HomeMy WebLinkAboutSirsiDynix; 2013-08-29; GC 3300408 SirsiDynix .
Quote 88898 for:
Carlsbad City Library
Carlsbad MobileCirc
Quote Date: January 27, 2017
Prepared by:
Larry Menlove
Inside Accou nt Consultant, West Region
SirsiDynix
Quote Valid Until: July 19, 201 7
Quote for Carlsbad City Library Reference number 88898
I
Purchase Details
All prices are in U.S. dollars ($)and are exclusive of taxes unless otherwise noted.
Component Year 1 Estimated
SirsiDynix SaaS subscription
Services
Discount
4,790
850
( 170 )
Year2
4,790
Total 5,470 4,790
Initial Term:
Initial Term Annual Price Increase Cap for SirsiDynix
Products/Services:
ends May 31 , 2019
0 % annual price increase cap until May 31 , 2019
Customer's usage is subject to limitations that can be found in the Terms and Conditions section at the end of the Quote.
The above price increase cap covers all Customer's active Products. However, SirsiDynix reserves the right to adjust Initial Term pricing for Third
Party/integrated products/services if a Third Party vendor increases pricing for Third Party/integrated products/services by more than 10% in a given
calendar year.
Any applicable discount shall be applied on final payment. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted
to SirsiDynix are hereby rejected and shall be superseded by the current Master Agreement, unless such additional terms are statutorily required of
the Customer.
This Purchase Details section may not include pre-existing obligations for ongoing Products not listed in the Quote.
Page 2 of 6 @'9 SirsiDynix
Quote for Carlsbad City Library Reference number 88898
Detailed Pricing
All prices are in U.S. dollars ($)and are exclusive of taxes unless otherwise noted.
Component Qty Total Price
SirsiDynix Symphony SaaS subscription
BLUEcloud MobileCirc, Annual Subscription
Total SirsiDynix Saas subscription
Services
Installation
Training
Discount
Discount for Existing Platinum Services Subscription
QUOTE TOTAL
Page 3 of6
Total Services
Total Discount
4,790
4,790
800
50
850
( 170)
( 170)
5,470
fi SirsiDynix
Quote for Carlsbad City Library Reference number 88898
Component Descriptions
SirsiDynix SaaS subscription
BLUEcloud MobileCirc. Annual Subscription
MobileCirc enables library staff to work wherever they are, with or without a data connection. Features include: -
Mobile circulation. Perform common tasks like check-ins, checkouts and renewals. Register new users by scanning
driver's license (selected regions only) or by manually entering user information. -Flexible inventory. Integrates with
Bluetooth scanners to make taking inventory faster and easier. -Efficient shelving. Provides real-time lists of
candidates for weeding and items needed to fill holds. MobileCirc lists include filters designed specifically for library
staff. Requires SirsiDynix Symphony 3.4.1 SP2 and SirsiDynix Symphony Web Services 3.5 or higher, OR, Horizon
7.5.2 and Horizon Web Services 2.0.
Services
Installation:
Product Delivery
BLUEcloud MobileCirc Installation
Installation of BLUEcloud MobileCirc against one database.
Project Management
Project Management-BLUEcloud MobileCirc
Project Management Services for the implementation of BLUEcloud MobileCirc.
Training :
BC157 BLUEcloud MobileCirc, Self-Paced
This training reviews the functionality present in MobileCirc. One user will have unlimited access to this course for
one year. This training is available in English only.
Page 4 of6 8 SirsiDynix
Quote for Carlsbad City Library Reference number 88898
Terms and Conditions
Other Terms
Sirs iDynix Professional Services performed by way of remote network access require ssh (Unix/Linux), Remote
Desktop (Windows) or unattended Logmein Rescue (Windows) access for the duration of the project. The library may
li mit connectivity to the SirsiDynix Corporate IP address or implement a Cisco AnyConnect VPN tunnel. Other remote
con nectivity options may incur additional fees, onsite travel fees or void the ability of SirsiDynix to perform the project.
A full description can be found in the Access Requirement for Support Guide on our customer support website.
"Go Live Date" means, with respect to the SirsiDynix Software license orders, the date on which the SirsiDynix
Software is available for operational use for normal daily business, including searching the public access catalog and
circulating materials.
Mai ntenance must be ordered for all copies of the Software and for all elements of the Software which are used
conjunctively by Customer. Customer's System shall remain within two (2) previously released software versions of
the most recent version of the software at all times or an additional maintenance surcharge service charge will be
added to the maintenance renewal.
Customer shall not integrate products offered by third parties into Software, Subscriptions or Subscription Software
without additional license from SirsiDynix.
SirsiDynix shall have the right to aggregate and retain non-personally identifiable data.
Payment Terms
The term of any quoted products is for until May 31 , 2019. Subsequent years' Maintenance and Subscription fees
are to be paid annually in advance. Following the first year of System operation, Maintenance and Subscription fees
will be subject to annual increases. Any discounts that may be listed on this quote will be applied to the final invoice.
Unless otherwise specifically stated in writing, products and/or services purchased at promotional prices or with
promotional discounts do not qualify for such discounts or limitations on price increases for subsequent years .
Subscriptions fees
100% of first year's Subscription(s) due at installation
ServicesfTraining
50% due upon completion of first data test load, where a test load is part of the services
1 00% of the remainder due upon completion of services/tra ining
**Fees and Payment Terms which do not reflect the services and/or products purchased by the Customer are
non-applicable.
Any reference to license metrics and/or licensed amounts included in this quote shall be applicable only to the
Products and/or services mentioned in this quote. This document and any software or professional services
associated with this document are hereby fully incorporated into the current Agreement executed between SirsiDynix
and Customer. If there is no current agreement between the parties, the terms and conditions of the current
Sirsi Dynix Master Software License and Services Agreement shall be deemed the controlling Agreement between the
parti es, a copy of which shall be furnished upon Customer's request. Any and all pre-printed terms and conditions on
Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current
Agreement, unless such additional terms are statutorily required of the Customer. In the event of a conflict, the term s,
payment terms, discounts, product lists and/or statement of work contai ned within this document shall take
precedence over the current Agreement between the parties. In the event Cu stomer desires or requires updated
terms and conditions for the continuing business relationship with SirsiDynix, please contact your regional Sales
Representative.
8 SirsiDynix
Page 5 of 6
Quote for Carlsbad City Library Reference number 88898
Terms and Conditions
City of Carlsbad
1635 Faraday Ave.
Carlsbad, California 92008-7314
Sign :
Print Name: fV\ e::\ V j SA L U Vl.ol.st< d J-
Page 6 of 6
Sirsi Corporation
SirsiDynix Technology Centre
3300 N. Ashton Blvd. -Suite 500
Lehi, UT 84043
Sign:
Print Name: UJ 1 // rA
Title:
Date:
Sign:
Print Name: j .. <; (!'"-\"\' f\~\r-1
fi SirsiDyriix
File: Carlsbad Citv Librarv GC# 330040
MASTER AGREEMENT
BETWEEN
CARLSBAD CITY LIBRARY
AND SIRSIDYNIX
1. PURPOSE AND SCOPE
1.1 Parties and Effective Date. This Master Agreement (the "Master
Agreement) is entered into between Sirsi Corporation dba SirsiDynix
("SirsiDynix") and the customer identified in the signature block below
("Customer"), with effect on the date of the last signature below
("Effective Date").
1.2 Purpose. This Master Agreement establishes the general terms and
conditions to which the parties have agreed with respect to the provision of
Products by SirsiDynix to Customer. Additional terms for the purchase of a
specific Product are set forth in the Quote(s). By signing below, the parties
acknowledge receipt of and agree to be bound by the terms and conditions
of this Master Agreement and the Quote(s) for Products purchased by
Customer All pre-printed or standard terms of any Customer purchase
order or other business processing document shall have no effect,
1.3 Incorporation of Quotes and Other Documents. "Quote" means the
document(s), regardless of actual name, executed by the parties which is
incorporated by reference into the terms of this Master Agreement, and
describes order-specific infonnation, such as description of Product
ordered. License Metrics, fees, statements of work, exhibits and
milestones. At any time after execution of the Master Agreement and the
initial Quote, Customer may purchase additional Products or othenwise
expand the scope of existing licenses or Subscriptions granted under a
Quote, upon SirsiDynix receipt and acceptance of a new Quote specifying
the foregoing. Other documents attached as reference to the Master
Agreement include, but are not limited to the following:
• SirsiDynix Response to Carlsbad City Library RFP for Integrated Library
Automation System
• SirsiDynix Response to Carlsbad City Library Clarification Questions
• SirsiDynix Disaster Recovery Sales Overview for US SaaS Operations
2012
1.4 Not used.
1.5 Order of Precedence. To the extent any terms and conditions of this
Master Agreement conflict with the terms and conditions of a Quote, the
tenns and conditions of the Master Agreement shall control, except where
the Quote expressly states the intent to supersede a specific portion of the
Master Agreement.
2. PRODUCTS USE RIGHTS; TITLE
2.1 Generally. Customer's purchase of Products under this Master
Agreement may include from time-to-time Software, Subscriptions,
Services, and/or Hardware. The following provisions under this Section 2
apply if relevant to the type of Product purchased pursuant to a Quote.
2.2.1 Software License. Subject to the temns and conditions ofthis Master
Agreement including without limitation the restrictions set forth in Section
2.7 and Section 2.9 and timely payment of the applicable fees, SirsiDynix
hereby grants to Customer a limited, non-exclusive, non-transferable and
perpetual (subject to SirsiDynix termination rights pursuant to this Master
Agreement) license to (i) install, run and use the Software identified in the
Quote in the Operating Environment solely for Internal Business Purposes,
and (ii) use the Documentation in connection with such use of the
Software. Customer may not make copies of the Software except a
reasonable number of machine-readable copies solely for internal backup
or archival purposes. All Intellectual Property rights notices must be
reproduced and included on such copies. Customer shall maintain
accurate and up-to-date records of the number and location of all copies of
the Software and inform SirsiDynix in writing of such upon request. 2.2.2
Unless otherwise set forth in a Quote, the Software shall not be
simultaneously loaded and operated on more than one hardware platfonn,
except temporarily during the process of platfonn migration. 2.2.3
Customer shall use the Third Party Products solely in conjunction with the
SirsiDynix Software and Customer shall have no broader rights with
respect to the Third Party Products than it has to the SirsiDynix Software.
SirsiDynix may add and/or substitute functionally equivalent products for
any third party items in the event of product unavailability, end-of-life, or
changes to software requirements.
2.3.1 Subscriptions. For Subscriptions purchased by Customer, and
subject to the tenns and conditions of this Master Agreement including
without limitation the restrictions set forth in Sections 2.7 and 2.9 and
timely payment of the applicable fees, SirsiDynix grants to Customer the
right to access and use the Subscription identified in the Quote solely for
Internal Business Purposes and to use the Documentation in connection
with such access and use for the Term. SirsiDynix shall use commercially
reasonable efforts to make the Subscription Services available 24x7,
except for scheduled downtime events, or emergency downtime events, or
Internet service provider failures or delays. SirsiDynix will use
commercially reasonable efforts to perfonn scheduled downtime events
outside of normal business hours. Customer acknowledges that the
Subscription Sen/ices may be subject to limitations, delays, and other
problems inherent in the use of the Internet and electronic
communications. SirsiDynix is not responsible for any delays, delivery
failures, or other damage resulting from such problems. 2.3.2 Customer is
solely responsible for obtaining and maintaining at its own expense, all
equipment that may be needed to access Subscriptions, including without
limitation, Internet connections. Customer understands that Subscription
communications may traverse an unencrypted public Internet connection
and that use of the Internet provides the opportunity for unauthorized third
parties to illegally gain access to Customer Data. Accordingly, SirsiDynix
does not guaranty the privacy, security or authenticity of any information
transmitted over or stored in any system connected to the Internet.
Customer shall not encrypt Subscription traffic except as may be available
through the SirsiDynix VPN solution. 2.3.3 Customer is responsible for
maintaining the confidentiality of all passwords and for ensuring that each
password is used only by the authorized user. Customer is responsible for
all activities that occur under Customer's account. Customer agrees to
immediately notify SirsiDynix of any unauthorized use of Customer's
account or any other breach of security known to Customer. SirsiDynix
shall have no liability for any loss or damage arising from Customer's
failure to comply with these requirements. 2.3.4 Customer shall be solely
responsible for the accuracy, quality, integrity and legality of Customer
Data and of the means by which it acquired Customer Data. Customer
acknowledges and agrees that SirsiDynix does not monitor or police the
content of communications or data of Customer or its users transmitted
through the Subscriptions, and that SirsiDynix shall not be responsible for
the content of any such communications or transmissions. Customer shall
use the Subscriptions exclusively for authorized and legal purposes,
consistent with all applicable laws and regulations. Customer agrees not to
post or upload any content or data which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening; (b) contains
viruses or other contaminating or destructive features; (c) violates the
rights of others, such as data which infringes on any intellectual property
rights or violates any right of privacy or publicity; (d) constitutes sensitive
personal infonnation such as social security numbers, credit card
infonnation, or drivers license numbers; or (e) othen/vise violates any
applicable law. Customer further agrees not to interfere or disrupt networks
connected to the Subscriptions, not to interfere with another customer's
Customer Initial and Date:
Page 1 of 7
SirsiDynix"
File: Carlsbad Citv Librarv GC# 330040
use and enjoyment of similar services and to comply with all regulations,
policies and procedures of networks connected to the Subscriptions.
SirsiDynix may remove any violating content posted or transmitted on or
through the Subscriptions, upon notice to Customer. SirsiDynix may
suspend or tenninate any user's access to the Subscriptions upon notice in
the event that SirsiDynix and the City mutually agree that such user has
violated these temns and conditions. 2.3.5 The provision of third party
Subscriptions is subject to availability from third party providers and
SirsiDynix shall have no liability should such Subscription become
unavailable for any reason or is no longer available under reasonable
commercial temns. 2.3.6 In the event that Customer is locally hosting
Subscription Software, SirsiDynix hereby grants to Customer, subject to
the temns and conditions of this Master Agreement including without
limitation the restrictions set forth in Section 2.7 and Section 2.9 and timely
payment of the applicable fees, a limited, non-exclusive, non-transferable
grant of use to locally install and use the Subscription Software solely for
Customer's internal business purposes. The grant of use for Subscription
Software is not a license and remains in effect only while Customer is
timely paying its Subscription fees to SirsiDynix. If Customer fails to timely
pay Subscription fees. Customer must immediately discontinue use of and
certify to SirsiDynix the removal of Subscription Software.
2.4.1 Services. Services are described in the Quote. SirsiDynix shall be
responsible for securing, managing, scheduling, coordinating and
supervising SirsiDynix personnel, including its subcontractors, in
performing any Services. Any change to the scope of Services must be in
writing signed by both parties. Once executed by both parties, a change
shall become a part of the Quote. 2.4.2 Customer acknowledges and
agrees that SirsiDynix performance is dependent upon the timely and
effective satisfaction of Customer's responsibilities hereunder and timely
decisions and approvals of Customer in connection with the Services.
SirsiDynix shall be entitled to rely on all decisions and approvals of
Customer. Customer's data must be provided to SirsiDynix in MARC
standard fomnat or delimited ASCII fonnat. Customer shall be responsible
for providing secured access to Customer's systems to SirsiDynix.
SirsiDynix alone shall decide whether such access is sufficient for the
performance of Services.
2.5. Software Maintenance. 2.5.1 Subject to Customer's timely payment
of applicable fees, SirsiDynix will provide during the Term Maintenance
services for the Software in accordance with the maintenance plan
indicated in the Quote, provided however that with respect to Third Party
Products, SirsiDynix's obligation to offer Maintenance is limited to using
commercially reasonable efforts to obtain Maintenance from the third party
owner of such Software. All licenses in Customer's possession must be
supported under the same maintenance plan. 2.5.2 Updates are provided
if and when available, and SirsiDynix is under no obligation to develop any
future programs or functionality. 2.5.3 SirsiDynix is under no obligation to
provide Maintenance with respect to: (i) a Product that has been altered or
modified by anyone other than SirsiDynix or its licensors; (ii) a release for
which Maintenance has been discontinued; (iii) a Product used other than
in accordance with the Documentation or other than on the Operating
Environment; (iv) discrepancies that do not significantly impair or affect the
operation of the Product; or (v) any systems or programs not supplied by
SirsiDynix. 2.5.4 For the avoidance of doubt. Updates provided under
Maintenance services are subsequent minor or maintenance releases to
the standard Products, excluding custom development or customizations
whether such customizations are performed by SirsiDynix or by Customer
or a third party. SirsiDynix reserves the right to charge Client for any
reintegration work required to make customizations compatible with future
versions/releases. 2.5.5 If ordered. Maintenance must be ordered for all
Software and all associated License Metrics licensed by Customer.
Customer may not purchase or renew Maintenance for a subset of its
licenses only. 2.5.6 If an Error was corrected or is not present in a more
current version of the Product, SirsiDynix shall have no obligation to
correct such Errors in prior versions of the Software. 2.5.7 Fees for
Maintenance Services do not include implementation, training and other
Professional Sen/ices. 2.5.8 It is Customer's responsibility to ensure that
all appropriate users receive initial training services sufficient to enable
Customer to effectively use the Software. 2.5.9 In the event Customer
does not renew Maintenance and subsequently desires to reinstate
Maintenance, a reinstatement fee shall be assessed equal to 105% of the
aggregate Maintenance fee that would have been payable during the
period of lapse. 2.5.10 For Software licenses and Subscription Software,
Customer is solely responsible for the installation of Updates and agrees to
(i) meet the Update standard set forth in the SirsiDynix Support Policies
referenced in the definition of Maintenance and (ii) maintain the Operating
Environment. With respect to Subscriptions, SirsiDynix is responsible for
the implementation of Updates and shall no longer provide access to any
previous version upon the date SirsiDynix migrates to a new Update for
production use in SirsiDynix's hosted environment.
2.6.1 Hardware and Hardware IVIaintenance. Title to the Hardware
identified in the Quote, if any, shall pass to Customer on SirsiDynix's
placement of the Hardware with a common carrier or licensed trucker,
which shall constitute delivery to Customer. Thereafter Customer will be
responsible for risks of loss or damage, except for loss or damage caused
by SirsiDynix in the process of installation. 2.6.2 SirsiDynix does not
provide support for Hardware unless Customer purchases any available
Maintenance associated with such Hardware. Such Hardware
Maintenance may be provided through a third party.
2.7 License IVIetrics. Customer may not use the Products in excess
of the License Metrics specified in the Quote. Additional License Metrics
and associated Maintenance must be purchased at the pricing in effect at
the time the additional License Metrics are added in the event actual usage
exceeds the licensed quantity, prorated for the remainder of the then-
current Ternn. The additional License Metrics purchased shall temninate on
the same date as the pre-existing Products. Prices are based on License
Metrics purchased and not actual usage. The number of License Metrics
provided in the initial Quote is a minimum amount that Customer has
committed to for the Temn and there shall be no fee adjustments or refunds
for any decreases in usage.
2.8 Reservation of Rights. All rights not expressly granted in the
Master Agreement are reserved by SirsiDynix and its third party providers.
Customer acknowledges that: (i) all Software is licensed and not sold and
all Subscriptions and Content are subscribed to and not sold; (ii) Customer
acquires only the right to use the Software and Subscriptions. Customer
may develop itself or through its agents derivative works from the Software
and Subscriptions so long as 1) Customer retains sole and exclusive
ownership and all rights, title, and interest in such derivative works and 2)
such derivative works are only used for Customer's internal business
purposes in conjunction with SirsiDynix Software currently licensed to
Customer. Customer may not distribute any derivative works developed by
Customer or Customer's agent, including Intellectual Property embodied or
associated with derivative works; and (iii) the Protected Materials, including
the source and object codes, logic and structure, constitute valuable trade
secrets of SirsiDynix and its third party providers. Customer agrees to
secure and protect the Products consistent with the maintenance of
SirsiDynix's and its third party providers' rights in the Products, as set forth
in this Master Agreement.
2.9 Restrictions. Unless specifically permitted or licensed by
SirsiDynix, Customer shall not itself, or through any affiliate, employee,
consultant, contractor, agent or other third party: (i) sell, resell, distribute,
host, lease, rent, license or sublicense, in whole or in part, the Protected
Materials; (ii) decipher, decompile, disassemble, reverse assemble,
modify, translate, reverse engineer or othenwise attempt to derive source
code, algorithms, tags, specifications, architecture, structure or other
elements ofthe Protected Materials, including the license keys, in whole or
in part, for competitive purposes or otherwise; (iii) allow access to, provide,
divulge or make available the Protected Materials to any user other than
Customer's employees and independent contractors who have a need to
such access and who shall be bound by a nondisclosure agreement with
provisions that are at least as restrictive as the terms of this Master
Agreement (except the Customer may grant access to public access
catalogs to library users, other libraries, and third party entities); (iv) write
or develop any derivative works based upon the Protected Materials; (v)
Customer Initial and Date
Page 2 of 7 SirsiDynix*
File: Carlsbad Citv Librarv GC# 330040
modify, adapt, translate or othenwise make any changes to the Protected
Materials or any part thereof; (vi) use the Protected Materials to provide
processing services to third parties, or othenwise use the same on a
'service bureau' basis; (vii) disclose or publish, without SirsiDynix's prior
written consent, perfomance or capacity statistics or the results of any
benchmark test perfonned on the Protected Materials; or (viii) otherwise
use or copy the Protected Materials except as expressly pennitted herein.
2.10 Customer Data. SirsiDynix disclaims ownership of any and all
Customer Data, all bibliographic, authority, item, fine, patron, and other
data loaded to, created and/or entered into Customer's database or
supplied to SirsiDynix by Customer. Notwithstanding Customer's
ownership of Customer Data, at the end of the Ternn SirsiDynix shall only
be obligated to provide to Customer extractable Customer Data at no
additional charge in a supported MARC and/or ASCII delimited format. For
purposes of improving the functionality of the software, SirsiDynix shall
have the right to aggregate only non-personally identifiable data from the
Customer Data and shall not retain any personally identifiable Customer
Data beyond termination of the Agreement.
2.11 License Grant by Customer. Customer grants to SirsiDynix a
non-exclusive, royalty-free license, to use equipment, software. Customer
Data or other material of Customer solely for the purpose of performing
SirsiDynix's obligations under the Master Agreement.
2.12 Enforcement. Customer shall (i) ensure that all users of the
Products comply with the terms and conditions of the Master Agreement,
(ii) promptly notify SirsiDynix of any actual or suspected violation thereof
and (iii) cooperate with SirsiDynix with respect to investigation and
enforcement of the Master Agreement.
3. FINANCIAL TERMS
3.1.1 Fees and Payment Terms. The Customer shall pay the amounts
set forth in the Quote. Invoices become past due 30 days after the invoice
date. If Customer fails to make payments of any amount due under the
Master Agreement, SirsiDynix will be entitled to suspend its performance
upon twenty (20) days written notice to Customer. 3.1.2 Unless expressly
provided othenwise, amounts paid or payable for Software, Subscriptions,
Subscription Software and Hardware are not contingent upon the
performance of any Services.
3.2 Taxes. Appropriate sales tax, if any, will be included on the invoice.
3.3 No Contingencies. Customer agrees that its purchases hereunder are
neither contingent on the delivery of any future functionality or features nor
dependent on any oral or written comments made by SirsiDynix regarding
future functionality or features.
4. CONFIDENTIALITY
4.1 Non-Disclosure. Each party will protect the other party's
Confidential Infonnation from unauthorized dissemination and use the
same degree of care that each such party uses to protect its own
confidential infonnation, but in no event less than a reasonable amount of
care. Neither party will use Confidential Infomnation of the other party for
purposes other than those necessary to directly further the purposes of the
Master Agreement. Neither party will disclose to third parties Confidential
Information without prior written consent of the other party.
4.2 Exceptions. Infonnation shall not be considered Confidential
Infonnation to the extent, but only to the extent, that the receiving party can
establish that such infonnation (i) is or becomes generally known or
available to the public through no fault of the receiving party; (ii) was in the
receiving party's possession before receipt from the disclosing party; (iii) is
lawfully obtained from a third party who has the right to make such
disclosure on a non-confidential basis; (iv) has been independently
developed by one party without reference to any Confidential Infonnation
of the other; (v) is infonnation aggregated by SirsiDynix that no longer
contains any personally identifiable information; or (vi) is required to be
disclosed by law provided the receiving party has promptly notified the
disclosing party of such requirement and allowed the disclosing party a
reasonable time to oppose such requirement. The parties acknowledge
that Customer may be subject to freedom of infomnation legislation and
further acknowledges that such legislafion may take precedence over the
confidentiality provisions of this section as they apply to Customer.
5. PRIVACY
Customer represents and warrants that before providing personally
identifiable infonnation to SirsiDynix or its agents, it will comply with any
laws applicable to the disclosure of personally identifiable infonnation.
SirsiDynix agrees to notify Customer if unauthorized access of personal
infonnation has been identified. No personally identifiable information will
be disseminated by SirsiDynix to any third parties, except as consented to
by Customer or required by law. If such dissemination is required by law,
SirsiDynix agrees to inform Customer prior to any such dissemination if
permitted by law.
6. INDEMNIFICATION
6.1.1 By SirsiDynix. SirsiDynix will defend or settle, at its option and
expense, any action, suit or proceeding brought against Customer that the
SirsiDynix Software (excluding Content and Third Party Products) infringe
a third party's USA patent, registered copyright, or registered trademark
("Claim"). SirsiDynix will indemnify Customer against all damages and
costs finally awarded which are attributable exclusively to such Claim,
provided that Customer: (i) promptly gives written notice of the claim to
SirsiDynix; (ii) gives SirsiDynix sole control of the defense and settlement
of the Claim; (iii) provides SirsiDynix, at SirsiDynix's expense, with all
available information and assistance relating to the Claim and cooperates
with SirsiDynix and its counsel; (iv) does not compromise or settle such
Claim; and (v) is not in material breach of any agreement with SirsiDynix.
6.1.2 SirsiDynix has no obligation to the extent any Claim results from: (i)
Customer having modified the SirsiDynix Software or used a release other
than the most current unaltered release of the SirsiDynix Software, if such
an infringement would have been avoided by the use of such current
unaltered release, (ii) Third Party Products and/or Content, or (iii) the
combination, operation or use of the SirsiDynix Software with software or
data not provided by SirsiDynix. 6.1.3 If it is adjudicated that the use of the
SirsiDynix Software in accordance with the Master Agreement infringes
any USA patent, registered copyright, or registered trademark, SirsiDynix
shall, at its option: (i) procure for Customer the right to continue using the
infringing SirsiDynix Software; (ii) replace or modify the same so it
becomes non-infringing; or (iii) Customer will be entitled to an equitable
adjustment in the fees paid for the affected SirsiDynix Software. THIS
SECTION STATES SIRSIDYNIX'S ENTIRE OBLIGATION TO
CUSTOMER AND CUSTOMER'S SOLE REMEDY FOR ANY CLAIM OF
INFRINGEMENT. 6.1.4 Insurance. SirsiDynix will provide general liability
insurance to cover damage and/or injury to property and/or persons
caused by personnel acting in performance of SirsiDynix contractual
obligations. Contractor will obtain and maintain policies of commercial
general liability insurance, automobile liability insurance, a combined policy
of workers' compensation, employer's liability insurance, and professional
liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating
in the Best's Key Rating guide of at least A-:VII OR with a surplus line
insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X",
in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the Customer. Contractor will obtain
occurrence coverage, excluding Professional Liability, which will be written
as claims made coverage. The insurance will be in force during the life of
this Master Agreement and will not be canceled without thirty (30) days
prior written notice to the Customer by certified mail. Customer will be
named as an addifional insured on General Liability. Contractor will furnish
certificates of insurance to the Contract Department, with endorsements to
Customer prior to Customer's execution of this Master Agreement.
SirsiDynix will, upon request, name the Customer (City of Carlsbad) as
additional insured on a Certificate of Insurance.
6.2 By Customer. To the extent allowed by law. Customer shall
defend or settle, at its option and expense, any action, suit or proceeding
brought against SirsiDynix by a third party arising out of or in connection
Customer Initial and Date
Page 3 of 7 # SirsiDynix-
File: Carlsbad Citv Librarv GC# 330040
with: (i) any claim that Customer Data infringes on the intellectual property
rights of a third party; (ii) any claim by a Customer user or (iii) any claim
that Customer or a Customer's user is using the Product in a manner that
violates the provisions of the Master Agreement. Customer's obligations
under this section are contingent upon: (a) SirsiDynix providing Customer
with prompt written notice of such claim; (b) SirsiDynix providing
reasonable cooperafion to Customer, at Customer's expense, in the
defense and settlement of such claim; and (c) Customer having sole
authority to defend or settle such claim.
7. WARRANTIES; REMEDIES; DISCLAIMERS
7.1 SirsiDynix Voice Automation Software. SirsiDynix warrants that, for
a period of 90 days from the Go Live Date, the SirsiDynix Voice
Automation Software, as updated by SirsiDynix and used in accordance
with the Documentation and in the Operating Environment, will operate in
all material respects in confonnity with the Documentation.
If SirsiDynix Software does not perform as warranted, SirsiDynix shall use
commercially reasonable efforts to correct Errors. As Customer's exclusive
remedy for any claim under this warranty. Customer shall promptly notify
SirsiDynix in writing of its claim. SirsiDynix shall, within ninety (90) days of
its receipt of Customer's written notice; (i) correct such Error; (ii) provide
Customer with a plan for correcting the Error; or (iii) if neither (i) nor (ii) can
be accomplished with reasonable commercial efforts from SirsiDynix, then
SirsiDynix or Customer may terminate the affected SirsiDynix Voice
Automation Software license and Customer will be entitled to a pro-rata
adjustment in the fees paid for the affected SirsiDynix Voice Automation
Software.
7.2 SirsiDynix Subscriptions. SirsiDynix warrants that Subscriptions, as
used in accordance with the Documentation, will operate in all material
respects in confonnity with the Documentation.
7.3 Exclusions. SirsiDynix is not responsible for any claimed breach of
any warranty caused by: (i) modifications made to the SirsiDynix Software
by anyone other than SirsiDynix; (ii) the combination, operafion or use of
the SirsiDynix Software with any items that are not part of the Operating
Environment; (iii) Customer's failure to use any new or corrected versions
of the SirsiDynix Software made available by SirsiDynix; (iv) SirsiDynix's
adherence to Customer's specifications or instructions; or (v) Customer
deviating from the operating procedures described in the Documentation.
7.4 Third Party Products. SirsiDynix warrants that it is an authorized
distributor of the Third Party Product and that with the execufion of this
Master Agreement and the applicable EULA, Customer will have the right
to use such Product in accordance with the terms and conditions of the
temns of this Master Agreement and the applicable EULA. SIRSIDYNIX
MAKES NO OTHER WARRANTY WITH RESPECT TO ANY THIRD
PARTY PRODUCTS. CUSTOMER'S SOLE REMEDY WITH RESPECT
TO SUCH THIRD PARTY PRODUCTS SHALL BE PURSUANT TO THE
ORIGINAL LICENSOR'S WARRANTY, IF ANY, TO SIRSIDYNIX, TO THE
EXTENT PERMITTED BY THE ORIGINAL LICENSOR. THIRD PARTY
PRODUCTS ARE MADE AVAILABLE BY SIRSIDYNIX ON AN "AS IS, AS
AVAILABLE" BASIS.
7.5 Hardware. SirsiDynix warrants that it is an authorized distributor of the
Hardware. Hardware warranties shall be governed by the manufacturer's
warranty. SIRSIDYNIX MAKES NO WARRANTIES OF ANY KIND WITH
RESPECT TO THE HARDWARE. CUSTOMER'S SOLE REMEDY WITH
RESPECT TO SUCH HARDWARE SHALL BE PURSUANT TO THE
MANUFACTURER'S WARRANTY, IF ANY.
7.6 Disclaimers. THE WARRANTIES SET FORTH IN THIS MASTER
AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS
AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i)
ANY WARRANTY THAT ANY PRODUCT IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE
CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR
Customer Initial and Date:
Page 4 of 7
THIRD PARTY PRODUCTS WILL BE ACCURATE, RELIABLE AND
ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING
FROM STATUTE, COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR
INFORMATION GIVEN BY SIRSIDYNIX, ITS AFFILIATES,
CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY
WARRANTY PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES
THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE
OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO
CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN
ACCESS TO THE SERVICES AND CUSTOMER DATA AND THAT NO
FORM OF ENCRYPTION IS FOOL PROOF. ACCORDINGLY,
SIRSIDYNIX CANNOT AND DOES NOT GUARANTEE THE PRIVACY,
SECURITY OR AUTHENTICITY OF ANY INFORMATION SO
TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO
THE INTERNET.
8. EXCLUSION AND LIMITATION OF LIABILITY
8.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SIRSIDYNIX'S
TOTAL LIABILITY TO CUSTOMER FOR ANY CLAIM BY CUSTOMER OR
ANY THIRD PARTIES UNDER THE MASTER AGREEMENT,
EXCLUDING LIABILITY PURSUANT TO SECTION 6 (Indemnificafion),
WILL BE LIMITED TO THE FEES PAID BY CUSTOMER DURING THE
PREVIOUS 12 MONTHS FOR THE PRODUCT WHICH IS THE SUBJECT
MATTER OF THE CLAIM.
8.2 IN NO EVENT WILL SIRSIDYNIX BE LIABLE TO CUSTOMER FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY PUNITIVE,
TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, STAFF TIME,
GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, WHETHER OR NOT SIRSIDYNIX HAS PREVIOUSLY
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 NO CLAIM ARISING OUT OF THE MASTER AGREEMENT,
REGARDLESS OF FORM, MAY BE BROUGHT BY CUSTOMER MORE
THAN TWO YEARS AFTER THE CAUSE OF ACTION IS DISCOVERED
OR REASONABLY SHOULD HAVE BEEN DISCOVERED.
9. TERM AND TERMINATION
9.1 Term of Master Agreement. Subject to Section 10.12 below, the
ternn of this Master Agreement shall commence on the Effective Date and
shall continue in full force and effect unfil the expiration or termination of all
Quotes, unless othenwise tenninated earlier as provided hereunder.
9.2 Product and Services Term. The respective inifial ternn of
Software Maintenance, Hardware Maintenance, SubscripUons, and
Subscription Software as applicable, is specified in the Quote ("Initial
Term"). The Master Agreement may be renewed as specified in the Quote.
The Initial Temn and renewal terms are referred to as the "Term".
9.3.1 Termination. Either party may terminate the Master Agreement
immediately upon written notice if the other party commits a non-
remediable material breach of the Master Agreement, or if the other party
fails to cure any remediable material breach or provide a written plan of
cure acceptable to the non-breaching party within 30 days of being notified
in writing of such breach. Where the non-breaching party has a right to
terminate the Master Agreement, the non-breaching party may at its
discretion temninate the Master Agreement or the applicable Quote.
Quotes that are not terminated shall confinue in full force and effect under
the temns of this Master Agreement. Either party may also tenninate the
Master Agreement for any reason upon 90 days written notice to the other
party. 9.3.2 Following termination of the Master Agreement, Customer
agrees to certify that it has returned or destroyed all copies of the
applicable Product and Confidential Infomnation and acknowledges that its
rights to use the same are relinquished. 9.3.3 Early Termination Fee.
Customer agrees to pay a fee to SirsiDynix in the event of early
tennination, which becomes effective upon any date prior to the end of the
current Master Agreement year. Such fee shall be equal to 40% of
^SirsiDynix"
File: Carlsbad Citv Librarv GC# 330040
remaining value of the then-current Temn of the Products or Services, as
applicable. Customer agrees that damages suffered by SirsiDynix in the
event of such early termination are difficult or impossible to detemnine and
that the above amount is intended to be a reasonable approximation of
such damages and not a penalty. Customer agrees that it will pay such
amounts within thirty (30) days of any such early temninafion. Customer
shall notify SirsiDynix in writing of its intent to tenninate early not less than
ninety (90) days prior to the date of early tennination and Customer shall
not be eligible for any pro-rata credit or refund for unused partial year fees
paid.
9.4. Suspension. SirsiDynix will be entitled to suspend any or all
performance upon 20 days written notice to Customer in the event
Customer is in breach of the Master Agreement. Further, SirsiDynix may
suspend Customer's use of and access to all or a portion of the
Subscriptions if, and so long as, in SirsiDynix's sole judgment, there is a
security risk created by Customer that may interfere with the proper
continued provision of services or the operation of SirsiDynix's network or
systems.
10. GENERAL PROViSiONS
10.1 Force Majeure. The parties will exercise every reasonable effort to
meet their respective obligations hereunder but shall not be liable for
delays resulting from force majeure or other causes beyond their
reasonable control, including but not limited to power outages or failure of
third party service providers. This provision does not relieve Customer of
its obligation to make payments then owing.
10.2 Assignment. SirsiDynix may assign the Master Agreement and all
of its rights and obligations herein without Customer's approval to its
parent company or other affiliated company, to a successor by operation of
law, or by reason of the sale or transfer of all or substantially all of its stock
or assets to another entity. Neither party may othenwise assign or transfer
the Master Agreement without the prior written consent of the other party,
which shall not be unreasonably withheld. Notwithstanding the above,
SirsiDynix may fulfill its obligations hereunder through its affiliated
companies.
10.3 Cooperation. Customer agrees to provide cooperation, which
means assistance, infonnation, equipment, data, a suitable work
environment, timely access, and resources reasonably necessary to
enable SirsiDynix to perform any and all installation, implementation, and
sen/ices required to fulfill its obligations hereunder including but not limited
to ensuring SirsiDynix has remote access.
10.4 Delegation. SirsiDynix may subcontract or delegate any work
under any Quote to any third party without Customer's prior written
consent, provided however that SirsiDynix shall remain responsible for the
performance of any such subcontractors.
10.5 Notice of U.S. Government Restricted Rights. If the Customer
hereunder is the U.S. Government, or if the Software is acquired
hereunder on behalf of the US Government with U.S. Government federal
funding, notice is hereby given that the Software is commercial computer
software and documentation developed exclusively at private expense and
is fumished as follows: "U.S. GOVERNMENT RESTRICTED RIGHTS.
Software delivered subject to the FAR 52.227-19. All use, duplication and
disclosure of the Software by or on behalf of the U.S. Government shall be
subject to this Master Agreement and the restrictions contained in
subsection (c) of FAR 52.227-19, Commercial Computer Software -
Restricted Rights (June 1987)".
10.6 Export. Customer shall comply fully with all relevant export laws
and regulations of the United States to ensure that the Software is not
exported, directly or indirectly, in violation of United States law.
10.7 Non-solicitation. During the term of this Master Agreement and
for a period of one year following its tennination, neither party will solicit for
employment directly or through other parties, without the other party's
written permission, any individual employed by the other party, provided
however that the hiring of individuals responding to general public
markefing and recruiting advertisements and events shall not be a violation
ofthis provision; only active, targeted solicitation is prohibited.
10.8 Compliance. During the temn of this Master Agreement, SirsiDynix
shall have the right to verify Customer's full compliance with the terms and
requirements of the Master Agreement. If such verification process reveals
any noncompliance by Customer, Customer shall promptly cure any such
noncompliance; provided, however, that the obligations under this section
do not constitute a waiver of SirsiDynix's temninafion rights and do not
affect SirsiDynix's right to payment for Products related to usage in excess
of 1,750,000 items circulated per agreement year. Customer agrees to pay
$55 in annual maintenance and $150 in one-time license fees per 1,000
items that exceed the 1,750,000 items circulated License Metric.
10.9 Notices. Any notice required or permitted to be sent under the
Master Agreement shall be delivered by hand, by overnight courier, by
email to SirsiDynix at leqal@sirsidvnix.com. or by email to Customer at the
current Library & Cultural Arts Director's email as available on the
Customer's website, or by registered mail, return receipt requested, to the
address of the parties set forth in the Master Agreement or to such other
address of the parties designated in writing in accordance with this
subsection.
10.10 Relationship. The Master Agreement is not intended to create a
partnership, franchise, joint venture, agency, or a fiduciary or employment
relationship. Neither party may bind the other party or act in a manner
which expresses or implies a relationship other than that of independent
contractor.
10.11 Invalidity. If any provision of the Master Agreement shall be held
to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected
or impaired.
10.12 Survival. The following provisions will survive any termination or
expiration ofthe Master Agreement: sections 1, 2.7, 2.8, 2.10, 2.12, 3, 4, 5,
6, 7, 8, 9, and 10.
10.13 No Waiver. Any waiver of the provisions of the Master Agreement
or of a party's rights or remedies under the Master Agreement must be in
writing to be effective. Any such waiver shall constitute a waiver only with
respect to the specific matter described in such writing and shall in no way
impair the rights of the party granting such waiver in any other respect or at
any other time. The waiver by either of the parties hereto of a breach or of
a default under any of the provisions of the Master Agreement shall not be
construed as a waiver of any other breach or default of a similar nature, or
as a waiver of any of such provisions, rights or privileges hereunder. The
rights and remedies herein provided are cumulative and none is exclusive
of any other, or of any rights or remedies that any party may othenwise
have at law or in equity. Failure, neglect, or delay by a party to enforce the
provisions of the Master Agreement or its rights or remedies at any time,
shall not be construed and shall not be deemed to be a waiver of such
party's rights under the Master Agreement and shall not in any way affect
the validity of the whole or any part of the Master Agreement or prejudice
such party's right to take subsequent action.
10.14 Entire Agreement. The Master Agreement constitutes the parties'
entire agreement relating to its subject matter. It cancels and supersedes
all prior or contemporaneous oral or written communications, requests for
proposals, proposals, conditions, representations, and warranties, or other
communication between the parties relating to its subject matter as well as
any prior contractual agreements between the parties. Notwithstanding the
precedence of this Master Agreement, any existing Customer License
Metrics shall continue unless new License Metrics are identified in a
Quote. No modification to the Master Agreement will be binding unless in
writing and signed by an authorized representative of each party.
10.15 Third Party Beneficiaries. All rights and benefits afforded to
SirsiDynix under the Master Agreement shall apply equally to the owner of
the Third Party Products with respect to the Third Party Products, and such
third party is an intended third party beneficiary of the Master Agreement,
with respect to the Third Party Products.
Customer Initial and Date:,
Page 5 of 7 # SirsiDynix-
File: Carlsbad Citv Libran^ GC# 330040
10.16 Governing Law and Venue. Any action at law or in equity brought
by either of the parties for the purpose of enforcing a right or rights
provided for by this Agreement will be tried in a court of competent
jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these
proceedings to any other county.
10.17 Application of Laws. The parties agree that this contract is not a
contract for the sale of goods; therefore, the Master Agreement shall not
be govemed by any codificafion of Article 2 or 2A of the Unifonn
Commercial Code, or any codificafion ofthe Unifonn Computer Information
Technology Act ("UCITA"), or any references to the United National
Convention on Contracts for the International Sale of Goods.
10.18 Counterparts. The Master Agreement and each Schedule may be
executed in one or more counterparts, each of which shall constitute an
enforceable original ofthe Master Agreement, and that facsimile, electronic
and/or .pdf scanned copies of signatures shall be as effective and binding
as original signatures.
10.19 Headings and Drafting. The headings in the Master Agreement
shall not be used to construe or interpret the Master Agreement. The
Master Agreement shall not be construed in favor of or against a party
based on the originator ofthe document.
10.20 Dispute Resolution. If a dispute should arise regarding the
performance under the Master Agreement the following procedure will be
used to resolve any questions of fact or interpretation not otherwise settled
by agreement between the parties. Representatives of SirsiDynix or
Customer will reduce such questions, and their respective views, to writing.
A copy of such documented dispute will be fonwarded to both parties
involved along with recommended methods of resolufion, which would be
of benefit to both parties. The representative receiving the letter will reply
to the letter along with a recommended method of resolufion within ten (10)
business days. If the resolufion thus obtained is unsafisfactory to the
aggrieved party, a letter outlining the disputes will be fonwarded to a third
party arbitrator mutually agreeable to both parties. The third party arbitrator
will consider the facts and solutions recommended by each party and may
then opt to direct a solution to the problem. In such cases, the action of the
third party arbitrator will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies
available to them at law.
***************************************************
END OF MASTER AGREEMENT
The individuals executing this Master Agreement and the instruments referenced in it on behalf of SirsiDynix each represent and
warrant that they have the legal power, right and actual authority to bind SirsiDynix to the terms and conditions of this Master
Agreement.
City of Carlsbad
1635 Faraday Ave.
Carlsbad, California 92008-7314
Print Name:
Sirs! Corporation
SirsiDynix Technology Centre
3300 N. Ashton Blvd. - Suite 500
Lehi, UT 84043
Print Name: WtUf'M^ D?^X0K?^ .V
Title: City Manager or desjaDe»-Title: UFfO
Date: Date:
Approved as to Form
Sign
Prini^ame: Celia A. Brewer J^^ ^ ^ lH.f)^x {A \ Print Hi Scott Askew
Title: City Attomey /j^^J^ (>;^ /f y/,^ ^Vl^y
Date: ^ ^ / ~
Title: Secretary,
Date: A\XpQ(/a^ ^7c '^\3-
Print Name: Barbara Engleson
Title: City Clerk
Dave'. ^/<^^/lS
__^iinii»///.
Customer Initial and Date:
Page 6 of 7 # SirsiDynix-
File: Carlsbad Citv Libran/
Exhibit A - DEFINITIONS
"Circulation" means the checkout of a physical or digital Library Item to a
patron, or the renewal of a physical or digital Library Item.
"Confidential Information" means information of SirsiDynix and/or its
licensors includes but is not limited to all trade secrets, software, source
code, object code, specifications, as well as results of testing and
benchmarking of the Software or other services, product roadmap, data
and other information of SirsiDynix and its licensors relating to or
embodied in the Software or Documentation, including but not limited to
information designated as confidential in writing or information which ought
to be in good faith considered confidential and proprietary to the disclosing
party. SirsiDynix's placement of a copyright notice on any portion of any
Software will not be construed to mean that such portion has been
published and will not derogate from any claim that such portion contains
proprietary and confidenfial informafion of SirsiDynix. Confidential
Information does not include that the Customer uses SirsiDynix Products.
"Content" means any informafion, data, text, software, music, sound,
photographs, graphics, video messages or other material which Customer
receives through a Subscripfion.
"Customer Data" means any electronic data, information or material
provided or submitted by Customer (including the Customer's patrons and
users) to SirsiDynix through a Subscription or Services, or which Customer
(including the Customer's patrons and users) enters into the Subscription
or Services or has entered on its behalf, or which SirsiDynix is otherwise
given access to under the Master Agreement. Customer Data does not
inciude non-personally identifiable informafion aggregated by SirsiDynix.
"Documentation" means the user instructions, release notes, manuals
and on-line help files made available by SirsiDynix regarding the use of the
applicable Product.
"Effective Date" is defined in secfion 1.1.
"Error" means a material failure of a Product to conform to its functional
specifications described in the Documentation.
"EULA" means the end user license agreement that accompanies the
Third Party Product, which governs the use of or access by Customer to
the applicable Third Party Product.
"Go Live Date" means the calendar date agreed upon in the Quote at
which time the products will be substantially ready for operafional use for
normal daily business. Customer agrees that this date may be moved by
SirsiDynix in the event of Customer-caused delay.
"Hardware" means the physical hardware and equipment manufactured
by third party providers and sold to Customers by SirsiDynix.
"Intellectual Property" means any and all intellectual property rights,
recognized in any country or jurisdiction in the world, now or hereafter
existing, and whether or not perfected, filed or recorded, including without
limitation inventions, technology, patents rights (including patent
applications and disclosures), copyrights, trade secrets, trademarks,
service marks, trade dress, methodologies, procedures, processes, know-
how, tools, utilifies, techniques, various concepts, ideas, methods, models,
templates, software, source code, algorithms, the generalized features of
the structure, sequence and organization of software, user interfaces and
screen designs, general purpose consulfing and software tools, ufilities
and routines, and logic, coherence and methods of operation of systems,
training methodology and materials, which SirsiDynix has created,
acquired or otherwise has rights in, and may, in connection with the
performance of obligations hereunder, create, employ, provide, modify,
create, acquire or otherwise obtain rights in.
"Internal Business Purposes" means Customer's internal use but does
not include (1) sharing Confidenfial Information or Intellectual Property with
third parties without SirsiDynix written consent or (2) integration of third
GC# 330040
party products by any means into Software, Subscriptions or Subscripfion
Software without additional SirsiDynix license.
"License Metrics" means limits on Product usage as set forth in the
Quote such as Tifies, Circulafion, Users, students, seats, and reports.
"Maintenance" means the technical support and, with respect to
Software, the provision of Updates for the level of support services
purchased from SirsiDynix, all of which are provided under SirsiDynix's
support policies in effect at the time the Services are provided, which may
be modified from time-to-time by SirsiDynix in its sole discretion. A current
version of such Support Policies can be found under "SirsiDynix Support
Policies" (Document ID 93471) at http://support.sirsidynix.com.
"Operating Environment" means SirsiDynix-recommended hardware,
operafing system, middleware, database products and other software on
which the Software will operate.
"Professional Services" means data conversion, implementation, site
planning, configuration, integration and deployment of the Software or
Subscriptions, training, project management and other consulting services.
"Products" means Software, Subscriptions, Subscription Software,
Services and Hardware.
"Protected Materials" means Software and work product provided by
SirsiDynix under Services, Subscriptions, Subscription Software and
SirsiDynix's or its licensors' Intellectual Property and Confidential
Informafion.
"Quote" is defined in Section 1.3.
"Services" means those services provided or arranged by SirsiDynix
including but not limited to specific SirsiDynix Products such as (i)
Professional Services; and (ii) that part of Maintenance that is technical
support, excluding the provision of Updates.
"SirsiDynix Software" means each SirsiDynix-developed and/or
SirsiDynix-owned software product in machine-readable object code (not
source code), the Documentation for such product, and any Updates
thereto.
"Software" means the SirsiDynix Software and Third Party Software.
"Subscriptions" means the provision of access by SirsiDynix or its
hosting providers to Software and/or Content from a server farm that is
comprised of application, data and remote access servers, including
associated offline components including but not limited to cloud sen/ices
and web access to Content.
"Subscription Software" means Subscriptions hosted by Customer.
Customer does not have a license in Subscripfion Software.
"Term" is defined in secfion 9.2.
"Titles" means the number of unique records for an electronic, virtual,
and/or physical item which may be used by a library patron, such as a
bibliographic, MARC, visual material, serial or Dublin Core record, created
on the Software or Subscripfion. Multiple items, represenfing either
identical items or volumes in a set, may be included in a single Title.
'Third Party Products" means software or content including
documentation and updates if any, owned by an entity other than
SirsiDynix and provided by SirsiDynix in connecfion with Products.
"Updates" means the error corrections, releases, updates, modifications
or enhancements subsequently developed that SirsiDynix makes generally
available to its customers as part of Maintenance on a when and if
available basis. Updates exclude new products, modules, platform or
funcfionality for which SirsiDynix charges a separate fee.
"Users" means Customer's employees or agents who have been issued
user names and passwords by Customer to use the Products. Each such
User shall be one person, and user names and passwords cannot be
shared or used by more than one person.
Customer Initial and Date
Page 7 of 7
SirsiDynix
SirsiDynix
Quote for:
Carlsbad City Library
RFP Response
Prepared by:
John Taylor
Field Sales Consultant
SirsiDynix
Quote Date: December 19, 2012 Quote Valid Until: August 30, 2013
This quote is hereby fully incorporated into the IVIaster Agreement.
SirsiDynix Copyright 2013 - All Rights Reserved
Quote for Carlsbad City Library Reference number 57457
Quote Information
PORTFOLIO DATA MIGRATION
Data migration charges can only be estimated until a sample of data from your
existing systems becomes available for analysis. This describes the work typical of
a data migration into Portfolio for either MARC or XML record formats. $5,600 has
been allocated in the quote for 2 data loads based on the available information.
Further discussion and analysis will be required before work can begin.
INPUT FROM CUSTOMER: Convert extracted text file to xml records for
loading into Portfolio.
OPERATION: Data services will create an xml import file from a customer's
extracted records in txt format. The library must return the mapping chart below the
conversion of the Text file labels to their Dublin Core metadata fields. If multiple
fields are mapped to the same Dublin Core fields they will be mapped to a single
Dublin Core field with each tags data separated by a comma or semicolon. Each
field in the exported ascii text file must be delimited by a character (i.e. comma,
pipe, etc..) or a fixed length format. Other formats must be pre-approved.
Documentation should also be supplied that defines each field in the exported ascii
file.
The image file name must be specified in one ofthe fields exported. All ofthe
images should be placed in one folder and compressed to a zip file.
Below is a list ofthe Dublin Core fields for mapping:
Text File Label
Dublin Core Field
Title
Creator
Subject
Description
Publisher
Contributor
Date
Type
Format
For indexing purposes, we recommend use of DiXML-recognized FORMAT
values
Identifier Source Language
For indexing purposes, we recommend 180-639 values
Relation CoverageRights
LIMITS:
1. This product is for the conversion of the meta data record only. It must be
purchased with "Data Services - Portfolio Digital Image Batch loading".
2. SirsiDynix will develop software specifications one time. After specifications
have been agreed upon by both SirsiDynix and the Library, future changes may
incur further charges
3. SirsiDynix is not writing a custom report to do this work, therefore, the
customer will not be able to execute this work themselves on an ongoing basis.
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013-All Rights Reserved.
Page 2 of 18
SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Quote Information
4. Work will ONLY done after a customer has a verified full system backup.
5. Remote 24/7 server access is required for the duration of the project. The
sight may limit connectivity to the SirsiDynix Corporate VPN tunnel. SirsiDynix
supports Remote Desktop and VNC for Windows systems. SirsiDynix support
telnet and ssh access for Unix and Linux systems. Other connectivity methods
could incur addition fees.
This project is not to exceed (hrs): 16
Cost: $2,800
INPUT FROM CUSTOMER: Convert MARC21 records to an xml file for loading
into Portfolio.
OPEIRATION: Data services will create an xml import file from a customer's
MARC21 export. The library must return the mapping chart below outlining the
conversion of the MARC21 tags /subfields to their Dublin Core metadata fields. If
multiple marc tags are mapped to the same Dublin Core fields they will be mapped
to a single Dublin Core field with each tags data separated by a comma or
semicolon.
The image name will be obtained from the 856 tag, unless another tag is specified.
All ofthe images should be placed in one folder and compressed to a zip file.
MARC21 Tag
Subfield
Dublin Core Field
Title
Creator
Subject
Description
Publisher
Contributor
Date
Type
Format
For indexing purposes, we recommend use of DiXML-recognized FORMAT
values
Identifier Source Language
For indexing purposes, we recommend lSO-639 values
Relation Coverage Rights
Note: http://www.loc.gov/marc/marc2dc.html can be a good resource while
completing the mapping.
LIMITS:
1. This product is for the conversion of the meta data record only. It must be
purchased with "Data Services - Portfolio Digital Image Batch loading".
2. SirsiDynix will develop software specifications one time. After specifications
have been agreed upon by both SirsiDynix and the Library, future changes may
incur further charges.
3. If the data exist in a current SirsiDynix product, the export of the data is
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 3 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Quote Information
included but specific instructions will need to be supplied to identify records to be
extracted including linking information to the physical item.
4. SirsiDynix is not writing a custom report to do this work, therefore, the
customer will not be able to execute this work themselves on an ongoing basis.
5. Work will ONLY done after a customer has a verified full system backup.
6. Remote 24/7 server access is required for the duration of the project. The
sight may limit connectivity to the SirsiDynix Corporate VPN tunnel. SirsiDynix
supports Remote Desktop and VNC for Windows systems. SirsiDynix support
telnet and ssh access for Unix and Linux systems. Other connectivity methods
could incur addition fees.
This project is not to exceed (hrs): 16
Cost: $2,800
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 4 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Purchase Details (Extended)
All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted.
Component Yearl Year 2 Year 3 Year 4 Years
SirsiDynix SaaS subscription 71,620 62,500 62,500 62,500 62,500
Services 35,750 ----
Platinum Services 10,000 10,000 10,000 10,000 10,000
Enterprise 11,195 6,000 6,000 6,000 6,000
Portfolio 20,780 5,630 5,630 5,630 5,630
Enriched Content 9,352 9,770 9,770 9,770 9,770
Discount ( 65,280 ) ----
Total 93,417 93,900 93,900 93,900 93,900
Initial Term of Maintenance and SaaS Services: Five (5) Years from the projected Go Live Date of June 1, 2014
Initial Term Annual Price Increase Cap for SirsiDynix 0% annual price increase cap until Term renewal
Products/Services:
Customer's usage is subject to limitations that can be found in the Terms and Condifions section at the end ofthe Quote.
Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded
by the current Master Agreement, unless such additional terms are statutorily required of the Customer.
This Purchase Details section may not include pre-existing obligations for ongoing Products not listed in the Quote.
This quote is hereby fully incorporated into the Master Agreement
SirsiDynix Copyright 2013-All Rights Reserved.
Page 5 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Detailed Pricing
All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted.
Component
SirsiDynix SaaS subscription
SirsiDynix SMS Notification for Symphony SaaS - 100K
Message Package
SirsiDynix eResource Central Gateway Services - Annual
Subscription
SirsiDynix eRC Connector for Baker and Taylor - Annual
Subscription
SirsiDynix eRC Connector for Overdrive - Annual
Subscription
SirsiDynix eRC Connector for Recorded Books - Annual
Subscription
SaaS 9xx
SaaS Hosting Fee
Services
Installation
Consulting
Training
71,620
35,750
Platinum Services - Premier 10,000
This quote is hereby fully incorporated into the Master Agreement and Schedules
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 6 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Detailed Pricing
Training
Unlimited access to online eLearning for a
maximum of 30 users
Electronic training documentation for customization
Three distance training courses - Hands-On Lab or
Instructor-Led
20% discount on onsite, custom, or hands-on lab training
Best Practices and Custom Consulting
Dedicated Library Relationship Manager
Annual review and account planning
20 custom consulting hours
SureSailing monthly
20% discount on additional consulting hours
Customer Service and Support
Phone-based support: 24 x 7 for critical Level 1 issues
Phone-based support: 24 x 5 for any questions or issues
Weekend and evening upgrade support
Priority call handling and resolution
Remote system diagnostics and support
Remote mobile device diagnostics and support
Client Care Portal and Knowledge Base access
5 authorized contacts that can call or open cases
APIs
Access to all SirsiDynix APIs and training
Data Eniiancement Services
Update MARC records with full SmartSOURCE service
Quarterly Authority update service
Authority Processing 10% discount
Enterprise 11,195
This quote is hereby fully incorporated into the Master Agreement and Schedules
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 7 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Detailed Pricing
All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted.
Component
SaaS Enterprise Annual Subscription
Installation and Training
Portfolio
SirsiDynix Portfolio, SaaS Annual Subscription - Up to 10K
assets/100GB Disk
Installation and Training
Enriched Content
Enriched Content Basic Package
Enriched Content Core Enhanced Public Subscription
Discount
Customer Loyalty Discount
Services Discount
QUOTE TOTAL
20,780
9,352
Total Discount
( 15,780 )
(49,500 )
(65,280 )
93,417
This quote is hereby fully incorporated into the Master Agreement and Schedules
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 8 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Component Descriptions
SirsiDynix SaaS subscription
SirsiDynix SMS Notification for Symphony SaaS - 100K Message Package
Subscription to the SMS Notification feature requires your ILS system to be on SirsiDynix Symphony 3.4.1 Patch Cluster 1 or above. Up to
100,000 messages included per year. Additional messages used, if allowed, will be deducted from the subsequent subscription package
purchased. Messages not used at annual renewal will be forfeit. You may change the subscribed package to increase or decrease the number
of messages at annual renewal time.
SirsiDynix eResource Central Gateway Services - Annual Subscription
Minimum requirements: SirsiDynix Symphony 3.4.1 or Horizon 7.5.1 and above. eResource Central Gateway Services provides eBook
integration which allows libraries to provide seamless access to all library resources via a single user interface. Open Library and Project
Gutenberg content is available and included with this service.
SirsiDynix eRC Connector for Baker and Taylor - Annual Subscription
The SirsiDynix eRC Connector provides access through SirsiDynix eResource Central Gateway Services to the approved content of Baker and
Taylor. It does not include any 3rd Party fees which may be required by the Partner to use the content being accessed.
SirsiDynix eRC Connector for Overdrive - Annual Subscription
The SirsiDynix eRC Connector provides access through SirsiDynix eResource Central Gateway Services to the approved content of Overdrive.
It does not include any 3rd Party fees which may be required by the Partner to use the content being accessed.
SirsiDynix eRC Connector for Recorded Books - Annual Subscription
The SirsiDynix eRC Connector provides access through SirsiDynix eResource Central Gateway Services to the approved content of Recorded
Books. It does not include any 3rd Party fees which may be required by the Partner to use the content being accessed.
SaaS 9xx
9XX Order Interface automatically loads bibliographic and order information from online acquisitions systems.
SaaS Hosting
Services
Installation:
Product Delivery
SirsiDynix SMS Notification Software Installation
SirsiDynix eRC Gateway Services Installation
Includes installafion and configuration of SirsiDynix eResource Central Gateway Services and one eRC connector.
Add-On Module Software Installation
Activation of SirsiDynix Symphony/Unicorn add-on module as per specified. Price is per module.
Product Deliverv - Enriched Content Element Installation
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 8 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Component Descriptions
Product Deliverv - Enriched Content Code Installation
Project Management
Proiect Management - SirsiDynix SMS Notification
Project management for SirsiDynix SMS includes a dedicated project manager to guide you through the implementafion of SirsiDynix SMS.
This includes, scheduling and coordination of SirsiDynix resources, holding project progress calls (if needed) and helping with a smooth
transition to SirsiDynix customer support after the project is complete.
Project Management - SirsiDynix eResource Central
Core Module Add On (Tier 2)
Tier 2 Project Management Services for the implementation of 9xx Interface module either during an ILS Migration or as a standalone add
on order for a current customer.
Core Module Add On (Tier 2)
Tier 2 Project Management Services for the implementation of Enriched Content either during an ILS Migration or as a standalone add on
order for a current customer.
Consulting:
SirsiDynix eRC Additional Connector Setup
Includes configuration of one SirsiDynix eResource Central connector.
Software Consulting Review (4 davs on-site)
SirsiDynix 4 Day Software Consulting Review was created for libraries that have been on their existing software over a period of time to
update staff on its current capabilifies and latest features ensuring library staff use the software at maximum productivity and their patrons
have access to the latest innovafions. Examples of suggested sessions the library can request for the four days are: 14 day Pre-Upgrade
Planning - Plan for libraries jumping multiple versions VT. day Integration specifications - Integrate other applications % day Post-Upgrade
Assistance - Assistance with post-upgrade tasks 1 day New Staff Orientation - Personalized assistance for a new director, system
administrator or department manager 1 day Upgrade Highlights - Overview of software enhancements for library staff Vi day New Products
Overview - Update on exciting new products users and staff efficiency % day Staff Process Review - Analysis and recommendations for
departmental workflow (per module) 1 day Policy Review - Streamlining policies for easier administrafion 1 day Data Review - Analysis of
current data and formats and plans for change 1 day Report Review - Analysis and update of report setup 1 day User Interface Review -
Review of options to enhance user experiences
Core Implementation (4 days on-site)
ILS Policy Profiling is designed to provide expert guidance to library project team members with setting up and configuring a comprehensive,
yet concise, policy structure. A SirsiDynix consultant will work with the library project team during a two day on-site visit to review and
complete an Excel spreadsheet containing local policy decisions. After test data load, the SirsiDynix consultant will conduct a series of
distance sessions to review data as well as prepare the system for strategic functions such as standalone and notice generation for go-live.
Travel expenses are included. Sessions not to exceed 50 hours.
Software Consulting Review (4 davs on-site)
SirsiDynix 4 Day Software Consulting Review was created for libraries that have been on their existing software over a period of time to
update staff on its current capabilifies and latest features ensuring library staff use the software at maximum productivity and their patrons
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 9 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Component Descriptions
have access to the latest innovations. Examples of suggested sessions the library can request for the four days are: % day Pre-Upgrade
Planning - Plan for libraries jumping multiple versions V2 day Integration specifications - Integrate other applicafions /4 day Post-Upgrade
Assistance - Assistance with post-upgrade tasks 1 day New Staff Orientation - Personalized assistance for a new director, system
administrator or department manager 1 day Upgrade Highlights - Oven/iew of software enhancements for library staff !4 day New Products
Oven/iew - Update on excifing new products users and staff efficiency 14 day Staff Process Review - Analysis and recommendations for
departmental workflow (per module) 1 day Policy Review - Streamlining policies for easier administration 1 day Data Review - Analysis of
current data and formats and plans for change 1 day Report Review - Analysis and update of report setup 1 day User Interface Review -
Review of opfions to enhance user experiences
Training:
Self-paced Training, SirsiDynix SMS Notification for Symphony
Learn to set up and send SMS notifications in batch or individually via SirsiDynix Symphony. This training is available in English only.
Acguisitions - MARC Order Loader/9XX
One seat in a group distance instructor-led course for Acquisifions: 9XX / MARC Order Loading. Learn to load orders placed directly with
vendors into WorkFlows. After complefing this course, you will be able to: • Identify and understand the steps needed to prepare for/MARC
Order Loading/ 9XX. • Use the MARC Order Import Utility wizard. • Run the Load Bibs with Order Info report. • Run the Load Flat Order
Records report.
Training - Instructor-Led, Private. SirsiDynix eResource Central
Eight seats in a Private distance instructor-led course for eResource Central.
Platinum Services
The next level of service. A comprehensive suite of services and extended support to ensure libraries get the same first-class service they offer
to communities.
Enterprise
SaaS Enterprise Annual Subscription
SirsiDynix Enterprise is a state-of-the-art faceted search solution that empowers libraries to make their collections more searchable and
discoverable than ever before. Capitalizing on fuzzy search logic technology never before available to libraries, SirsiDynix Enterprise delivers
leading-edge faceted search capabilifies, simplified search interfaces, and much more.
Theme Customization
Working with a SirsiDynix Consultant, theme customization addresses changing the look and feel ofthe product like colors, adding graphics, and
using CSS to edit fonts and page layouts. This custom work is guaranteed to work on the version of Enterprise currently installed on the
customer's system. SirsiDynix cannot guarantee compafibility with future releases. Updating custom work to be compatible with a later release
will attract additional fees.
Enterprise - Administration Training
One seat in a group distance instructor-led course for Enterprise Administration. This class focuses on the policies found in the Enterprise admin
module. You will learn how to display, create, modify and remove policies, as well as work with user accounts and scheduled tasks. By the end
ofthe course you will know how to: Create Enterprise admin user accounts Manage search profiles and search result displays Look up and
blacklist search suggestions Crawl website information for use in result lists Dictate scheduled tasks for indexing ILS data
Enterprise - End User Training, Group
One seat in a group distance instructor-led course for Enterprise End User training. This class focuses on performing searches and
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 10 of 18
SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Component Descriptions
maneuvering through the end-user interface. You will learn how to use the facets and different search types. By the end ofthe class you should
know how to: • Use "Did you mean?" and other search suggestions • Limit search results by item library, item type, or other search facets •
Utilize email and print options • Check item availability as well as place hold requests • Write a patron review
Enterprise - Rooms Content Management Training
One seat in a group distance instructor-led course for Enterprise: Rooms Content Management. This class focuses on the rooms management
and content creafion capabilities in the Enterprise admin module. You will learn how to manage rooms, edit room properties, and edit and create
content for a room. By the end ofthe course you will know how to: -Create new rooms and Edit existing rooms 'Hide and display rooms
•Manage the availability of rooms to a Profile -Understand and edit room properties including choosing layouts -Select Search Targets and
Search Limits for a room -Edit and create content for a room -Detach and attach rooms and branches
Portfolio
SirsiDynix Portfolio, SaaS Annual Subscription - Up to 10K assets/100GB Disk
SirsiDynix Portfolio is a digital asset management solution that includes a state-of-the-art searching solution that
empowers libraries to make their digital collections more searchable and discoverable than ever before. SirsiDynix
Portfolio includes OAl-PMH capabilities, both as a server as well as a harvester. Also included is the ability to
create metadata templates based on a wide range of digital media types, such a music, video, images, etc.
Portfolio Digital Image Batch Loading
Portfolio Digital Image Batch Loading
Custom Data Services *
Refer to the Additional Information - Custom Services for details.
SirsiDynix Portfolio Software Installation
Includes installation of SirsiDynix Portfolio in SirsiDynix SaaS facility or on the customer's local machine, installation
of an ILS Agent on a Horizon or SirsiDynix Symphony ILS and installation/configuration ofthe appropriate Java
Development (JDK). In addition; it includes the installation of Web Services for sites using SirsiDynix Symphony.
Portfolio SureStart-3
SureStart is a layer of consulting support designed to smooth the transition to Portfolio by addressing configuration
issues like search limits, profiles, etc.
Portfolio Training. Group
One seat in a group distance instructor-led course for Portfolio. This class teaches participants how to create
collections of assets such as PDFs, photographs, and other digital content. Participants will also learn how to
import and export collections as well as define an indexing schedule for all media types. Managing templates for
metadata entry will also be covered. By the end ofthe class, the participant will be able to: -Create a collection of
assets manually using templates for metadata entry -Define security levels for collections -Display assets to the
public using rooms functionality -Browse and search to find desired assets -Bulkload metadata and digital files
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 11 of 18 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Component Descriptions
using import utility -Export assets using export utility -Define templates for metadata entry -Set schedule for full-text
indexing of all media types.
SirsiDynix Portfolio Proiect Management
Project Management Services for the implementation of SirsiDynix Portfolio
Enriched Content
Enriched Content Basic Package
Price is Per 1000 Circ. Enrichment Elements include: Tables of Contents, Summaries, First Chapters/Excerpts, Cover Images, Author Notes,
and reviews from Publisher's Weekly, Library Journal, School Library Journal, Booklist, Choice.
Enriched Content Core Enhanced Public Subscription
Includes Awards, Fiction Profiles, Find Similar Tifies, Video and Music 1, and Series List. These elements are available for: SirsiDynix Enterprise
1.0 or higher SirsiDynix e-Library with SirsiDynix Symphony 3.2.1 or higher HIP 3.10 with Horizon 7.4.2 or higher
This quote is hereby fully incorporated into the Master Agreement.
SirsiDynix Copyright 2013 - All Rights Resen/ed.
Page 12 of 18 SirsiDynix
Existing Components
Component
SirsiDynix SaaS subscription
SaaS Core Package License Increase
SaaS Additional Branch Fee
SaaS Acquisitions
SaaS Electronic Data Interchange (EDI)
SaaS Debt Collection Agency Interface
SaaS Materials Booking
SaaS OutReach
SaaS Serials
SaaS Test System
SaaS Universal S1P2
SmartPORT
SaaS Unicode Server Extension Test System
SSL Security Certificate Subscription
Telemessaging
Telephone Messaging SVA Software
Telephone Messaging SVA Per Line Fee
Telephone Messaging Software Maintenance
Hardware
Telemessaging Server
Peripherals
This quote is hereby fully incorporated into the Master Agreement
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 13 of 18
SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Existing Components
SirsiDynix SaaS subscription
SaaS Core Package License Increase
SaaS Additional Branch Fee
License fee for each additional service agency.
SaaS Acguisitions
SirsiDynix Symphony Acquisitions provides efficient online tracking of materials from ordering through
claiming, receiving, invoicing, and processing. Firm orders, gifts, subscriptions, approval, and standing
orders are all easily accommodated and can be tracked separately or together. EDI X-12: SirsiDynix
supports all transactions formats currently adopted by SISAC (Claims/Claim Response /Invoice /Dispatch
Information/Functional Acknowledgment). SirsiDynix Symphony can electronically transmit and receive
information in these formats using XI2. EDI (Electronic Data Interchange) allows libraries to communicate
with vendors to transfer ordering, invoicing, or subscription information between computers. 9xx: 9xx Book
order Loader facilitates the acquisitions workflow when libraries place orders for materials through a
Web-based book vendor ordering system. This module, especially for academic libraries, not only imports
MARC records for new book orders, but also records the order details in SirsiDynix Symphony's Acquisitions
module, all in one step. Vendors include Baker and Taylor TitleSource II, Ingram iPage, BWI TitleTales,
Brodart Bibz.com, Yankee Book Peddler GOBI, Blackwell Collection Manager, and Harrassowitz
OttoEditions.
SaaS Electronic Data Interchange (EDI)
Electronic Data Interchange (EDI) facilitates electronic communicafion with your materials vendors. EDI
supports the claim/claim response, invoice, and funcfional acknowledgment transactions and can
electronically transmit and receive information using the X12 protocol.
SaaS Debt Collection Agency Interface
SirsiDynix Symphony Debt Collection Agency Interface includes debt collection reports that output
informafion on overdue fines, bills, and referral fees. This interfaces directly with Unique Management and is
priced foreach participating institution.
SaaS Materials Booking
SirsiDynix Symphony Materials Booking enables booking, circulafion, and maintenance of equipment,
rooms, and nonprint materials.
SaaS OutReach
SirsiDynix Symphony Outreach automates processes allowing homebound patrons to request items based
on interest categories and to deliver the selected items to patron homes.
SaaS Serials
SirsiDynix Symphony Serials manages the prediction, receipt, and routing of all serial subscriptions,
generating and maintaining a separate MARC holdings record for each subscription. Managing orders and
renewals are fully integrated with SirsiDynix Symphony Acquisitions. As the library receives individual
issues. Serials automatically predicts the next expected issue based on the serials publicafion pattern.
Combined issues, special issues, missing issues, or other irregularities are handled easily and efficiently.
Basic Serials Binding functionality is included in this package.
This quote is hereby fully incorporated into the Master Agreement
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 14 of 18
SirsiDynix
Existing Components
SaaS Test Svstem
A SirsiDynix Symphony Test System can be loaded with generic policies and data so you can test policy
changes before initiating changes to the production sen/er. You can test upgrades/updates prior to applying
those to the production server, and/or use the test system for on-going training of staff and new staff. Test
file customizafion and global changes will not affect your catalog and database. Includes one production to
test copy over per year. Should there be an upgrade to Producfion SirsiDynix will perform an additional copy
over at no charge. Each copy should be requested via Customer Support and additional copies are available
for purchase.
SaaS Universal S1P2
SirsiDynix Certified Solutions Providers offer SIP2-certified products to our customers. We certify that their
products are compliant. This interface price encompasses all SirsiDynix Certified SIP2 vendors.
SmartPORT
SirsiDynix Symphony SmartPORT Unlimited User Licenses enable staff to locate a record in a
Z39.50-compliant database and to import the record to your own database. An unlimited number of
SmartPORT Z39.50 copy cataloging client user licenses is included for this price.
SaaS Unicode Server Extension Test Svstem
SirsiDynix Symphony Unicode Server Extension Test System enables staff users to load, input, index, and
display MARC records containing both the Roman characters and the non-Roman characters used in
languages such as Arabic, Chinese, or Russian. This license enables you to test policy changes and
configurations before applying the changes to your Unicode-compliant production system.
SSL Security Certificate Subscription
The SSL annual subscripfion will encrypt all OPAC-related traffic by using the https protocol via SSL. This
will allow any sensitive OPAC-related traffic to remain secure. The subscription includes annual renewal of
the SSL certificate by SirsiDynix.
This quote is hereby fully incorporated into the Master Agreement
SirsiDynix Copyright 2013 - All Rights Resen/ed.
Page 15 of 18
SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Terms and Conditions
othier Terms
Enriched Content is based upon annual circulation. You are licensed for up to 1,750,000 annually circulated items;
an increase requires additional licenses.
SirsiDynix may add and/or substitute equivalent products for any third party items in the event of product
unavailability. Software requirements and/or model number changes.
"Go Live Date" means the calendar date agreed upon in the Quote at which time the products will be substantially
ready for operational use for normal daily business. Customer agrees that this date may be moved by SirsiDynix in
the event of Customer-caused delay.
Maintenance must be ordered for all copies ofthe Software and for all elements ofthe Software which are used
conjunctively by Customer. Customer's System shall remain within two (2) previously released software versions of
the most recent version ofthe software at all times or an additional maintenance surcharge service charge will be
added to the maintenance renewal.
Customer shall not integrate products offered by third parties into Software, Subscriptions or Subscription Software
without additional license from SirsiDynix.
Payment Terms
The term of any quoted products is for no less than five (5) years. Subsequent years' Support, Subscription and
SaaS Services fees are to be paid annually in advance.
Third Party Products/Software license fees
100% due upon Go Live
Subscriptions fees
100% of first year's subscription(s) due at Go Live Date
Support/Maintenance fees
100% of first year's Support due at Go Live Date
Services/Training
100% at Go Live Date
Platinum Services
Platinum Services ("PS") shall commence immediately upon the signing ofthis document. The payment of
all applicable fees, if any, will be due at Go Live Date. PS shall continue through the expiration of the
Customer's current term for Maintenance/SaaS Services subscription ("PS Initial Term"). Renewal terms
for PS shall be the same as Customer's current agreement regarding Maintenance/SaaS Services
subscription.
This quote is hereby fully incorporated into the Master Agreement
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 16 of 18 ^9 SirsiDynix
Quote for Carlsbad City Library Reference number 57457
Terms and Conditions
Any reference to license metrics and/or licensed amounts included in this quote shall be applicable only to the
products and/or services mentioned in this quote. This document and any software or professional services
associated with this document are hereby fully incorporated into the current Agreement executed between SirsiDynix
and Customer. If there is no current agreement between the parties, the terms and conditions of the current
SirsiDynix Master Software License and Services Agreement shall be deemed the controlling Agreement between the
parties, a copy of which shall be furnished upon Customer's request. Any and all pre-printed terms and conditions on
Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current
Agreement, unless such additional terms are statutorily required of the Customer. In the event of a conflict, the terms,
payment terms, discounts, product lists and/or statement of work contained within this document shall take
precedence over the current Agreement between the parties. In the event Customer desires or requires updated
terms and conditions for the continuing business relationship with SirsiDynix, please contact your regional Sales
Representative.
This quote is hereby fully incorporated into the Master Agreement
SirsiDynix Copyright 2013 - All Rights Reserved.
Page 17 of 18 |Jw SirsiE^ynix
Quote for Carlsbad City Library Reference number 57457
Terms and Conditions
Customer Signature
Carlsbad City Library
By:
Printed Name:
Title:
Date:
2^ \ (^
Billing Address:
Carlsbad City Library
1635 Faraday Ave.
Carlsbad
California 92008-7314
United States
Page 18 of 18
This quote is hereby fully incorporated into the Master Agreement
SirsiDynix Copyright 2013 - All Rights Reserved.
SirsiDynix