WCCLS - Library WILI Agreement 2011-2016 CA 8
WCCLS Information Network Agreement
This Agreement is made by and between Washington County, a home rule subdivision of the
State of Oregon hereinafter referred to as "County", by and through Washington County
Cooperative Library Services, hereinafter referred to as "WCCLS" and the Cities of Banks,
Beaverton, Cornelius, Forest Grove,Hillsboro,North Plains, Sherwood,Tigard and Tualatin,
Cedar Mill Community Library Association, Garden Home Community Library Association,
Tuality Healthcare and Oregon College of Art and Craft, hereinafter referred to as "Network
Users."
WHEREAS,the parties hereto are currently participants in the WCCLS Network;
WHEREAS,the parties are either units of local government empowered by ORS 190.010
to enter into an intergovernmental agreement, or are private non-profit agencies operating
libraries, and
WHEREAS, WCCLS has purchased and installed an automated integrated library system
and is desirous of making this system available for use by libraries in Washington County;
NOW THEREFORE, in consideration of the mutual covenants contained herein,the
parties agree as follows:
I. DEFINITIONS
The following definitions shall be used in constructing the following phrases,terms and
abbreviations in this Agreement:
A) WCCLS (Washington County Cooperative Library Services) -An agency of county
government that exists to coordinate, contract for or provide a full range of library and
information services to all residents of the county.
B) WCCLS Information Network(formerly known as WILInet)—The system that includes: the
shared integrated library system software (circulation, public access catalog, cataloging,
serials control and acquisitions software);the WCCLS.org website and its resources; other
databases provided by WCCLS for member library or public access; central site hardware and
software; software, hardware or appliances provided to member libraries and supported by
WCCLS; and the telecommunications network linking Network Users to the system and for
Internet access. Hereafter referred to as the"Network."
C) Host—Any intelligent device connected to the Network that is addressable by a
network/transport protocol. All workstations, network printers, routers, etc. are hosts.
D) Broadband Users' Group—A membership organization through which WCCLS procures
Internet and firewall network services through the Public Communications Network.
WCCLS Information Network Agreement 5/24/2011-page 1
E) WCCLS Policy Group—the Board established to provide technical and professional support
and advice to the WCCLS Executive Board, to develop and implement policies and
procedures for delivery of countywide public library services, and to advise the Cooperative
Library Services Director.
F) WCCLS Information Network Users' Group-A committee of the WCCLS Policy Group to
advise WCCLS and the WCCLS Policy Group on the operation of the automated system as
defined in the WCCLS Policy Group Bylaws.
G) Public Library Services Agreement=The Inter-Governmental Agreement between
Washington County and library service providers to provide library services to all county
residents, containing a distribution formula under which WCCLS makes payments to public
libraries.
H) WCCLS Executive Board—the Board established to advise the Board of County
Commissioners and the Cooperative Library Services Director on matters pertaining to the
funding for countywide library services, distribution of financial resources by WCCLS for the
provision of countywide public library services, and long term governance and funding
strategies.
I) West Slope Communi Library—The public library that is a department of WCCLS and
managed by the County. For purposes of this Agreement, West Slope is treated as a Network
User.
2. TERM OF AGREEMENT
This agreement shall be in effect from July 1, 2011,through June 30,2016, except as otherwise
provided in Section 14 of this Agreement
3. OWNERSHIP AND MANAGEMENT OF THE WCCLS INFORMATION NETWORK
A) The Washington County Board of Commissioners, as the governing body of WCCLS, retains
final authority for decision-making related to the Network and its operation.
B) WCCLS shall have full ownership of all Network components and shall make the system
available to Network Users. All software and upgrades provided to Network Users by
WCCLS will remain the property of WCCLS.
C) Item records owned by Network Users,the associated bibliographic and patron records where the
patron is registered at the Network User Library, shall be considered the property of that Network
User. On termination of this Agreement by either party Network User shall pay all reasonable costs
associated with data extraction necessary to provide records in machine-readable format.
WCCLS Information Network Agreement 5/24/2011-page 2
4. SERVICE AVAILABILITY
A) The Network shall be available for use twenty-four(24) hours a day except for routine
maintenance and when software, hardware, or telecommunications upgrades/changes
necessitate making the system unavailable. WCCLS agrees to provide Network User with
prior notice of Network downtime if it will affect library operations and/or business hours
except for unexpected outages due to Network failure or other circumstances beyond the
control of WCCLS.No liability shall be assumed by WCCLS if Network experiences
downtime.
B) WCCLS staff shall be available to support the Network and to answer questions about the
Network from Network Users.No Network staff will be available on days that are official
Washington County holidays.
The hours of service will be as follows:
8:00 am—9:00 pm, Monday—Thursday;
8:00 am—6:00 pm Friday,
9:00 am—5:00 pm Saturday, and
10:30 am - 5:30 pm Sunday.
Staff will be on-call for emergency support only 6:00pm to 9:00pm Friday.
5. DATA RECOVERY
WCCLS will duplicate daily all data maintained in the Network database. WCCLS will rotate
back-up data between on-site storage and off-site storage so that files can be reconstructed if a
system malfunction occurs that requires restoring or rebuilding data files, in whole or in part. A
minimum of one weekly back-up will be stored in a location physically apart from the site of the
central system in case of major disaster at the central site.
6. DUTIES AND RESPONSIBILITIES OF WCCLS
WCCLS shall:
A) Purchase all Network hardware, software, and telecommunications equipment, housing such
equipment in a suitable environment, and maintaining said equipment in good operating
condition.
B) Purchase integrated library system client software licenses for Network Users and coordinate
distribution of licenses.
C) Provide, or contract for the provision of, maintenance of Network hardware, software, and
the telecommunications equipment.
D) Employ personnel needed to maintain and operate Network and staff a help desk for problem
reporting and resolution.
WCCLS Information Network Agreement 5/24/2011-page 3
E) Provide a source of, and maintain for Network Users, MARC bibliographic cataloging
records and authority records in the catalog. This includes monitoring and evaluating
bibliographic services to maintain quality bibliographic records.
F) Purchase, and coordinate licensing of, other software, applications or equipment to support
Network services.
G) Purchase item inventory tags and patron cards to be used by Network Users.
H) Provide initial training and initial and on-going training materials to Network Users for
WCCLS provided software applications.
1) Provide documentation for the integrated library system.
J) Provide software updates to Network Users for software applications purchased by WCCLS
and licensed for use at member libraries.
K) Regularly review the operations of Network hardware, software and telecommunications,
evaluate performance, and develop plans for modifications,upgrades and new services, as
outlined in the WCCLS Long Range Plan.
L) Monitor compliance with Policies &Procedures adopted by the WCCLS Policy Group and
the Broadband Users' Group to coordinate orderly and secure use of the system.
M) Conduct an independent security audit of the Network and implement recommendations to
maintain security and integrity.
N) Take steps to maintain security, up to and including terminating a connection between one or
more network Hosts that appear to present a problem that threatens security, integrity, or
performance. Prior notification of the impending disconnection will be given to the affected
Network Users if time permits. Connectivity will be restored when the WCCLS staff
determines that the problem is resolved or the threat removed,unless WCCLS determines
that the problem or threat has resulted in a default under paragraph 12.
O) Manage the Network pursuant to the terms and conditions of this Agreement.
7. DUTIES AND RESPONSIBILITIES OF NETWORK USERS
Network Users shall:
A) Participate in the use and operation of the Network under the terms and conditions of this
Agreement and the Policies &Procedures adopted by the WCCLS Policy Group.
WCCLS Information Network Agreement 5/24/2011-page 4
B) Take full responsibility for linking item information for Network User's holdings to
bibliographic records in the catalog and for meeting cataloging standards as outlined in the
Policies &Procedures.
C) Provide, maintain, and administer cabling, equipment, software, associated devices and Hosts
within Network User's building that are connected to the Network.
D) Provide site preparation, access, and environmental conditions necessary for optimal security
and functioning of network Hosts provided by WCCLS.
E) Ensure that devices configured by Network User and accessing the Network comply at all
times with hardware, software and security requirements deemed necessary by WCCLS staff.
F) Ensure that all Hosts connected to the Network shall be secured and supervised by library
staff during use. Public users shall not use staff workstations.
G) Ensure that any Host or device connected to the Network shall neither cause, nor have the
potential to cause, any network disruption, security breach, nor other deleterious outcome.
H) Obtain permission from WCCLS in advance of attempting to attach any new equipment to
the Network.
I) Obtain permission from WCCLS in advance of adding workstations that will run software
applications purchased by WCCLS and licensed for use at member libraries.
J) Protect Network equipment and software from abuse,theft or misuse, and assume financial
responsibility for repairing or replacing damaged equipment.
K) Be responsible for system security by limiting access to non-public accounts to trained,
authorized staff and volunteers, and using security protocols and procedures as directed by
WCCLS to prevent unauthorized access. Examples may be password protection, encryption
of sensitive information, or locking workstations when not in use.
L) Notify WCCLS of changes in services, including but not limited to acquisition of additional
domain accounts, integrated library system accounts, workstations, email accounts, and
deletion of said accounts.
M) Provide an inventory of Network Hosts in Network User's facility and connected to the
Public Communications Network as needed by WCCLS.
N) Conduct an annual inventory of licenses in use by the Network User as instructed by WCCLS
staff.
O) Keep records and statistics when required by WCCLS to document system performance.
WCCLS Information Network Agreement 5/24/2011-page 5
P) Designate at least one person as the WCCLS contact concerning use of the Network.
9. CONFIDENTIALITY OF DATA
The patron and circulation records in the catalog shall be deemed to be exempt from public
disclosure pursuant to ORS 192.502(23). All parties agree that they will not disclose patron and
circulation information. All parties also agree that only library staff and designated library
volunteers shall have access to such records in the course of operating the system. All parties
agree to forward to WCCLS all requests for confidential data from law enforcement or other
requestors in accordance with established Policies and Procedures. All parties may use patron
name and address information for library purposes as long as it is used in accordance with
established Policies&Procedures.
10. COST ALLOCATION FORMULA
On an annual basis, WCCLS shall calculate the Cost Allocation Formula(EXHIBIT A) based on
measures of Network Users' use of the Network: integrated library system licenses,total
circulation,number of titles, number of items, number of patrons, and volumes added in the
fiscal year. The purpose of the Cost Allocation Formula is to identify each Network User's
percentage share of operational costs to maintain the Network should WCCLS funding cease.
Network Users that are not signatories to the Public Library Services Agreement, chiefly Tuality
Health Resource Center and Oregon College of Art and Craft, shall be responsible for ten percent
of their share of the cost allocation on an annual basis. These Network Users shall be notified of
Network operating costs by April 1 as determined by the Cost Allocation Formula used in
EXHIBIT A "Cost Allocation Formula". These Network Users shall receive an invoice from
WCCLS by April 15 for the annual cost, which shall be paid by June 30.
11. ADMISSION OF NEW NETWORK USERS THAT ARE NOT SIGNATORIES TO
THE PUBLIC LIBRARY SERVICES AGREEMENT
WCCLS shall have the option of admitting other libraries to the Network provided that any
necessary system modification shall be undertaken to ensure continued security and performance.
Admission of New Network Users shall require unanimous approval of present Network Users
and the WCCLS Executive Board. New Network Users will be assessed a share of operating
costs for the first year of membership as determined by the WCCLS Executive Board. The"Cost
Allocation Formula" in Exhibit A applies during the second year and thereafter.
12. DEFAULT
A) Each of the following shall constitute a default:
1. Material noncompliance with the terms of the Agreement or any policies or procedures
adopted pursuant to this agreement;
2. Misuse of system operating software, hardware, or telecommunications.
3. Failure to maintain system security protocols or procedures as directed by WCCLS.
WCCLS Information Network Agreement 5/24/2011-page 6
B) In the event of a default by a Network User or by WCCLS, WCCLS or the Network User,
respectively, shall:
1. Advise the party in writing of the alleged default and any action required to cure the
default;
2. Set forth a time by which the default must be cured, a minimum of thirty(30) days.
C) In the event a Network User shall fails to cure after having been notified of the alleged
default WCCLS may, following written notice to the Network User:
1. Prohibit Network User from the use of the system;
2. Take any action to cure or stop the default;
3. Recover any costs, expenses or disbursements incurred by WCCLS to cure the default;
4. Terminate this Agreement as regards the defaulting Network User.
D) Notwithstanding subparagraph B, in the event of an emergency involving,but not limited to,
system damage or the breach of security or confidentiality of the database, WCCLS may lock
out the Network User from the system without notice.
13. TERMINATION
A) The County shall have the right to terminate this Agreement in its entirety or as to any
individual Network User upon sixty (60) days written notice, if it determines, in good faith,
through an open,public process,that:
1. The public interest would be served by such termination;
2. Adequate funds are not available.
B) Each Network User shall have the right to terminate this Agreement upon sixty (60) days
written notice, if the Network User determines, in good faith, that the public interest in its
jurisdiction or area of service would be served by such termination.
C) County and each Network User shall have the right to terminate this Agreement for a default
by the other party that has not been cured.
D) Upon termination of this Agreement as to any individual Network User, this Agreement shall
continue to be effective as to the remaining parties.
E) Except for termination under subparagraph A, on termination, the Network User shall be
responsible for payment of any costs, expenses, or disbursements incurred by WCCLS to
remove or otherwise mask Network User's data from the system.
14. INSURANCE
A) All parties to this Agreement shall maintain comprehensive general liability insurance or
adequate reserves in a program of self-insurance covering personal injury and property
damage for the Network Users,their employees and agents. The insurance coverage shall be
WCCLS Information Network Agreement 5/24/2011-page 7
for a minimum of the amounts specified in ORS 30.271. For Network Users who are not
units of local government, certification of insurance shall be provided to WCCLS and all
such insurance coverage shall name Washington County, its officers, employees and agents
as additional insureds.
B) WCCLS shall maintain insurance adequate to cover the replacement of the central site
equipment including but not limited to central hardware,telecommunications equipment and
uninterruptible power supply. The insurance coverage shall be for a minimum of$600,000.
C) Network Users shall maintain insurance adequate to cover the replacement of the
telecommunications equipment owned by WCCLS and housed at Network User's site.
15. COMPLIANCE WITH APPLICABLE LAWS
Each party agrees to comply with all local, state, and federal ordinances, statutes, laws and
regulations that are applicable to the services provided under this Agreement.
A) Equal Opportunity Network User hereby agrees that its employees (including applicants for
employment) shall not be discriminated against race, color,religion, gender, sexual
orientation,national origin, disability, age, or marital status except in case of bona fide
occupational qualifications as defined and provided by applicable federal or state law.No
person shall be denied or subjected to discrimination in receipt of the benefits of any services
or activities made possible by or resulting from this contract on the grounds of race, color,
religion, gender, sexual orientation, national origin, disability, age, or marital status. Any
violation of this provision shall be grounds for cancellation,termination or suspension in
whole or in part by County.
B) Public Contracting Statutes ORS 279B.220 through 279B.235 and 279C.500 through
279C.870,as applicable,are incorporated herein by reference. The Contractor agrees to:
1. Make payment promptly,as due,to all persons supplying,to Contractor, labor or
material for the performance of the work provided for in this contract;
2. Pay all contributions or amounts due the Industrial Accident Fund incurred in the
performance of the contract:
3. Not permit any lien or claim to be filed or prosecuted against the County on account of
any labor or material furnished pursuant to this contract; and
4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
16. INDEMNIFICATION
Each party agrees to hold harmless, defend, and indemnify each other, including its officers,
agents, and employees, against all claims, demands, actions and suits (including all attorney fees
and costs) arising from the indemnitor's performance of this Agreement where the loss or claim
is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit
of local government, such indemnification shall be subject to the limitations of liability for public
WCCLS Information Network Agreement 5/24/2011-page 8
bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon
Constitution.
17. DEBT LIMITATION
This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article
XI, Section 10 of the Oregon Constitution, and is contingent upon appropriation of funds
therefor.
18. INDEPENDENT CONTRACTOR
Each party is an independent contractor with respect to each other party and has no control over
the work performed by the other. No party is an agent or employer of another party. No party or
its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits
provided by any other party.
19. NOTICE
Each party shall give the other immediate written notice of any action or suit filed or any claim
made against that party that may result in litigation in any way related to this Agreement.
20. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an original, all
of which shall constitute but one and the same instrument.
21. CAPTIONS
Captions and headings used in this Agreement are for convenience only and shall not be
construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto.
22. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any
reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Agreement unless the result of the holding is a failure of
consideration of any party.
23. AMENDMENT
This Agreement may only be amended in writing signed by all of the parties.
WCCLS Information Network Agreement 5/24/2011-page 9
FOR NE USER: FOR WASHINGTON COUNTY:
dz Z-Z � �rA4,-
Signatur Signature
Asst.County Administrator
Title Title
Date Date
APPROVED AS TO FORM:
County Couf&l
WCCLS Information Network Agreement 5/24/2011-page 10