNED APPROVED: Director of Libraries City Controller APPROVED AS TO FORM: DATECOUNTERSIONED: Sr. Assistant City Attorney L.D. File No. 4 2/3/2006 H :'u,,/I.1M',.H A L A N C'C. DOC L.D. FILE NO. II. DEFINITIONS Terms used shall have the following meaning for purposes of this Agreement: A. "Agreement Year" means the time period of September 1 through August 31 of the following year. B. "Central Site Equipment" means the central processing unit and associated equipment located at 500 McKinney Avenue, Houston, Texas. C. "City" is defined in the section of this Agreement entitled "Parties" and includes its successors and assigns. D. "Communication Lines" means leased telephone lines over which data may be transmitted between the Central Computer Site and a Participating Library. E. "Computerized Library Services" are defined specifically in the Addendum defining "HALAN Library Services". F. ,Director" means the Director of Libraries for the City of Houston and HALAN. G. "HALAN Advisory Board", referred to as the "Board" is described in the HALAN RULES OF PROCEDURE. H. "Houston Area Library Automated Network", sometimes designated as "HALAN", means the combination of all computer equipment and software used to provide Computerized Library Services as described herein. I. "Houston Area Library Automated Network Fund", sometimes-designated "HALAN Fund" means that special fund consisting of all fees paid by participating libraries and the interest accrued thereon. J. "Houston Public Library" CHPL") and "Participating Library" are defined in the section on "Parties" in this Contract. When "Participating Library" is used in the plural or in a generic sense it refers to each and every governing body, xvhich has executed this identical agreement with the HPL for Computerized Library Services. K. "Institution" is the county, municipality, public or private educational institution or other legal entity that operates a Participating Library. L. "Integrated Library System", sometimes designated as "ILS", means the automation system used to manage the selection, ordering, description, processing, access and usage of library materials. All functions are inter-related within a single system. H:\MJM\HALANCC.DOC 5 2/3/2006 L.D. FILE NO. M. "Interact" means the international network of information resources provided by educational institutions, research facilities, commercial organizations and governmental agencies. N. "Local Site Equipment" means computer eqmpment that is owned by the City and that is part of the HALAN, which is located at the site(s) of a Participating Library. O. "Locally-owned Equipment" means workstations and peripheral devices which are purchased by the Participating Library and which are approved for use with the HALAN by the HPL. P. "Materials" means resources stocked and circulated by libraries to the general public. Q. "Participating Library", sometimes referred to as Member, is defined under "Parties" and means either a public entity of the State of Texas, which operates a publicly funded library, or a legal entity operating under the laws of the State of Texas that operates a private library that is a party to this Agreement. R. "Rules of Procedure" is the document that represent the obligations, expectations and regulations that are binding on all parties to this Agreement and is attached hereto as Addendum A. S. "Telecommunications Equipment" means modems, routers, servers, etc~ used to communicate with the Central Site Equipment. III. DUTIES OF HOUSTON PUBLIC LIBRARY A. Scope of Services. The HPL acting through HALAN may provide the following services, based on type of membership: 1. Provide an integrated library system, see Addendum B for specific integrated library system (ILS) services 2. Provide maintenance of telecommunications network equipment and HALAN system hardware and software to achieve minimal downtime; monitor the resolution of data transmission problems between the host computer and member sites; and communicate proprietary issues to appropriate vendor and monitor problem resolution. HALAN shall maintain the Central Site equipment in such a fashion as to provide for minimal down time, but will assume no liability if the HALAN network experiences down time despite reasonable efforts to prevent it. H:W[JIVBHALANCC.DOC 6 2/3/2006 L.D. FILE NO. When necessary, HALAN may temporarily suspend the availability of services on the network because of operational or maintenance requirements. HALAN shall provide the Participants with reasonable prior notice of system unavailability whenever such unavailability can be foreseen. 3. Assure response time based on vendor contract guarantees 4. Provide 24 hours a day, 7 days a week access to the online public catalogs and daily system accessibility for staff functions as defined in Addendum B. 5. Maintain a Helpdesk for all hardware, software, applications, network inquiries of members and standby support at all other hours of the week for emergency and system wide problems. These hours are defined in Addendum B. 6. HALAN Staffwill not be available on City designated holidays. An emergency call procedure may be followed during holidays and closed hours. 7. Act as purchasing agent for the HALAN Central site equipment and provide fire and hazard insurance for this equipment 8. Provide training for use of the ILS. 9. Act as a City/HALAN agent in negotiation of contracts and licenses with vendors 10. HPL shall supervise, administer and prepare a budget for expenditures under the HALAN Fund, into which user fees shall be paid. Such Fund is audited yearly at the time other City funds are audited, as covered under the accepted single concept used for grants and special funds. The City audit report may be requested by any Participating Library. City shall have no liability to provide services for or advance funds to a Participating Library that fails to pay its fees as set by its contract. 11. Provide to members, upon request, an extract from the shared database of holdings in machine-readable form. 12. Provide access to a union catalog of library materials owned by member institutions. HALAN maintains an agreement with AMIGOS for the sharing of OCLC MARC records among the HALAN consortium members. The bibliographic global database has been constructed by HPL and the Participating Libraries for use by the current and future participants, and as such is a shared resource between the HPL and the Participating Libraries. The Participating Libraries and the HPL agree to use this shared resource for internal library purposes only, and not to sell or otherwise provide information to third parties for purposes other than library use. Further definition of data rights and obligations are established in Addendum A. 13. Provide enhanced cooperative borrowing services of library materials held by participating member institutions. 14. Support group negotiation for electronic resources and other products of interest to the membership. 15. Sponsor training, workshops, conferences, and other opportunities for professional development. 16. Support other activities upon approval of HALAN Board. 17. The HPL and HALAN act merely in the capacity of an operating agent to provide the services described herein and does not warrant or guarantee the HALAN network and shall not be liable for serious damages resulting from uncontrollable H:\M J M~HALANCC.DOC 7 2/3/2006 L.D. FILE NO. conditions to Participating Libraries arising out of failure of the HA.LAN network or the use thereof. 18. Maintain the confidentiality of system proprietary software/hardware. 19. See Addendum B. for definition of specific IS-ALAN Services. 20. See Addendum C for HALAN Membership Criteria. B. City of Houston / Houston Public Library Responsibilities In addition to the responsibilities of the HPL (via HALAN) as defined in the Scope of Services, the City and HPL shall also provide HALAN with the following support services at cost to HALAN on terms agreed to by the HPL and the Board: 1. Administrative support (a) Serve as business agent. (b) Maintain budget and accounting activities on the City's financial information system. (c) Serve as repository for documentation, correspondence, and other business records. (d) Provide access to City / HPL price agreements and contracts for goods and services. 2. Office space and services (a) Provide suitable office space for HALAN staff'. (b) Provide standard mail services and access to contracts for private delivery services. C. Human resources 1. HALAN staff shall be recruited, compensated, and evaluated by the HPL Human Resources Unit, with recommendations from the Chief of HALAN, in accordance with City policies and procedures. 2. The Chief of HALAN in accordance with standard City policies and procedures shall determine classification and terms of appointment for HALAN staff. 3. The Chief of HALAN and staffshall be employees of the HPL and eligible for standard benefits available to City employees. 4. Provide payroll services for HALAN staff in accordance with their status as City employees. D. Technology 1. Provide appropriate computer room space and reliable network capacity for HALAN computer systems. 2. Provide microcomputer and staff file server support for HALAN staff. 3. Provide telecommunications and network services (phone, fax, e-mail, data storage) for HALAN staff. H:\MJMkHALANCC.DOC g .2/3/2006 L.D. FiLE NO. E. Other Services 1. Legal services through the City, including, but not limited to, duties such as assistance with contract services and interpretation of pertinent laws. 2. Purchasing services through the HPL and the City's Strategic Purchasing Department, including, but not limited to, duties such as assistance with the procurement of hardware, software, professional services, audits, contract and account management. 3.Other technology services through the City's Information Technology Department, including, but not limited to, duties such as assistance in the maintenance and security of the HALAN network, collaboration / coordination of technology-related vendor contracts and training and consultation needs. 4. The City and HPL may provide other services under terms agreed upon by the HPL and the HALAN Advisory Board. IV. RESPONSIBILITIES OF PARTICIPATING LIBRARY A. The basic unit of membership is the Institution. Each Institution is an independent member of HALAN and all libraries within an institution are normally expected to pa~icipate in HALAN services and meet membership obligations. Each Participating Library agrees to: 1. Conform to the policies, procedures, protocols, and regulations of HALAN, as set forth in this Agreement, the HALAN Rules of Procedure and its Addenda. 2. Provide, maintain, and share bibliographic data according to standards and guidelines for database quality. 3. The bibliographic global database has been constructed by HPL and the Participating Libraries for use by the current and future participants, and as such is a shared resource between the HPL and the Participating Libraries. The Participating Libraries and the HPL agree to use this shared resource for internal library purposes only, and not to sell or otherwise provide information to third parties for purposes other than local library use. 4. Be responsible for verifying copyright and/or fair use status and/or obtaining copyright permission prior to its placing or introducing any information, text, graphics or data into the HALAN database(s). Member Institutions agree they shall be solely responsible for any loss, liability or expense due to loading of copyrighted materials in the HALAN databases by the employees or agents of the member Institution where such loading or subsequent use, viewing, printing, downloading or recopying is alleged to be infringing. 5. Pay entry fees and annual membership fees established by the HALAN Advisory Board (the Board). H:~4JM~HAI.ANCC,DOC 9 2/3/2006 L.D. FILE NO. 6. Not connect to the HALAN network any equipment and/or software without approval from the HALAN staff. 7. Use equipment and software that meets standards set forth in HALAlq documentation and/or as recommended by the HALAN staff in consultation with HALAN members. 8. Maintain confidentiality of system proprietary software/hardware. 9. Be responsible for security of its workstati°ns' 10. Be responsible for purchasing and maintaining locally owned hardware and software that is connected to the HALAN network. 11. Pay all related telecommunications costs to link to the HALAN network. 12. Perform electrical and other work necessary for the installation, operation and maintenance of the both the HALAN-owned and locally-owned equipment. 13. Contribute to the management of HALAN by maintaining active participation on the Board, on the HALAN Planning Committee and in additional groups established to maintain the system. Participation in other groups is encouraged but optional. 14. Pay HALAN an agreed upon amount for any services beyond the scope described in the Addenda. V. FEES Payment of Fees. Member agrees to pay HALAN an annual fee as described in the HALAN Rules of Procedures and defined in Addendum D---Fee Structure Addendum for the services described herein. Services and fee structure may be redefined with the recommendation and approval of the HALAN Advisory Board. Annual fees are based on system usage, services and levels of membership as defined in the Fee Structure Addendum and are due on or before the 30t~ of the first month of the fiscal year. VI. TERM OF AGREEMENT A. Effective date. This Agreement is effective when all parties have executed it and all required approvals have been granted. B. Initial Tenn. The term of the Agreement is for a one (1) year commencing with the date of signature. C. Renewals 1. Upon expiration of the Initial Term, this Agreement will be automatically renewed for ten successive one-year terms on the same terms and conditions. If the Director of HPL or a Participating Library chooses not to renew this Agreement, the non-renewing Party shall notify the other Party(ies) of non- renewal at least 30 days before the expiration of the then-current term. 10 H:~VIJM\ItALANCC.DOC L.D. F1L£ NO. Renewal terms run from September 1 to August 31. 2. The Director of the HPL, not later than 60 days prior to the expiration of any Agreement Year, will declare the intent of the HPL to continue operation of the HALAN for the forthcoming Agreement Year, contingent on the availability of adequate operating funds. The Director will send each Participating Library a copy of the declaration, together with proposed budget and a schedule of user fees for operation and maintenance of the HALAN for the forthcoming year. The HALAN Advisory Board must approve the budget and schedule of costs. If the Director chooses not to continue the operation of HALAN, then the effective date of termination shall be the end of the upcoming agreement year. The HPL will maintain the connections and current database until that effective date so that Participating Libraries will have time to find alternative access. 3. Payment by the Participant of such fees for a particular Agreement Year shall constitute renewal of this Agreement for that year. VII. TERMINATION OF AGREEMENT A. The Participating Library has the right to terminate this Agreement by sending at least 30 days' written notice to the Director. B. The HPL, through the Director, may terminate this Agreement for cause in the event the Participating Library fails to comply with any of its obligations under this Agreement and such failure is not cured prior to the thirtieth (30) day after the Director's notice of termination is received by the Participating Library. To Ice effective, the Director's notice of termination must: (1) give an effective date of termination (which must be at least thirty (30) days after receipt of notice by Participating Library); and (2) cite the specific activities or omissions of the Participating Library which are noncompliant with the terms of this Agreement. C. In the event this Agreement is terminated either for convenience or for cause as provided herein, the Participating Library, within two (2) weeks of the effective date of termination, shall return to the HPL all HPL equipment; and HPL shall: (a) terminate access to the HALAN on the effective date of termination; (b) shall offioad the Participating Library's database onto computer tapes provided by the Participating Library and; (c) shall return any equipment owned by the Participating Library back to that library VIII. SPECIAL PROVISIONS A. PENALTIES In accordance with the HALAN Rules of Procedure, HALAN reserves the right to impose a penalty fee to any member who fails to meet the guidelines and standards agreed upon in this Agreement. This fee is further defined in Addendum D H:'u'vtJM~-IALANCC.~}O(~ 1 ] .2/3/2006 L.D. FILE NO. and will be based on the cost of remedying any problem caused by the member's failure to adhere to the guidelines and standards agreed upon in this Agreement. B. OWNERSHIP 1. HPL / HALAN owns: (a) Shared database(s) in trust for the HALAN members. (b) Mainframe, servers, disk drives and central telecommunications equipment including supporting workstations (c) Equipment purchased by HALAN (d) Software, licenses, etc. purchased by HALAN 2. Participating Library owns: (a) Records which reflect its holdings (b) Equipment purchased by Participating Library to connect m the Network (c) Disposal of equipment will be made in accordance with City of Houston policies and procedures. C. DATA RIGHTS AND OBLIGATIONS 1. Data obtained by the central site from each member institution are hereby contributed in perpetuity to the City / HPL for use in achievemem of HALAN goals, subject to any third-party rights or license restrictions attached to such data. 2. Data obtained by each member institution from the central system are hereby contributed in perpetuity to the member institution, subject to any third-party license restrictions attached to such data. 3. Ifa member institution ceases participation in HALAN, the data submitted to the central system at that point shall be removed from the system at the discretion of the Board. Database maintenance costs for removal of data shall be borne by the withdrawing member institution. D. CONFIDENTIALITY OF INFORMATION 1. HALAN and the Participating Library shall, to the extent allowed by law, maintain confidentiality of all proprietary documents, data compilations, reports, computer programs, photographs and any other work provided to or produced by the Participating Library in the performance of this Agreement unless written permission is granted by the Participating Library for its release. 2. Patron information in the Houston Area Library Automated Network database remains the property of the Participating Library, which entered it. Except to the H:\MJMkI-IALANCC.DOC 1 2 2/3/2006 L.D. FILE NO. extent required by the Texas Open Records Act, such information shall be restricted to necessary official in-library use of the Participating Library and Houston Public Library, and shall not be released to others without the written consent of the Participating Library that entered it. E. ENTIRETY OF AGREEMENT This Agreement, the HALAN Rules of Procedure, Addenda representing HALAN Services, Fee Structure, Resource Sharing and Membership Criteria represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. F. INDEMNIFICATION Each party to this agreement shall be responsible for any liability arising from its own conduct. Neither party agrees to insure, defend or indemnify the other. G. NOTICE All notices arising out of, or from, the provisions of this Agreement shall be in writing and given to the parties at the address provided under this Agreement, either by regular mail, facsimile, e-mail, or delivery in person. H. HALAN ADVISORY BOARD In order to provide oversight, review and guidance to the operation, funding and future development of the HALAN there is hereby created the HALAN Advisory Board (the "Board'). Board members are appointed by their governing bodies and membership of the HALAN Advisory Board shall be determined as defined in the HALAN Rules of Procedure. I. ADDITIONAL PARTICIPATING LIBRARIES Additional Participating Libraries may be added to the HALAN by agreement with I-IPL and with the approval of the HALAN Advisory Board. Any such additional Participating Library shall: (1) execute an agreement with the HPL substantially identical to this Agreement, and (2) shall pay user fees that are applicable for the particular Contract Year during which the Participating Library is added to HALAN. J. FEES AND ACCOUNT MANAGEMENT The HALAN budget reflects fees for the maintenance of the HALAN network which supports the integrated library system, specified online / electronic resources and various web services. Also included are the general operations costs, which cover staff positions, hardware, software, and maintenance expenses. The City and HPL impose an additional H:\MJI~HA LANCC.DOC 13 2~3aoo~ L.D. FILE NO. fee of"Indirect Costs" upon the non-HPL libraries for the use of City services. The HPL Central site serves as the host of HALAN operations as well as the fiscal agent. (1)The fee structure will be determined by the HALAN Advisory Board and reviewed on a regular basis. It may be amended to best meet the needs of the current membership. See attached Fee Structure document for current fees. (2) The HALAN budget is approved by the Board. At the end of each fiscal year, if there is an overage, i.e. any unexpended funds, that overage will be retained by HALAN and managed separately to ensure funding for ongoing grant-funded initiatives, network upgrades, and the purchase of a new automated system or for other HALAN-wide special projects as designated by the tIALAN Advisory Board. (3) If the HALAN consortium is dissolved, all outstanding debts must be paid and contractual obligations completed after which any unexpended HALAN funds shall be dispersed to the current Members based on the percent of the HALAN budget the fees represented in that fiscal year. K. OTHER COOPERATIVE AGREEMENTS Libraries participating in HALAN shall not be prohibited fi.om entering into other cooperative agreements, networks, or consortia or contracts with other libraries or groups of libraries for service. Membership with other libraries or groups of libraries for service shall not restrict membership in HALAN. H:\MJM~HALANCC.DOC 14 zaaoo6 L.D. FILE NO. ADDENDUM A--HALAN RULES OF PROCEDURE These Rules of Procedure are based upon the HALAN Agreement, signed by all parties. That document represents authoritative and binding obligations, expectations, and regulations on the part of all parties, and these Procedures with accompanying Addenda, are intended to clarify and illustrate certain details included in the Agreement. It is acknowledged by all parties that the terms of the Agreement are the ultimate authority in any question relating to the governance or functioning of the consortium, and in no event may Rules of Procedure be created which violate, supersede, or compromise the terms of the Agreement. I. Name and Purpose The name of this consortium is the Houston Area Library Automated Network (HALAN). Its purpose is to maximize library and information technologies for residents of the Houston and surrounding areas and to enable efficient operations of the libraries. HALAN provides computerized library services through an automated library system and serves as a gateway to the evolving global information community. HALAN's goals are to provide system accessibility with minimum downtime, excellent customer service through a variety of services and effective consortium and account management while balancing the needs of all of the member libraries. II. Membership A. HALAN is a consortium of libraries that wish to share an automated system, participate in resource sharing and/or collaborate in the sharing of costs for online or electronic resources. Participating Libraries may be public, academic, school, special or another consortium. B. The Library Director or governing entity of each Participating Library must sign the HALAN Agreement and must adhere to its principles. C. To be a Member in good standing, the Participating Library must comply with all terms of the HALAN Agreement, the HALAN Rules of Procedure, and Addenda for Resource Sharing, Fee Structure and Services. Each Member shall meet its financial obligations to the consortium as a condition of continued membership. HALAN charges are due upon invoicing. D. If a Member materially breaches its duties and obligations, the Director of the HPL, upon recommendation by the HALAN Advisory Board, may terminate the Participating Library's membership. H:'~IJM~ALANCC. DOC 1 2/3/2006 L.D. FILE NO. E. Categories of special membership may be approved by the HA.LAN Advisory Board in order to maintain and grow the consortium and meet the Members' needs. F. New Members: The Board shall review for approval all requests for membership, and may accept a request by majority vote. Decisions should be based on how the applicant fits within the goals and objectives of the HALAN consortium and, if applicable, within the HA_LAN Strategic Information Plan. G. Affiliate Membership: An "Affiliate Member" is a library or organization that supports the goals and objectives of HALAN and pays an adjusted fee for limited privileges in the consortium. III. Governing Structure A. Governing board. A board of representatives from each full Member Institution governs HALAN and representatives from affiliate groups. That board, called the HALAN Advisory Board, includes voting members and non- voting ex officio members. Voting members are appointed or are elected. Each group of Affiliate Members shall elect or appoint one representative. HALAN management staff participates as non-voting ex officio members as does the Director of the HPL, also Director of HALAN. The purpose of the HALAN Advisory Board is to provide oversight, review and guidance to the operation, funding and future development of HALAN. B. Conduct of Business. Ali meetings will be conducted in accordance with the latest edition of Robert's Rules of Order. C. Member Representation. A member representative to the Board is determined by each Participating Library and confirmed in writing or electronically to the Director of the HPL / Director of HALAN. The number on the Board may vary, as each full member shall have at least one representative, with one vote, as determined by the following chart: % of HALAN Budget as Total Number of Board Members that may defined by Fee Structure be appointed by Participating Library Large = 50% or more 3 Medium = 5% - 49% 2 Small = Less than 5% 1 I-I:~JIVI~HA LANCC.DOC 2 2/3/2006 FILE NO. Each affiliate member shall have representation by type of affiliation as clarified by the following example: Database Only Member Only 1 representative, elected by all members of this type Reciprocal Borrowing Partner Only 1 representative, elected by all members of this type D. Terms of Office for Board Members. Board members shall be appointed to the HALAN Advisory Board for a term of two years. Upon expiration of the members' terms of office or resignation, vacancies shall be filled in accordance with the above provision for determining the HALAN Advisory Board. E. Election of officers. The Board shall annually elect a Chair and Vice Chair for a term beginning September 1 and ending August 31. The Chair shall be responsible for the orderly conduct of each meeting. The Chair may refer issues for decision to the Director of the HPL / HALAN by electronic means; the rules for quorum and voting at meetings apply. A HALAN staff person shall be responsible for the taking of minutes. F. Quorum. A quorum to conduct business shall be equal to a simple majority and that simple majority shall be required for passage of any measure. G. Voting. Voting may be conducted in writing, electronically, by voice or by show of hands. H. Board Meetings. The Board shall meet at least twice each fiscal year. They may also meet at other times on the call of the Director ofHPL / HALAN or the Chair. The Director of HPL in conjunction with the Chief of HALAN determines the time and location of meetings. The Director of HPL sets the agenda for board meetings (along with assistance from the Chief of HALAN and the Chair). The Chief of HALAN is responsible for preparation of Agenda items, documentation and disseminating it to Board members and HALAN Directors. Board members may submit agenda items in writing or electronically to the Chair or the Chief of HALAN. Agenda items may be added from the floor at the beginning of Board meetings. I. Board Responsibilities. The Board will administer the functions of HALAN through equitable decisions in accordance with the HALAN Agreement and Rules of Procedure. · Approval and amendment to HALAN Rules of Procedure governing HALAN activities and services upon notice to members · Set policies for HALAN and its relationship xvith member institutions H:'hM,IM~HALANCC.DOC 3 L.D. FILE NO. · Determine strategic priorities and approval of HALAN Technology Plan and other long range plans as prepared at the direction of the HALAN Planning Committee · Approval of HALAN budgets and expenditure plans · Determination of annual membership fees · Approval of new members · Establish committees, task forces and advisory groups as needed · Be informed of library issues, advances in technology and sound business practices · Act as an advocate on behalf of HALAN members · To encourage cooperation, communication, and sharing ofresoumes among the participating HALAN member libraries, the HALAN Board will review resource-sharing opportunities and define the Member requirements. These requirements are based on the type of membership the member libraries have. J. Planning Committee. Participation on the HALAN Planning Committee consists of at least one representative from each HALAN member. This representative should be in the role of decision-making for the Participating Library. It is not a reqmrement that this representative also be on the HALAN Advisory Board. The representative attending the meeting may vary according to the meeting agenda and needs of the Participating Library. The Planning Committee is a working Committee that meets quarterly, at a locanon and time determined by the Participating Libraries. The Committee is first to review the draft of the budget before it is presented to the Board for approval. The Committee shall also make recommendations to the Board regarding fees and services. The Committee should be responsible for the development and updating of the HALAN Technology Plan in addition to the formation of sub-committees to manage specific consortium projects. IV. Fiscal Year. The HALAN fiscal year shall be from September - August. Budget planning shall be approved by June 30th, H:WIJM~ALANCC.DOC 4 2/3/2006 L.D. FILE NO. ADDENDUM B-- DEFINITION OF HALAN SERVICES A. Basic Core Services 1. Integrated library system modules, interfaces, services (a) OPAC (b) Circulation (c) Family Linked Records (d) Cataloging/Database Maintenance & Authority Control (e) Acquisitions (f) Serials (g) Reports (h) Inventory Control (i) Union Catalog (j) WebBridge (k) Basic / out-of-the box Spanish OPAC (1) INN-Reach global database - for purposes of shared cataloging and traditional Interlibrary Loans among the ILS members (m) Basic record-loading, includes system-wide loads and loads where existing profiles have been previously tested and used (n) Any "additional" service / module purchased and used by the majority of Members, approved by the Board and defined in the Fee Structure document. 2 Internet Services (a) Email (b) Access to HALAN intranet (c) Host member wcbsite (d) Access to HALAN-List 3. Electronic / Online Resources as agreed upon by all members to be paid for and maintained by HALAN. (May be charged based on Board approval). (a) Support for setup and remote access of individually subscribed databases when HALAN is notified prior to pumhase. Contact information is required and ability m test is recommended per the "Memo of Understanding" and checklist. (b) Syndetic Solutions H:kMJM~HALANCC.DOC ] 2i3/2006 L.D. FILE NO. (o) Books in Print (d) Other agreed upon services 4. Customer Service Support a) Helpdesk Support a. Monday - Friday, 7:30 a.m. - 5:30 p.m. Saturday, 9:00 a.m. - 6:00 p.m. b. Emergency Support (713-302-7196) available during evening hours and on Sunday and Holidays Monday - Thursday, 5:30 p.m. - 9:00 p.m. Sunday, 12:00 noon - 6:00 p.m. b) Technical support for equipment used to access HALAN, c) Training - Training may be performed at a central site or local site. Depending on the number of staff needing the specific training, there may be limitations due to space availability, HALAN staff resources and/or vendor requirements. d) Custom report generanon e) Thin-client support for OPAC workstations f) IPFFV g) Central site servers backed up daily ~ Disaster Recovery procedures h) Support of virus protection and workstation security 5. Initiatives as a result of HALAN grant awards B. Public Library Core: 1. Basic Core 2. Kids OPAC C. Academic Library Core: 1. Basic Core 2. Reserve Book Room D. Additional Services - available for purchase 1. Integrated library system* (a) ECommerce (b) Materials Booking (c) Collection Agency H:Uvl JlvlXH A LA N CC.DOC 2 2/3/2006 L.D. FILE NO. (d)Millennium Media Management (includes Electronic Course Reserves) (e) Telephone Notification System (f) Telephone Renewal System (g) Program Registration Online (h) Configuration of OPAC screens in additional languages (i) Others as developed by the vendor * The Participating Library shall pay any on-going maintenance fees for additional modules, interfaces or services purchased as provided in Addendum D. 2. Internet Services (a) Setup and management of additional "closed" lists (b) Setup and management of separate intranets 3. Electronic Services/Online Resources (a) Support for setup and remote access of individually subscribed databases without notification to HALAN until after purchase is made. If prior notification of purchase cannot be given, the Participating Library should notify HALAN immediately and provide contact information. Access cannot be guaranteed. Price quotes may be requested for additional developmem and/or faster project mm-around time. (b) Links to holdings setup (c) Broadcast searching (d) eBooks 4. Reciprocal borrowing - includes global database maintenance and report generation related to Resoume Sharing, as determined by HALAN. 5. Formal training of additional staff (beyond "train-the-trainer" and training available through documentation, IP/TV, online or through vendors). "Train-the-trainer" training may be performed at a central site or on-site. A maximum of three representatives from each HALAN member library may attend without cost. Additional training is available as needed at a negotiated price and prorated to each Participating Library on the basis of cost and number of attendees. 6. Wireless installation and/or support 7. Assistive technology H:'~IJM~FIALANCC.DOC 3 2/3/2006 L.D. FILE NO. 8. Resoume Sharing - All ILS members and Reciprocal Borrowing/Partner members are eligible to participate in the resource-sharing program as determined by HALAN. The database and resources purchased by HALAN are available to all members. E. Individual grant initiatives / special projects 1. If a Member undertakes a special project, either through special funding or a grant award, that Participating Library must notify the Chief of HALAN of their intentions in order to better coordinate any tasks that may impact the system or other Members. 2. If less than 50% of the membership is involved in a special project, then this project will be considered an additional service and a fee will be incurred per the approved fee structure. F. Pilots for new services 1. A "pilot" may be defined by the Board in accordance with the goals and objectives ofHALAN. A majority of the Members shall agree that if the pilot is a success, they will also plan to implement. 2. A "pilot" project should be defined in the HALAN Technology Plan. 3. For a "pilot" project, the Participating Library designated to pilot shall pay the initial cost of the module, product or equipment. 4. For a "pilot" project, HALAN shall pay the maintenance, customization and other related fees. 5. After the designated period for the "pilot" project, should the HALAN Board determine that the service is not feasible to support, and the Participating Library wishes to cominue the service, then the Participating Library shall pay all ongoing costs. H:~M~IA LANCC.DOC 4 L.D. FILI~ NO. ADDENDUM C~HALAN MEMBERSHIP CRITERIA ILSMember: Includes Basic Core Services, including library type core services as defined for public or academic library. Affiliate Members. Includes partial or limited services, as needed, such as circulation, specific modules of the ILS or other Core services. Database Only Member: Participating Library that wishes to take advantage ora consortium environment in the subscription of online or electronic resources to lower their costs. Reciprocal Borrowing/Partner Member: This type of Affiliate Membership would be offered to a Library or Institution that wishes to participate in reciprocal borrowing. The Partner Member pays the costs to implement and interface with HALAN. Ongoing membership fees shall cover maintenance of the ILS system and HALAN resources to manage the system. H:LMJM~tALANCC.DOC L.D. FILE NO. ADDENDUM D- FEE STRUCTURE For ILS members the HALAN Fee Structure is based on an assessment of the Members' usage of the Library Automation System. The assessment is based upon two terms, the MR (Member Ratio) and the MRC (Member Ratio Cost). For non-ILS members, this shall also include initial implementation costs and on- going maintenance fees, and other fees that may be associated with the transfer of resources. The Member Ratio is an Average of the Member's System Utilization and Capacity Impact. It is the average of the Circulation Transaction Ratio and the Item Records Ratio. Circulation Transactions and Item Records are statistics readily available from the ILS Statistical (Management) Reporting System and provide a fair measurement of system usage. The Member Ratio is defined by: MR = .5 * ((Member Circulation Transactions/HALAN Circulation Transactions) + (Member Item Records/I-IALAN Item Records)) The MRC is the assessed Member Ratio cost for a particular Agreement year. The HALAN Fee Structure will be: MR * MRC; plus New HALAN Standard Staff Workstation installation: cost of access license plus $500 / day for onsite installation. If remote assistance is provided, there will be no installation cost. Participating Library shall determine need to purchase simultaneous access and notify Chief of HALAN, who will negotiate the order with the vendor. New HALAN Public Workstation installation: o Standard, thin-client - no charge for installation other than any special requirements from the thin-client vendor o If not using the thin-client standard, there will be a $500 charge per public workstation Shared On-line Reference Database fees; plus Member specific fees for, o Actual connectivity charges (pass through) for communications lines between the Participating Libraries and the Houston Public Library Central Branch; plus o "Add-in Services" for Workstation and Local Area Network Support, Applications / Web Development and Support, or other services as contracted; plus H:UvlJM~HALANCC.DOC 2i3/2006 L.D. FILE NO. o ILS modules used exclusively by one Member or small group of Members; and o Pilot and "Special Technology Project" costs (including the configuring, testing, implementation, training and stabilization for ILS modules used exclusively by one Member or small group of Members). o Ongoing maintenance fees for Member specific modules, interface services The fee structure for any new HALAN Services will be determined from the learning and results gathered from the "Pilot Projects". Pilot projects should provide good indicators of the real costs of providing ongoing services. New services should be "Piloted" as a project before establishing a Fee Structure for the new service. o Affiliate membership fees will be determined based on the services requested. Affiliate Members pay an adjusted fee for limited privileges. Database Only Member pays the membership fee to cover the HALAN resources used to negotiate and process the subscription. ca Reciprocal Borrowing/Partner Member shall pay the costs to implement and interface with HALAN. The ongoing membership fee will cover maintenance of the ILS system and HALAN resources to manage the system. Fees shall be payable as follows: (a) For existing HALAN services or for services that are to commence at the beginning of the Agreement Year, HPL shall send an invoice reflecting the annual fee to the Participating Librmy on or about the first day of each Agreement Year. Payment will be made when invoiced but prepayment may be negotiated. A written request to extend payment for more than 30 days may be made to the Director of HPL for approval. Member may not be refunded fees upon withdrawal of membership. (b) Annual fees for new members who become Participating Libraries after the beginning of an Agreement Year or for existing Participating Libraries that request Special Services after the beginning of a Agreement Year shall be pro rated based on the percentage of time remaining in the Agreement Year. H:'uMIIvIXHALANCC.~ .2/3/2006 L.D. FILE NO. (c) Pursuant to Tex. Gov't Code Ann -2251 et seq. the Participating Library shall remit payment on any invoice within thirty (30) days of receipt to the following address: Houston Public Library Business Office Attention: Division Manager, Financial Services 500 McKinney Houston, Texas 77002 I~I:'~1J M'~HA LANCC.DOC ~j3,r2006 L.D. FILE NO.