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Agenda 02/13/2018 Item #16D1702/13/2018 EXECUTIVE SUMMARY Recommendation to approve an exemption from the Competitive Process as outlined in the Procurement Ordinance for the purchase of electronic resource materials (eBooks) from CloudLibrary and OverDrive for Library patron use in the amount of $160,000. OBJECTIVE: To purchase eBooks for Library patron use. CONSIDERATIONS: Bibliotheca, LLC is the sole provider of electronic materials for its CloudLibrary electronic resource product. OverDrive is the sole provider of electronic materials fo r its electronic resource product. CloudLibrary and OverDrive are the leading providers of eBooks for public libraries. Acquisition of titles from these vendors allows the Collier County Public Library (CCPL) to provide patrons with the greatest access to high demand, current eBooks. While there are other eBook vendors on the market, CloudLibrary and OverDrive combined to provide the largest selection of titles supporting all eReading devices on the market. OverDrive is the only vendor to offer downloads in the Kindle format. CloudLibrary is the only vendor to allow individual libraries to share titles across a consortium increasing title availability to our patrons with a cost saving to the County. The Library anticipates purchasing eBooks from CloudLibrary, a proprietary software offered through Bibliotheca, LLC and OverDrive, a proprietary software, through fiscal year 2020 as long as funds are 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 designee, Procurement Services Director, that approval of such an exemption is in t he best interest of the County. The Ordinance further requires that purchases in this category exceeding $50,000 in annual expenditures be approved by the Board of County Commissioners (Board). The required exemption forms approved by the Procurement Services Director are attached. FISCAL IMPACT: The cost for FY18 will be approximately $160,000, which is budgeted in Library General Fund (001) and Library Trust Fund (612). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Item. 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 approve an exemption from the Competitive Process as outlined in the Procurement Ordinance for the purchase of eBooks for Library patron use. Prepared By: Tanya Williams, Library Director, Library Division ATTACHMENT(S) 1. Exemption 130 - Overdrive (PDF) 2. Exemption 131 - Bibliotheca (PDF) 3. Business Case for Exemption from Competitive Process (DOCX) 16.D.17 Packet Pg. 1070 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.17 Doc ID: 4467 Item Summary: Recommendation to approve an exemption from the Competitive Process as outlined in the Procurement Ordinance for the purchase of electroni c resource materials (eBooks) from CloudLibrary and OverDrive for Library patron use in the amount of $160,000. Meeting Date: 02/13/2018 Prepared by: Title: Administrative Assistant – Library Name: Karen Tibbetts 01/23/2018 8:19 AM Submitted by: Title: Assistant Division Director - Library – Library Name: Tanya Williams 01/23/2018 8:19 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/23/2018 8:42 AM Library Tanya Williams Additional Reviewer Completed 01/23/2018 9:38 AM Procurement Services Ted Coyman Additional Reviewer Completed 01/24/2018 11:30 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 01/24/2018 3:21 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/25/2018 2:11 PM Procurement Services Catherine Bigelow Additional Reviewer Completed 01/29/2018 12:31 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/29/2018 1:15 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/30/2018 8:03 PM Grants Edmond Kushi Level 2 Grants Review Completed 01/31/2018 12:02 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2018 1:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2018 7:53 AM Budget and Management Office Ed Finn Additional Reviewer Completed 02/02/2018 2:25 PM Grants Therese Stanley Additional Reviewer Completed 02/06/2018 11:29 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/07/2018 2:44 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 16.D.17 Packet Pg. 1071 oilColfier County Administrative Services Department Procurement Services Division 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 Division: Library Budget Year: FY20 18 Vendor Name: Overdrive item /service: Audio Books -Subscription Anticipated Cost per Fiscal Year: $60,000.00 One time purchase: D Multiple Purchases: H Requested Date Range: 10/01/2017-09/30/2018 f I 1 . Government Agency/Non- Profit I I 5. Utility services - subject to government control I I 9. Compatibility/proprietary with current systems I I 13. Direct purchases [_] 2. Registrations/dues/ training |~~l 6. Education/academic programs/trainers, speakers I I 10. Shop estimates on disassembled equipment EH 14. Financial instruments [•] 3. Subscriptions/periodicals/ printed materials [ I 7. Legal services O 1 1 . Personnel/recruitment services |_J 15. Entertainment services for County sponsored events I I 4. Advertisements I I 8. Purchases required by grants/gifts I I 2. Works of art for public display I I 16. Management studies as directed by County Manager 17. Resolution/BCC direction (Indicate resolution number and approval date): Description of Purchase: Enter a description of the item(s) items that will be purchased under this exemption. Downloadable kindle ebooks. Purpose: Describe in detail, the purpose of the requested item(s). Overdrive is the only library vendor that can supply ebooks for Kindles (a proprietary ereading device from Amazon) and they provide the platform through which users may borrow materials. They also provide other ebook formats and downloadable audiobooks also proprietary to their platform. Requested by: Yahaira Division Director: Tgnyg Procurement Sfratogtct: £ Procurement Director: r^ Magee Williams ^r p^U^ w f. COM** 7* Signature: Magee Yahaira Sr^^osS^w Signature: WilliamsTanya SLt^^SZS Signature: {J^C^ 'j$u%LlSUJ signatur^C^/ For Procurement Use Only: d One time approval dOne year approval [UMulti-Year Approval: ^(]s^/s Pate: 12/1 9/1 7 Date: 12/1 9/201 7 Datey/i^p Q*Kj^Afrg /^/ Start End 16.D.17.a Packet Pg. 1072 Attachment: Exemption 130 - Overdrive (4467 : Approve exemption from Competitive Process to purchase Library e-resources in amount oilColfier Country Administrative Services Department Procurement Services Divrsion 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 Division: Library Budget Year: FY20 18 One time purchase: d vendor Name: Bibliotheca-cloudLibrary item/ service: eBooks & eAudJo-Subscription Anticipated Cost per Fiscal Year: $1 00,000.00 Multiple Purchases: M Requested Date Range: 10/01/2017-09/30/2018 I | 1 . Government Agency/Non- Profit I I 5. Utility services - subject to government control [ I 9. Compatibility/proprietary with current systems I I 13. Direct purchases | | 2. Registrations/dues/ training | | 6. Education/academic programs/trainers, speakers J 10. Shop estimates on disassembled equipment LJ14. Financial instruments [•I 3. Subscriptions/periodicals/ printed materials | | 7. Legal services ] 11. Personnel/recruitment services I 1 15. Entertainment services for County sponsored events I I 4. Advertisements I I 8. Purchases required by grants/gifts d 2. Works of art for public display I I 16. Management studies as directed by County Manager I I 17. 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 exempt/on. Downloadable e-books and e-audio books for adults, children and young adults. Purpose: Describe in detail, the purpose of the requested item(s). Bibliotheca's CloudLibrary is a proprietary platform and the only vendor with the cloudLink feature, allowing individual libraries to share content across a consortium. Collier County Public Library now shares resources among other Southwest Florida Libraries. Only content purchased from Bibliotheca cloudLibrary™ will have full functionality in the cloudLibrary™ platform. Including, • Curated Featured Collection Development Lists to assist staff quickly, and easily create a high performing collection. • cloudLibrary™ Apps for PC and Mac. The only vendor developed way to quickly and easily transfer eBooks to an elnk device like a Nook or Kobo. Requested by: Yahaira Magee Digitally signed by MageeYahaira Date:2017.12.1909:32:18-05'00 Date: 12/1 9/1 7 Division Director:Tanya Williams - WIIMamcTa m/a Digitally signed by WilliamsTanya. VVIIIIalllo laliya Date:2oi7.i2.i9io:28:i8-05'oo'Date: 12/19/2017 Procurement Straiggist:Signature:Date: Procurement Director:f-Signature: For Procurement Use Only: CD One time approval d One year approval s d Multi-Year Approval:Start End 16.D.17.b Packet Pg. 1073 Attachment: Exemption 131 - Bibliotheca (4467 : Approve exemption from Competitive Process to purchase Library e-resources in amount COLLIER COUNTY GOVERNMENT PUBLIC SERVICES DEPARTMENT, LIBRARY DIVISION Page 1 of 1 BUSINESS CASE FOR: Recommendation to approve an exemption from the Competitive Process as set forth in the Procurement Ordinance for the purchase of electronic resource materials (eBooks) from cloudLibrary and OverDrive for Library patron use in the amount of $160,000. Amazon and Barnes & Noble provide eBooks, however, neither sell directly to libraries. Project Gutenberg provides free access to classic literature that is now in the public domain. There are no vendors who provide direct access to all eBook titles. Plus with the various eReader devices and formats, some eReader manufacturers have entered into proprietary agreements with eBook vendors. Libraries need a cloud-based platform to store access to the titles acquired. OverDrive was the first such platform developed to provide public libraries with eBook access. OverDrive now is the only vendor to provide access to the Kindle eReader format. OverDrive is the industry leader in providing library patrons access to eBooks. Thousands of libraries across the nation have OverDrive as their sole eBook provider. CloudLibrary is new on the scene. It is a product developed by Bibliotheca (our security gate & self check-out vendor) as a competitor to OverDrive. The Library seriously considered dropping OverDrive for cloudLibrary last year because the functionality and cost of cloudLibrary was better than OverDrive. However, due to a large number of library patrons using Kindles, we would have lost their patronage by dropping OverDrive. We have now balanced our ordering between the two vendors. The Library now purchases eBook titles from OverDrive that are only available in the Kindle format. All other eBook titles are being purchased through cloudLibrary at a cost savings from prior years when we only had OverDrive. Library books are exempt from the competitive process for the reason that not all publishers are available through all third party book distributors, and it would be a logistical nightmare for the Library to contract with each publishing house, not to mention costly. In order for the Library to get the best price possible for our book purchases, we buy in large volume through book vendors such as Baker & Taylor, MidWest, and Ingram. If the Library only worked with one vendor, there would be hundreds of authors we would be denying our patrons access. eBooks are also exempt from the competitive process for the exact same reason—not all titles and formats are held by one vendor. Tanya Williams, Division Director, Library Division, 02.07.18 16.D.17.c Packet Pg. 1074 Attachment: Business Case for Exemption from Competitive Process (4467 : Approve exemption from Competitive Process to purchase Library