Agenda 12/14/2021 Item #16D 6 (Hoopla streaming Services from Midwest Tape, LLC)16.D.6
12/14/2021
EXECUTIVE SUMMARY
Recommendation to authorize an exemption from the competitive process for a subscription to
Hoopla streaming service from Midwest Tape, LLC for Library patron use in an amount not to
exceed $200,000 per Fiscal Year, as budgeted within General Fund (001), Library Donation -Project
Fund (612) and Library Grants Fund (709), through FY 2024.
OBJECTIVE: To subscribe to Hoopla streaming service from Midwest Tape, LLC (Midwest Tape) for
library patron use.
CONSIDERATIONS: Subscription to the Hoopla streaming platform providing patron access to
audiobooks, eBooks, comics, movies, TV series, and music was first approved through Exemption from
Competitive Process for up to $50,000 on October 9, 2017. Subsequently, the Board of County
Commissioners (Board) approved the authorization of expenditures up to $100,000 on February 26, 2019
(Item #16D5) to provide increased access to titles within the Hoopla collection. Public demand for
electronic library resources has steadily increased since 2017 and was further elevated in response to the
COVID-19 Pandemic. Since 2017, the Library Division has recorded a one -hundred percent (100%)
increase in public demand for electronic library resources.
MidWest Tape is the sole provider of electronic materials for its Hoopla electronic resource product.
Hoopla is the leading provider of streaming access of audiobooks, eBooks, comics, movies, TV shows,
and music for public libraries. Acquisition of titles through Hoopla allows the Collier County Public
Library (CCPL) to provide patrons with the greatest access to high -demand, current streaming content.
While there are other streaming vendors on the market serving public libraries, Hoopla provides the
largest selection of titles supporting a wider variety of mediums. Hoopla is the only vendor that offers an
extensive Manga, graphic novel, and comic book collection. The Library anticipates purchasing streaming
content from Hoopla, a proprietary software offered through MidWest Tape through fiscal year 2024 if
funds have been budgeted.
Procurement Ordinance No. 2017-08, Section 8, provides that subscriptions, books, electronic
information, and similar material in printed or electronic format may be eligible for exemption from the
competitive process based upon the determination of the County Manager or his designee, the
Procurement Services Director, upon a determination that approval of such an exemption is in the best
interest of the County. The Ordinance further requires that purchases exceeding $50,000 in annual
expenditures be approved by the Board. The required exemption form approved by the Procurement
Services is attached, along with staff s business case in support of approving the exemption.
FISCAL IMPACT: The cost for FY22 will not exceed $200,000, which is budgeted in Library General
Fund (001), Library Donation -Project Fund (612), and Library Grants Fund (709). Cost and funding
sources for future years will be dependent on subsequent budget year approvals.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize an exemption from the competitive process under Procurement
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12/14/2021
16.D.6
Ordinance No. 2017-08, Section 8, to subscribe to the Hoopla streaming service from Midwest Tape,
LLC for library patron use in an amount not to exceed $200,000 per Fiscal Year, as budgeted with Board
approval, through FY 2024.
Prepared By: Tanya Williams, Library Director, Library Division
ATTACHMENT(S)
1. FY22 Exemption Request 037 - Midwest Tape (PDF)
2. Hoopla Business Case for Exemption from Competitive Process (DOCX)
3. Collier County - Grant Certifications and Assurance - Midwest Tape (PDF)
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16.D.6
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.6
Doe ID: 20445
Item Summary: Recommendation to authorize an exemption from the competitive process for a
subscription to Hoopla streaming service from Midwest Tape, LLC for Library patron use in an amount
not to exceed $200,000 per Fiscal Year, as budgeted within General Fund (001), Library Donation -Project
Fund (612) and Library Grants Fund (709), through FY 2024.
Meeting Date: 12/14/2021
Prepared by:
Title: Administrative Assistant — Library
Name: Karen Tibbetts
10/21/2021 9:03 AM
Submitted by:
Title: Division Director - Library — Library
Name: Tanya Williams
10/21/2021 9:03 AM
Approved By:
Review:
Procurement Services
Vanessa Miguel
Level 1 Purchasing Gatekeeper
Procurement Services
Sara Schneeberger Additional Reviewer
Library
Tanya Williams
Additional Reviewer
Procurement Services
Catherine Bigelow
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Additional Reviewer
Procurement Services
Sandra Herrera
Additional Reviewer
Public Services Department
Todd Henry
Public Services Department
Grants
Erica Robinson
Level 2 Grants Review
Public Services Department
Dan Rodriguez
PSD Department Head
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow
Level 3 County Attorney's Office Review
Growth Management Operations Support
Christopher Johnson
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
10/21/2021 9:56 AM
Completed
10/22/2021 8:46 AM
Completed
10/25/2021 7:51 AM
Completed
10/25/2021 8:06 AM
Completed
10/27/2021 10:11 AM
Completed
11/02/2021 9:44 AM
Completed
11/05/2021 7:22 AM
Completed
11/09/2021 11:52 AM
Completed
11/16/2021 9:40 AM
Completed
11/16/2021 9:44 AM
Completed
11/16/2021 10:17 AM
Additional Reviewer Completed
Completed
11/22/2021 5:25 PM
Completed
12/02/2021 3:29 PM
12/14/2021 9:00 AM
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16.D.6.a
Collrev County
Exemptions from the Competitive Process
Instructions
The following procurement categories may be eligible for exemption from the competitive process based upon the determination
of the County manager or Designee that approval of such an exemption is in the best interest of the County.
Purchases greater than $50,000 will require final approval by the Board of County Commissioners.
Requester Name: Yahaira Magee -Kim Spina
Vendor Name: Midwest Tape
Division: Library - Tanya Williams
Item / service: Hoopla / Software -Streaming Subscription
Budget Year: FY2022 - FY2024
Not to Exceed Amount: $200 000.00
Fiscal Year
One time purchase: ❑
Multiple purchases:
Requested
q 10/01/2021-09/30/2024
Is there an agreement
associated with this Yes ❑ No ❑�
date range:
Exemption?
❑ 1. Government Agency/Non-
❑2. Registrations/dues/
❑✓ 3. Subscriptions/periodicals/
❑ 4. Advertisements
Profit
training
printed materials
❑5. Utility services — subject
❑ 6. Education/academic
❑ 7. Legal services
❑ 8. Purchases required by
to government control
programs/trainers, speakers
grants/gifts
❑9.Compatibility/proprietary
❑ 10. Shop estimates on
011. Personnel/recruitment
❑ 12. Works of art for public
with current systems
disassembled equipment
services
display
❑ 13. Direct purchases
❑14. Financial instruments
❑15. Entertainment services
❑ 16. Management studies as
for County sponsored events
directed by County Manager
717. Resolution/BCC direction (Indicate resolution number and approval date):
Description of Purchase: Enter a description of the item(s) items that will be purchased under this exemption.
Annual subscription to the Midwest Tape proprietary Hoopla streaming platform for the
procurement of audiovisual titles (movies, television series, comics/Manga, music, and
audio -books) in streaming format as identified by library patrons.
Purpose: Describe in detail, the purpose of the requested iteni
Midwest Tape is a comprehensive audio-visual materials supplier. Midwest Tape provides
streaming services for six different formats through their proprietary platform, Hoopla. Hoopla
provides streaming access to movies, music, eBooks, television series, comics/Manga and
audio -books for children, young adult, and adult library users.
Re uester:
q Tanya Williams
Si nature: Digitally signed byWilliamsTanya
g WilliamsTanya Date 2021.09.13171834-04'00'
Date:09.13.2021
Division Director: Kim Grant
Signature: Grant Kimberley Digitally d4 8563l 04'00'
Date: 20signedb Gnan32-04'00'
Date:
Procurement Strategist:
g Sara Schneeberger
c
Signature: Digitallysignedby
g SchneebergerSara Date 2 21.09&ara
Date: 2021.09.17 10:50:57
Date:
-04'00'
Procurement Director: Catherine Bigelow
Digitally signed by
Signature: gigelowCatherine BI9eowDat Brine
Date:
Or designee
Date: 2021.09.20 07:47:37-04'00'
For Procurement Use Only:
❑One
time approval
❑One
year approval
Multi -Year Approval:
Start 10/01/2021 End 09/30/2024
Revised 06/17/2021
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COLLIER COUNTY GOVERNMENT
PUBLIC SERVICES DEPARTMENT, LIBRARY DIVISION
BUSINESS CASE FOR:
Recommendation to approve an exemption from the Competitive Process as set forth in the
Procurement Ordinance for a subscription to Hoopla streaming service from Midwest Tape for
Library patron use in the amount not to exceed $200,000 per Fiscal Year, as budgeted, through FY
2024.
Amazon, Hulu, and Netflix are streaming content providers; however, neither of these vendors
sell subscriptions to their services directly to public libraries. Kanopy is another vendor offering
streaming content to public libraries, but their content is limited to mainly documentaries and
foreign films.
Hoopla is a digital service available exclusively to libraries offering access to audiobooks,
eBooks, comics, movies, TV show and music through streaming. Titles can either be streamed
or downloaded. Hoopla provides Collier County's library patrons with 24/7 instant and
simultaneous access to over 1,400,000+ titles from which to choose from — with just a simple
click. This "digital lending service" provided by Hoopla helps libraries remain relevant and
competitive in a technology -driven culture dominated by digitized services that offer information
and entertainment 24/7.
Hoopla is a "patron driven acquisitions" model which means patrons chose the title they would
like to "borrow" and the library pays for the title at the time of electronic check-out. This means
every purchase is a circulated purchase, driven by patron demand. The Library controls costs by
monthly budgeting and setting a patron burrowing limit.
Nationally, Hoopla is a widely -recognized digital brand with over 106,000,000 registered users,
8,600 individual public library locations, and 2,900+ public library system partners. This reach
allows Hoopla to be instantly recognizable to most of our current and potential new Collier
County residents and visitors.
Hoopla's ease of service, popularity, and pricing allows Collier County Library to offer an array
of titles accessible in six formats to be delivered effortlessly to our patrons — wherever they may
be. Collier County Library continues to see consistent growth and demand with this service,
rendering it a critical asset in the current collection.
Library subscriptions and electronic content are exempt from the competitive process due to the
limited available of competitive sources. Hoopla provides Collier County Public Library patrons
with instantaneous, simultaneous, simplified downloadable and streaming technologies.
Tanya Williams, Division Director, Library Division, 07.06.21
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16.D.6.c
EXHIBIT 1.02 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees to
include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the
subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
recipient shall document in the quarterly report the subcontractor's progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as
to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor/Contractor Name Midwest Tape, LLC
Authorized Signatu
Address 1417 Timberwolf Drive, Holland, Ohio 43528
Solicitation/Contract # Hoopla Requisition 10271899
Date 11-22-2021
GCA - 2
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16.D.6.c
EXHIBIT 1.02 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
status will be verified. urrreriiable statuses'HiI[ require the PREME to either provvde a reoised statement or provide source documentation that validates a
status.
A. PRIME VENDOR/CONTRACTOR INFC►R(4gATION
PRIME NAME ?F.]r..E FE.DHUNIBEP CONTR::CTDOLLAP. AMOUNT
Midwest Tape, LLC 37-1499686 $200,000.00
IS THE PRk►AE A FLORIDA-CERTIFIED DISADVANTAGED. VETERAN y IS THE ACTIVITY OF THIS CONTRACT. -
MINORITY OR WOMEN BUSINESS ENTERPRLSE? DBE? Y N CONSTRUCTION ? Y N
(DBE I.18EIVlBE) OR HAVE A SMALL DISADVANTAGED O
BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y IJ CONSULTATION? Y N
ADMINISTRATION? A SER47CE DISABLED VETERAN? WBE? Y Fl OTHER? Q N
SOB SA? Y N
iS 71H`5 SUBMISS'ON A REVISION? 'i tJ J.F YES, REL--SION NUMBER
B, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO 1S A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE M/VVBE SUBCONTRACTOR OR SUPPLIER TYPE OF .VORK OR ETHNICITYCODE SUB/SUPPLIER PERCE .T OF CONTRACT
VETERAN NAME SPECIALTY (see Below) DOLLAR ALMOUNT DOLLARS
No subcontractors will be
used by Midwest Tape. LLC
TOTALS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF 5UBMrTTER DATE TITLE OF SUBMITTER
Sue Bascuk 11-22-2021 Vice President
EMAIL ADDRESS OF PRIME ISUBMnTER) TELEPHONE NUMBER FAX NUMBER
sbascuk@midwestiapes.com 800-875-2785 800-444-6545
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or
MBE amount Is Voluntare and'.. ill not become part of the contractual terms. This form must be submitted at time Of re$P0ASe to a
solicitation, If and vs hen awarded a County contract, the prime will be asked to update the information for the grant compliance files.
ETHNICITY
CODE
Black American
BA
Hispanic American
HA
Nathre American
MA
subccnt.Asian American
SAA
Asian-POClflc American
APA
Non-Mincritr Women
NIAW
Other: not of any other group listed
o
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPA.k7 SENTrl..JAE COLLIER CONTRACTyIIFB/RFParPo.,R°Q'� GRA,NTPP.OGPA?,I.CONTP1CT
ACCEPTED BY:
DATE
GCA - 3
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16.D.6.c
EXHIBIT I.02 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Sue Bascuk
Name
Vice President
Title
Midwest Tape, LLC
Firm
Hoopla Digital Service
Project Name
Hoopla Resolution 10271899
Project Number
37-1499686
Tax ID Number
607331498
DUNS Number
1417 Timberwolf Drive, Holland, Ohio 43528
Street Address, City, S ate, Zip
i
Signature
GCA - 4
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16.D.6.c
EXHIBIT 1.02 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The Contractor, Midwest Tape, LLC certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this
certification a2d disclosure, if any, ,
Signature of Contractor's Authorized Official
Sue Bascuk, Vice President Name of Authorized Official and Title
11-22-2021 Date
GCA - 6
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16. D.6.c
EXHIBIT 1.02 GRANT CERTIFICATIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
Hoopla Requisition 10271899
Collier County Solicitation No.
Sue Bascuk, Vice President , hereby certify that to the best of my knowledge, neither
nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer,
director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have
an arrangement concerning prospective employment has a financial interest in this matter.
further certify to the best of my knowledge that this matter will not affect the financial interests of any member
of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have
a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no
organization with which I am seeking a business relationship nor which i now serve actively or have served
within the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described
above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any
person or organization that does become involved in, or is affected at a later date by, the conduct of this matter.
Sue Bascuk
Name gndtur`_
Vice President 11-22-2021
Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634,
Subpart I require the reporting of this information. The primary use of the information on this form is for review
by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws
and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or
local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of
law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a
party or in order to comply with a judge -issued subpoena; (3) to a source when necessary to obtain information
relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records
Administration or the General Services Administration in records management inspections; (5) to the Office of
Management and Budget during legislative coordination on private relief legislation; and (6) in response to a
request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the
information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting
person unless authorized by law. See also the OGEIGOVT-2 executive branch -wide Privacy Act system of
records.
GCA-7
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