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HomeMy WebLinkAboutAgenda Packet - LB - 2018.10.16CITY O p ipQRATED , City of Burlingame Meeting Agenda - Final Library Board of Trustees BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Tuesday, October 16, 2018 5:30 PM Library Conference Room 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Library Board of Trustee Minutes for September 25, 2018 Attachments: Meeting Minutes 4. FROM THE FLOOR (PUBLIC COMMENTS) Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Library Board of Trustee agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the Library Board of Trustees from acting on any matter that is not on the agenda. 5. CORRESPONDENCE AND INFORMATION a. September Statistics Attachments: Statistics 6. REPORTS a. City Librarian's Report (Cynthia Rider) Attachments: Report b. Foundation Report 7. MONTHLY TOPIC a. Adult Services - Cynthia Rider 8. UNFINISHED BUSINESS a. Speaker's Series Event October 6, 2018 City of Burlingame Page 1 Printed on 1011212018 Library Board of Trustees Meeting Agenda - Final October 16, 2018 b. Edelweiss Analytics C. Final Contract Agreement Between the City of Burlingame and BMI Imaging Services, Inc. for the Advance Star Attachments: Professional Service Agreement 9. NEW BUSINESS a. Staff Gift Cards for Library Cafe b. Rav's Work on Emplovee Pav Comparisons with Other Libraries C. Gavin Jones / Duvateen Sound Invoice Attachments: Invoice 10. ANNOUNCEMENTS 11. ACTION ITEMS 12. ADJOURNMENT Any writings or documents provided to a majority of the Library Board of Trustees regarding any item on this agenda will be made available for public inspection at the Reference Desk of the Burlingame Public Library, 480 Primrose Road, Burlingame, California. City of Burlingame Page 2 Printed on 1011212018 Burlingame Library Board of Trustees Minutes September 25, 2018 Roll Call Trustees Present: Kerbey Altmann, Andy Blanco, Randi Murray, Mike Nagler Trustee Absent: Lisa Rosenthal Staff Present: Brad McCulley, City Librarian Sidney Poland, Administration Assistant, Recorder II. Library Board of Trustees Minutes The Trustees unanimously approved the minutes from the August 21, 2018 Board Meeting (Murray/ Nagler) III. From the Floor (Public Comments) There were not any representatives from the public who attended the Trustee meeting. IV. Statistics The Trustees reviewed the August statistics noting that circulation was steady. The Trustees requested that an additional graph be created that showed a comparison of stats for the past two years. The index point would be the 1St month of 2 years ago. V. Reports A. City Librarian's Report Personnel Update • Amy Pelman, who was employed as a full time Librarian a few years ago, has been hired as a part time on -call Librarian in the Children's and Adult Services' Departments. • Recruitments are open for Library Aides in the Circulation Department and on -call Librarians for Children's and Adult Services. B. Passport Intake Update The State Department conducted an inspection of our Passport services. Staff was well prepared and the inspection went well. The State Department will send a report advising us on how to improve our services. C. Foundation Foundation members held another very successful Book and Author Luncheon at the Peninsula Golf and Country Club on September 8th. Donations from the Fund a Need totaled close to $8,000. These donations will be used to fund the Homework Session program which Kim Day, Teen Librarian, will oversee. D. Silicon Valley Community Foundation The Trustees reviewed and compared the financial statements from the Silicon Valley Foundation for the period of January 1, 2017 through June 30, 2017 and January 1, 2018 through June 30, 2018. VI. Monthly Report - Ray DeLara • The marketing committee began two years ago and is comprised of 1 representative from each PLS Library. The idea to form a committee was initiated because there are specific services that all PLS libraries provide to their patrons. • Currently the committee is working on a campaign that targets commuters to promote the app "Libby" which provides patrons with an alternative to "Overdrive" in searching for books, videos etc. they would like to use. • Posters advertising Libby have been placed on 315 buses as well as a digital billboard. • An idea for social media "Ambassador Program" is being discussed which will encourage patrons to post their personal comments regarding how they feel about library programs and services on their own social media site. VII. Unfinished Business A. Speaker's Series Trustee Murray reported that the upcoming event to be held on Saturday, October 6th featuring Patricia Arquette, Academy Award Winning Actor and Activist, and Congresswoman Jackie Speier is almost sold out. B. Strategic Plan Update Managers continue to work on their specific goals/projects that they want to achieve in their specific departments. C. Update on Digitization of the Advance Star Brad will contact the Deputy City Attorney to obtain the current status of the contract. D. Items Funded by Board of Trustees in 2018 • The Trustees reviewed the expenditures from the Trustee account as requested by the Trustees at the August meeting. • Trustee Nagler suggested that a banner identifying the staff terrace be placed above the doors. Brad will ask our staff artist Maryam to create the banner. E. Acoustic Panels for Teen Room Arrow Consulting Inc. will send a representative to conduct a site visit of the teen room and surrounding area to determine if Arrow Consulting, Inc. would consider being the project manager for the installation of the acoustical panels in the teen room. VIII. New Business A. Program Policy The Trustees reviewed the Burlingame Public Library Program Policy. Trustee Murray requested that paragraph IV that begins with "Presenters are not allowed to require sign-ups ...... " be changed to clarify that presenters may have volunteer sign-up sheets for attendees. B. Edelweiss Analytics Subscription Agreement • Edelweiss Analytics is a web -based interactive collection tool through "Above the Treeline" • Features of Edelweiss include allowing libraries to manage collections, maximize materials, compare your collection to other libraries, note how your collection is faring and even inform your library of books that should be in your collection. • Subscriptions are paid in advance to Ingram Library Service Inc. Fee is based on Subscriber's annual materials budget. • Ingram Services provides training as well as written instructions. • None of the PLS Libraries are currently using the program. Therefore, libraries outside of PLS will have to be contacted to obtain reviews of the program. • The Trustees wanted to have the opportunity to read some reviews. Megan Wong is working on obtaining this information. • Trustee Nagler requested that this item be placed on the October agenda. C. Trustee Meeting Dates The Trustees agreed to Brad's request that their meeting dates not be re -scheduled unless absolutely necessary. An example of changing the meeting date would be lack of a quorum. D. PLS Materials Recovery Model • The County is planning to initiate a "no fine" policy on all library materials in November of 2018. • Some PLS libraries feel that libraries should not depend on fines. Unfortunately, there are some PLS libraries in which fines are a significant part of their budget • Brad noted that the Burlingame Library will most likely agree to the "no -fine" policy as it is confusing to patrons to have two different fine polices in the same county. IX. Adjournment The Meeting was adjourned at 7:OOpm. M/S/C (Altmann/Nagler) The next meeting of the Library Board of Trustees will be held on October 16, 2018 in the Upper Level Meeting Room. Respectfully Submitted Brad McCulley City Librarian City of Burlingame 12.000 11.800 11.600 11.400 11.200 1.000 1 :11 BPL Circulation and Study Room Usage —Main Circ —Easton Circ E-media Circ —Study Room Usage —Tech Lab Usage E-media 4,555 Study Rooms 392 Tech Lab 382 Sep Sep Sep Sep Sep Sep 2013 2014 2015 2016 2017 2018 Main 46,393 Easton 6,153 City Librarian Report to Board of Trustees (Cynthia Rider representing City Librarian Brad McCulley) October 16, 2018 NOAMI Personnel Updates: Comings and Goings o Congrats Olma O'Neil, newly hired by Circulation as Library Assistant. o Farewell to Library Aide Daniel Coretana newly hired by San Mateo Library as their new Teen Room Monitor Recruitments o Circulation has a Library Assistant recruitment open as well as a recruitment for Library Aides. o Adult Services and Children Services continue to host a combined recruitment available on Calopps.org General Updates: o Strategic Plan 2017 — update for November meeting o Passport Intake update — N/A o Policy — update for November meeting o Training — • Staff attended the yearly the PLP Future of Libraries at SFPL main Oct 3rd with topics such as: o "Libraries = Education," keynote speaker theme o What is the library's role and what's effective in working with the unhoused? o Are we really neutral? Do libraries highlight or stay away from social justice and political movements, or concerns of vulnerable populations (e.g. undocumented citizens)? o Do we need to get away from tech in early literacy education? o Are VR and AR really the future for libraries? o Significant Programs — • Ray Delara attended Pet Parade 2018 • "Matiz Flamenco" Hispanic Heritage Month Sept 26 was very well attended and very much appreciated by patrons • Kathy VonMayrhausen and staff are halfway through the 9th annual Kindergarten Library Card Drive which roughly runs August to November • Oct 13th was Dia de los Muertos Celebration for a new addition of multi -cultural programming. • Oct Speaker Series: Jackie Speier and Patricia Arquette in Conversation was quite the success. Sold out house and everyone in attendance gave glowing reviews. Some library patrons were upset that the library closed early and, most likely, that the library the next two days following for Indigenous Peoples Day (Columbus Day.) Two things to consider for the future: how to incorporate outcome based measurement and standardizing archival video or sound recordings o Facilities update: • Easton Air-conditioning project: Johnson has asked the same organization that performed the City's facilities assessment to assess this project and give suggestions and quote o Foundation report: • N/A AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND BMI IMAGING SERVICES, INC. THIS AGREEMENT is by and between BMI Imaging Services, Inc. ("Contractor") and the City of Burlingame, a public body of the State of California ("City"). Contractor and City agree: 1. Services. City desires to obtain the services of Contractor to image documents provided to Contractor by Burlingame Public Library staff. Contractor shall provide the services set forth in Exhibit A, Schedule of Work, attached hereto and incorporated herein. 2. Compensation. Contractor agrees to perform all of the Scope of Services herein required of Contractor for an amount not to exceed $87,907, including all materials and other reimbursable amounts. ("Maximum Compensation"). Contractor shall submit invoices on a monthly basis. All bills submitted by Contractor shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Contractor's signature. 3. Term. This Agreement commences on full execution hereof and terminates on January 1, 2020, unless otherwise extended or terminated pursuant to the provisions hereof. Contractor agrees to diligently prosecute the services to be provided under this Agreement to completion and in'accordanee with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Contractor's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of Contractor. Neither this Agreement nor any interest herein may be assigned or subcontracted by Contractor without the prior written approval of City. It is expressly understood and agreed by both parties that Contractor is an independent contractor and not an employee of the City. 5. Insurance. Contractor, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated. herein by reference. Contractor shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance and original endorsements to City. Except in the case of professional design/errors and omissions insurance, the City shall be named as a primary insured. 6. Indemnification. Contractor shall indemnify, defend, and hold City, . its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Contractor, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to Contractor. In the event of such termination, Contractor shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon Contractor's delivery to City of any or all materials described herein. In the event the Contractor ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, Contractor shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. Contractor shall be paid for the reasonable value of the authorized Services performed up to the time of Contractor's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, , reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall. be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, Contractor shall execute appropriate documents to assign to the City ownership rights to work created pursuant to this Agreement, with no ownership rights restrictions by the Contractor and conditional on City having ownership or related rights to materials being scam -led. Contractor shall return all City property in Contractor's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, Contractor shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. Contractor warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of Contractor, its employees, agents, or subcontractors by -2- law, Contractor warrants that such license has been obtained, is valid and in good standing, and Contractor shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. Contractor warrants and covenants that Contractor presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. in the event that any conflict of interest should nevertheless hereinafter arise, Contractor shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Contractor further warrants its compliance with the Political Reform Act (Government Code § 81000 et-seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein, This Agreement may be amended only by a written document, executed by both Contractor and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall takeprecedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt -3- requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. -4- IN WITNESS WHEREOF, Contractor and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 By: Lisa Goldman City Manager Date: Attest: ea han Ha sel- earer Cit Cleric Date: � / Ar 4, 1 C'- el as to form: City Attorney Date: ho Attachments: CONTRACTOR Name 13MI Imaging, Inc. Address 1115 E. Arclues Avenue Sunnwale, CA 94085-3904 By. Name William D. 1 ey Title CEO Date: u&lilyY Irr Federal Employer ID Number: License Number: Expiration Date: Exhibit A Schedule of Work Exhibit B City Insurance Provisions Exhibit C. BMI Hosting Services Terms and Conditions Exhibit D BMI Hosting Services End User License Agreement -5- EXHIBIT A - SCHEDULE OF WORK Microfilm Scannine: Approximately 115 rolls of film a. Microfilm will be scanned in grayscale and bi-tonal at 300 dpi. b. Each image will be processed through OCR servers. OCR results will vary, as some images may not be suitable for OCR. BMI, at its sole determination, will decide if images or groups of images are not suitable for text search and may elect to stop processes on those images for text search purposes. c. The Customer hereby allows the use of a sub -contractor to "frame images scanned from microfilm. d. Customer agrees that the declared value of newspaper and microfilm, in the event of total loss or damage by, BMI, is no greater than $200,000. Microfilm Indexing: a. Each newspaper roll of film will be indexed by issue date and grouped under the title of the newspaper that is indicated on the roll label. BMI is not responsible for mislabeled boxes but will make corrections at an additional cost, if requested. Example: Title (from the microfilm box label => Year => Month => Issue) b. Once the Milestone has been approved, changes to the. indexing structure may require additional fees. c. Newspaper rolls that contain multiple titles within a single roll of microfilm will incur an additional fee of $75/title. For example, 1 roll has three different titles within the microfilm; each title would be $75, resulting in a total cost of $225 for that roll d. The Customer hereby allows the use of a sub -contractor for all indexing purposes. Newsprint Scanning: Approximately 142,550 pages of bound newsprint. a. The term "page" refers to one side of a page, A double -sided page is two pages. b. The height of each book is not to exceed 23.5 inches and the width is not to exceed 17 inches per page or 34 inches when opened. If page heights and widths exceed these measurements, the cost per page will be 2x the proposed cost in the Schedule of Fees. c. Each page will be scanned at 300 dpi, color or grayscale as determined by the scan operator. d. Volumes will be scanned under glass. Customer understands that in some cases, volumes may be glued too close to each other to a point where content runs into the gutter and cannot be captured in its entirety without disbinding. e. Disbinding, if necessary and requested, is $60/volume for guillotine separation. f. Each image will be processed through OCR servers. OCR results will vary, as some images may not be suitable for OCR. BMI, at its sole determination, will decide if images or groups of images are not suitable for text search and may elect to stop processes on those images for text search purposes. -6- Newsprint Indexing: a. The title of each publication and the date of the issue will be indexed. Issues will be organized in folder format; Title -)Year-) Month-> Date b. Once the project has begun, changes to the indexing structure may require additional fees. c. Contractor assumes no responsibility for mislabeled or misspelled titles or dates. These indices may be adjudicated at the Customer's request at the rate of $75/hour. Microfilm Creation and Digitizing: Approximately 56,000 pages a. Pages will be filmed 2-up to 35mm microfilm. b. Master negative will be supplied to the Customer. c. BMI will create target sheets as needed. Digital Reef. - Hosted Application: a. Converted content will be loaded to the Digital Reel- application. b. Access to digitized images via Digital Reel- will be available via most internet connected devices. Access to digital content will be limited to one user per roll/volume at one time; however, the remaining collection of digital content will continue to be available. c. BMI will create two separate datasets: a public dataset for all non -copyrighted content and a "In -House" dataset for the entire collection of material. The "In -House dataset will be restricted to the Customer's IP address, unless the Customer provides a letter from the Publisher expressing explicit consent to digitize and distribute the copyrighted content through the Customer's website. d. Digital Reel- portal may be customized to reflect the Customer's website upon request (additional charges will be applied). Project Timeline. Milestone 1: Estimated 2-3 weeks from the date material arrives at BMI Sunnyvale facility. Project Completion: Estimated 5-6 months from the date of Milestone 1 approval and from when . all of the material has arrived at BMI's Sunnyvale, CA facility. The timeline associated with this project is an estimate and is largely dependent on the quality of the material and the information BMI acquires during Milestone 1. Difficulties and unforeseen circumstances may arise and extend the project timeline. Schedule of Fees: Item Estimated Volume Unit Price Total Price. Conversion from Microfilm and OCR 115 rolls $60/roll $6,goo Conversion from Hard Copy' 142,550 pages $0.32/page $45,616 Microfilm Creation and Digital Output2 56,000 pages $0.45/page $25,200 Issue Date Indexing --- --- Included Hosted Services3 1 year --- Included -7- Project Management/Set Up Fee 1 $2,000. 1 . $2,000 Pick -Up and Delivery 2 events $100/event L $200 Project Total 1 $79,916 Page size up to 23.5x17. Price includes under glass scanning. Oversized pages, torn/heavily damaged and fragile pages, under glass scanning can be performed at $0.45/page. If the gutter in the volumes is too close, Customer may request the volumes be disbound to capture the entirety of each page. Disbinding is $50/volume. 'BMI will microfilm first, then scan the newly created microfilm to create digital images. 'Hosting is included until June 30, 2019. The Customer may renew hosting annually for $1,500/year. Back Up Ward Drive with PDF per Issue Date with OCR (If requested) $5,000 During the course of the project, BMI may be required to provide, or the. Customer may request, additional services beyond the Scope of Work as outlined in this document. If additional services are required or requested, BMI will inform the Customer of such services and any associated fees prior to proceeding. -8- EXHIBIT B INSURANCE REQUIREMENTS Before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the City, the insurance specified herein. Insurance Requirements. Coverage shall be at least as broad as follows, and the City is to be endorsed as additional insured as described below up to the maximum limit of coverage if it is greater than the minimums specified here. ❑ Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage: $1,000,000 ❑ Commercial General Liability Insurance: $1,000,000 (Minimum), $2,000,000 Aggregate ❑ Automobile Liability Insurance -including owned, non -owned and hired vehicles: $1,000,000 per occurrence ❑ Where applicable, professional Errors and Omissions coverage: $1,000,000 2. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor shall be provided as .required by the California Labor Code. Commercial General and Automobile Liability. Contractor, at Contractor's own cost and expense, shall maintain Commercial General and Business Automobile Liability insurance for the period covered by this Agreement in an amount not less than the amount set forth in this Exhibit B, combined single limit Coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of hired, owned and non -owned automobiles. Coverage shall be at least as broad as the latest edition of the Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto). No endorsement shall be attached limiting the coverage. a. A policy endorsement must be delivered to City demonstrating that City, its officers, employees, agents, and volunteers are to be covered as insured as respects each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis. a An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage. d. Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. c. Insurance is to be placed with California -admitted insurers with current, unrestricted licenses and no negative financial ratings. -9- 4. Deductibles and Self -Insured Retentions. Contractor shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Any self -insured retention or deductible is subject to approval of City, During the period covered by this Agreement, upon express written authorization of City Attorney,. Contractor may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The City Attorney may condition approval of an increase in deductible or self -insured retention levels upon a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. Notice of Reduction in Coverage. In the event that any coverage required under the Agreement is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage. G, Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any stuns due under the Agreement; b, Order Contractor to stop work under this Agreement or withhold any payment which becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Contractor's failure to maintain insurance or secure appropriate endorsements. 10 EXHIBIT C BMI HOSTING SERVICES TERMS AND CONDITIONS This addendum ("Addendum") sets forth the additional terms and conditions upon which BMI shall provide BMI Hosting Services to Customer. Paid hosting will begin upon Customer approval of Milestone 1, that sampling prepared by BMI and approved by Customer. 1. Definitions. All definitions set forth in the Agreement for Professional Services shall apply to this Addendum. 2. Storage and Access to Imaged Product. BMI shall provide a minimum hardware storage configuration of RAID 5 on which the Imaged Product will be stored. BMI will provide access to this hardware configuration in both of its two (2) hosting locations, with one configuration available at any one time at least 99% of Standard Business Hours. Standard Business Hours are defined as M-F: 5:00 AM to 5:00 PM (Pacific). 3. Access Services. BMI shall allow access to the Imaged Product to End Users via Internet connections from one or more of BMI data repositories. End Users will be determined by Customer, who will provide BMI with updated status information regarding those End Users. Adding or removing End Users will be at the discretion of Customer or his/her representative. That representative, when wishing to add or remove End Users from authorized status, will request that BMI support personnel remove or add any End User. Customer may also wish to be provided with software tools to allow for administration level, direct Customer controlled addition or deletion of End Users. Customer acknowledges that he/she assumes ,responsibility for adding, deleting or maintaining End Users, whether directly administering the End Users through its representative or through BMI technical support. 4. Security, The Internet by its very nature is inherently an unsecure medium. The Customer is responsible for validating the integrity of the information and data it receives and transmits over the Internet. The Customer is required to protect the security of its Internet account and usage. The Customer's passwords will be treated as private and confidential and not disclosed to or shared with any third parties. Customer agrees to protect their data and images from unauthorized use, complying with protocols for sensitive, confidential and personal information. 5. Communications Lines, BMI utilizes communication services of telecom third parties. Customer acknowledges that BMI does not have ultimate control of communications lines used to access the Imaged Product; and therefore, BMI cannot ultimately guarantee the security of transmissions to and from BMI to Customer. BMI routinely utilizes TLS (Transport Layer Security) protocol for transmission of the Imaged Product to clients and can provide other enhanced data communication and security provisions upon request, such as single IP access or VPN. Unless otherwise noted, communication between BMI and Customer will utilize TLS technologies. Unless otherwise contracted, Customer should not expect bandwidth greater than 1.5Mb/s during Standard Business Hours. Cusiomer.should not assume access will be available after Standard Business Hours (all times Pacific). 6. Maintenance. a. Standard Maintenance or System Upgrades. BMI shall perform preventive maintenance of its servers and other facilities in accordance with its normal maintenance schedules and procedures, as modified from time to time during the term of this Agreement. Customer acknowledges that 11 Access Services may not be operable during periods of preventive maintenance. BMI will make reasonable efforts to inform Customer prior to any scheduled maintenance, b. Unscheduled Maintenance. Customer acknowledges that BMI may have to perform maintenance on an emergency basis and that Access Services may not be operable at these times. BMI shall provide Customer with notice as soon as possible in such situations and will make every reasonable effort to make Access Services available to Customer as possible. T. Customer Support. Customer may contact BMI either by telephone, email, and/or other means agreed to by BMI and Customer, for limited operational and technical support pertaining to BMI Services, Monday through Friday between the hours of 8:00 a.m, and 5:00 p.m. (Pacific), excluding.BMI holidays. For purposes of this section, BMI holidays are all federally observed holidays, including but not limited to, New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday following Thanksgiving, Christmas Day, and the day before and/or after Christmas Day if occurring on a regular week day, BMI will provide Customer with a toll -free telephone number for support. 12 EXHIBIT D BMI END USER LICENSE AGREEMENT NOTICE Materials made accessible by this Software may be protected by U.S Copyright I.,aw. The person rnalcing a copy is liable fir• any infringement not excused by haw. TERMS OF USE These Terms of Use govern the terms and conditions ("Agreement") by which the Digital Ree1TM software ("Software") and its contents may be accessed and used by you ("you" or "End User"). Please read them carefully. By accessing and using the Software, you represent that (i) you have been duly authorized to access and use this Software by the provider of the Software (the "Software Provider") and (ii) you accept and agree to be bound and abide by this Agreement. 1. License Subject to the terms and conditions of this Agreement, you are granted a limited, personal right to access and use the Software as intended by the Software Provider for lawful internal business, education and/or research purposes only and for no other purpose. No right, title or ownership interest in and to the Software or to any trademark, service mark, trade name or domain name is granted under this Agreement. All rights not herein expressly granted to you are hereby expressly reserved to its owner, BMI Imaging Systems, Inc. ("BMI"), its licensees and other property owners, if any. 2. Restrictions (a). Except to the extent authorized by the Software Provider, you agree to keep secret and not disclose any personal name and password required by the Software Provider to access and use the Software and to not share access and use of the Software with anyone else. In the event you know or suspect that a personal user name and password has been disclosed to an unauthorized person, you agree to immediately notify the Software Provider. (b), Except to the extent permitted by law, you may not directly or indirectly (i) transmit, redistribute, Encumber, sell, rent, lease, lend, barter, sublease, sublicense or otherwise transfer this Software or the right to access and use this Software to any third party without the express written consent of BMI; (ii) Use the Software in connection with any service bureau without the express written consent of BMI); (iii) remove or obscure any copyright, trademark and other proprietary rights notices, legends, symbols or labels; (iv) alter, modify, decompile, disassemble, create any derivative works of the Software, including customization, translation or localization, or reverse engineer or. otherwise attempt to derive the source code for the Software; (v) use the DIGITAL REEL Software or its contents for any unlawful purpose. 3. Copyright This Software is protected under U.S. copyright laws and international treaties, trade secret, trademark and other 13 applicable laws. All rights in and to the Software are expressly reserved to BMI. Any unauthorized copying, distribution, transmission; public display of this Software or preparation of derivative works of this Software is strictly prohibited. NOTICE: CONTENT MADE ACCESSIBLE BY THIS SOFTWARE MAY BE PROTECTED BY U.S COPYRIGHT LAW. THE PERSON MAKING A COPY IS LIABLE FOR ANY INFRINGEMENT NOT EXCUSED BY LAW. 4. Ownership BMI and its licensors (as applicable) are and shall remain the sole owner of all rights, title and interest in and to the Software, all derivatives thereof and all intellectual property rights related or pertaining to the aforesaid, including without limitation, all copyrights and inventions (whether patentable nor not), even if You should provide data, suggestions, ideas, concepts, inventions, works of authorship, improvements or other intellectual property as a result of the use of the Software by You. S. Disclaimer of Warranties EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE DIGITAL REEL SOFTWARE, DATA AND INFORMATION ACCESSIBLE THROUGH THE USE OF THE SOFTWARE AND SYSTEM ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. BMI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT AND ACCURACY OF DATA OR INFORMATION. BMI DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS FREE OF ALL DEFECTS OR THAT THE SOFTWARE OR ITS CONTENTS WILL BE ACCESSIBLE AT ALL TIMES. USE OF THE SOFTWARE AND ITS CONTENT, DATA, INFORMATION AND DOCUMENTATION IS AT THE END USER'S SOLE RISK. 6. Limitation of Liability EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL BMI, ITS LICENSEES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE AND/OR ITS CONTENTS, BE LIABLE TO END USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA OR PROPERTY) ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR THE USE, RELIANCE ON OR TRANSFER OF ANY PROPERTY, SOFTWARE, INFORMATION OR DATA PROVIDED OR MADE ACCESSIBLE BY THE SOFTWARE, EVEN IF BMI OR ANY OTHERS HAVE BEEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 14 Gavin Jones/Duvateen Sound Audio Production Services 4985 Gaddy Lane Kelseyville, CA 95451 TO: BIRLINGAME LIBRARY ATTN: BRAD MCCULLEY INVOICE INVOICE #467 DATE: OCTOBER 8, 2018 FOR:SOUND REINFORCEMENT SERVICES, PATRICIA ARQUETTE EVENT DESCRIPTION HOURS RATE AMOUNT Sound System: 2 mains, 2 side fills, AH ZED 14 mixer NA Flat $400.00 Microphone Rental: Audio Technica Lavalier mic x2, Sure PG58 HH x2 NA Flat $200.00 +recievers Al Audio Engineer NA Day Rate $500.00 A2 Audio Engineer NA Day Rate $300.00 Basic lighting package: 4 general wash with stands NA Flat i $300.00 TOTAL $1,700.00 'Please make check payable to "Gavin Jones" Thank you for your business!