The contract is for the provision of library services, specifically the Aspen Discovery System, by ByWater Solutions LLC to the Hernando County Public Library System. The contract includes provisions for the installation, implementation, and maintenance of the system, as well as training and support for library staff. The contract also includes a service level agreement that outlines the expected uptime and performance of the system. The key features of the contract include:
• Installation and implementation of the Aspen Discovery System
• Customization and configuration of the public interface to meet the library's style guidelines
• Integration with existing API connections for third-party systems
• Data extraction and testing of the initial installation
• Critical support available 24/7
• Software updates and enhancements
• Maintenance of the library's branded LiDA app for Aspen Discovery
• Hosting of the library's data in a remote cloud
• Security measures to protect the library's data, including backups, firewalls, and encryption
• Training and support for library staff
The contract also includes provisions for the renewal of the contract, with the option to renew for additional two-year terms. The contract also includes a termination clause, which outlines the circumstances under which the contract can be terminated.
• The contract can be terminated by either party with 60 days' written notice
• The contract can be terminated if the other party fails to perform its obligations
• The contract can be terminated if the library decides to discontinue the use of the Aspen Discovery System
The contract also includes a disclaimer of warranties, which states that ByWater Solutions LLC disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
The contract also includes a limitation of liability, which states that ByWater Solutions LLC's liability for damages is limited to the amount paid by the library for the services.
The contract also includes a governing law clause, which states that the contract will be governed by and construed in accordance with the laws of the state of Florida.
The contract also includes a notice clause, which states that any notice or communication required or permitted under the contract must be in writing and delivered to the other party's address.
The contract also includes an assignment clause, which states that the contract cannot be assigned or transferred without the prior written consent of the other party.
The contract also includes a binding effect clause, which states that the contract will be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns.