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HomeMy WebLinkAbout2011-308 Library - OverDrive for E-iNC Library ConsortiumSchedule "C" Library Participation Form - E-iNC Library Consortium ~°'~`~~. ~~ In consideration of participation in the E-iNC Library Consortium, lending digital materials, Participating Library agrees to abide by the terms and conditions of the Agreement. 2. Participating Libraries shall pay OverDrive an Annual Participation Fee for joining and ongoing services provided to Consortium. The Participation Fee shall include any and all services relating to use of the Application Services including the Digital Library Reserve (DLR) System License, configuration and customization of website services, third party software licenses, hosting, bandwidth, and maintenance of the application services and staff training. The Fee shall be based upon Participating Library's Legal Service Area Population as reported by the then current information available at the Institute of Museum and Library Services (http://harvester.census.gov/imis/search/index.asp?&LibraryName). Annual Fee for 2011 - 2014* Please check one: Tier 1 Legal Service Area Population up to 5,000 $1,500 per year Tier 2 Legal Service Area Population of 5,001 - 35,000 $3,000 per year Tier 3 Legal Service Area Population of 35,001 - 70,000 $6,000 per year Tier 4 Legal Service Area Population of 70,001 - 100,000 $9,000 per year *The initial term is three (3) years. After the initial term of three (3) years the Annual Fee is subject to change. The Annual Fee shall be due and payable within thirty (30) days of receipt of invoice. North Carolina Public Libraries with Legal Service Area Populations under 100,000 shall be eligible to join Consortium, on a quarterly basis. Any current OverDrive customer (standalone system) shall not be eligible to join Consortium. Notwithstanding the foregoing, OverDrive shall have sole discretion to approve any and all new libraries that seek to join Consortium. 4. The annual Participation Fee collected during each year shall be allocated as follows: one-third (1/3) towards configuration, system fees, and maintenance, and two-thirds (2/3) toward selection of Content for the shared collection. At any time during the term of this Agreement, Consortium and/or Participating Libraries may select additional Content subject to standard terms and pricing. Consortium and/or Participating Libraries shall make payments to OverDrive for Content selections within 30 days of receipt of invoice. 4. In addition to the Annual Participation Fee, Participating Library shall pay to OverDrive a one-time Integration Fee of One Thousand Five Hundred Dollars ($1,500.00). Participating Library shall make payment to OverDrive within thirty (30) days of presentation of invoice. DLR is for remote use only (outside of the Participating Library). Without the use of OverDrive Download Station software, Patrons and all other users of DLR cannot download Digital Content to any Participating Library computers or devices. Participating Library shall have the option to purchase an OverDrive Download Station Software license for each of its public workstations at all of its branch locations. 6. Participating Library shall include a direct hyperlink and/or logo linked to the DLR service from Participating Library's home page and other appropriate sub-pages. Such link or logo shall be featured no less prominently than other electronic resources or services including but not limited to NetLibrary, Recorded Books, and Ingram. 7. Participating Library acknowledges it may incur additional license fees or costs related to MARC records, SIP or similar protocol for patron authentication. All such fees shall be at Participating Library's own expense, and are not included in the Participation Fee. 8. Participating Library acknowledges that if Participating Library withdraws from Consortium prior to the expiration of Agreement with OverDrive, all content, products, and services that have been purchased with the Participating Library's monetary and in-kind contributions to Consortium shall remain with Consortium. 9. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. Digital Library Reserve Application Services Agreement - E-iNC Library Consortium ©2011 OverDrive, Inc./ Updated 9/13/2011 10. Indemnity. The Parties agrees to indemnify and each other hold harmless from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Agreement and arising from any negligence or misconduct caused in whole or in part by the negligence or misconduct of the other Party except to the extent same are caused by the negligence or willful misconduct. It is the intent of this provision to require the Parties indemnify each other to the fullest extent permitted under North Carolina law. 11. Governing Law. The laws of the State of North Carolina shall govern all aspects of this Agreement. In the event that it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in North Carolina. The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement, which may be brought by either of the parties. (signature page follows) Digital Library Reserve Application Services Agreement - E-iNC Library Consortium ©2011 OverDrive, Inc./ Updated 9/13/2011 Accepted and agreed this day of 2011 by: OranEe County Library ("Participating Library") By (signature): Name (Print): _ Title: Co tv n Please fill out the following with the appropriate contacts: Billing Contact(s) Name(s), email address, and billing address of contacts to receive billing: Name: Name: Email: Email: Address: Address: ILS Change Contact(s) Names(s) and email address of contacts allosved to request ILS changes for your library: Name: Name: Email: Email: Collection Contact(s) Name(s) and email address of contacts who will work on collection management: Name: Name: Email: Email: Promotional Materials Contact(s) Name(s) and email address of contacts to work with our Partner Services Team on promotion: Name: Name: Email: Email: Digital Library Reserve Application Services Agreement - E-iNC Library Consortium ©2011 OverDrive, Inc./ Updated 9/13/2011 For Orange County Use Only Approved as to technical content: Director Approved as to form and legal sufficiency: 5`' Anne e M. Moore, S Attorney "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Clarence G. Grier, Financial Services Director Date Digital Library Reserve Application Services Agreement - E-iNC Library Consortium ©2011 OverDrive, Inc./ Updated 9/13/2011