TexShare Databases Program Genealogy & Local History

January 3, 2019

TexShare Databases Program

Genealogy & Local History Electronic Resources

Request for Offer #

306-19-0039

Texas State Library and Archives Commission RFO # 306-19-0039 TexShare Databases Program Genealogy & Local History Electronic Resources

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Contents Section 1. Project Introduction ........................................................................................................................................................ 5

1.1 Project Background Information ....................................................................................................................................... 5 1.2 TexShare Databases Program ............................................................................................................................................. 5 1.3 TexQuest Program ................................................................................................................................................................... 6 1.4 TexSelect and School Select Programs ............................................................................................................................. 8 1.5 Strategic Goals ........................................................................................................................................................................... 8 1.6 Performance Measures .......................................................................................................................................................... 8

Section 2. Project Specifications and Requirements ............................................................................................................. 10 2.1 Resource Content Areas, Formats, and Languages .................................................................................................... 10 2.2 TexShare Program Technical Specifications and Requirements ......................................................................... 11

Consortium and Library- Level Accounts ..................................................................................................................... 11 Technical Infrastructure ................................................................................................................................................ 11 Availability.................................................................................................................................................................... 11 Authentication ............................................................................................................................................................... 11 Library Usage Data ....................................................................................................................................................... 12 Access ........................................................................................................................................................................... 12 System Requirements .................................................................................................................................................... 12 Accessibility .................................................................................................................................................................. 13 Content .......................................................................................................................................................................... 13 Customer and Technical Support .................................................................................................................................. 13 Quick Functionality and Uses Checklist ....................................................................................................................... 14

2.3 Training and Outreach ......................................................................................................................................................... 14 2.4 Training Forms ....................................................................................................................................................................... 14

2.4.1 Participation Form ................................................................................................................................................ 15 2.4.2 Evaluation Form ................................................................................................................................................... 15

2.5 Security and Privacy.............................................................................................................................................................. 16 2.5.1 Data Classification ............................................................................................................................................... 16

2.6 Historically Underutilized Business Subcontracting Plan Progress Assessment Report (HSP PAR) ..... 17 2.7 Core Resources Required Reports ................................................................................................................................... 17

2.7.1 Reporting Schedule .............................................................................................................................................. 17 2.8 Mandatory Statewide Online Trial................................................................................................................................... 18 2.9 Resource Cost Offer ............................................................................................................................................................... 19 2.10 Additional Features and Services .................................................................................................................................. 19 2.11 Corrective Action Plan and Cure Notice ...................................................................................................................... 19 2.12 Representations of Vendor .............................................................................................................................................. 19

Section 3. Response Submission ................................................................................................................................................... 21 3.1 Schedule of Events ................................................................................................................................................................. 21 3.2 Request for Response Opening ......................................................................................................................................... 21 3.3 Response Requirements ...................................................................................................................................................... 21 3.4 Amendments to Solicitation ............................................................................................................................................... 22 3.5 Questions ................................................................................................................................................................................... 23

3.5.1 Communication Restrictions ................................................................................................................................ 23 3.6 Texas Public Information Act ............................................................................................................................................ 23 3.7 Format of RFO Submittal Requirements Checklist .................................................................................................... 24 3.8 Submission................................................................................................................................................................................ 24 3.9 Delivery of Responses .......................................................................................................................................................... 24 3.10 Response Opening ............................................................................................................................................................... 24 3.11 Response Evaluation .......................................................................................................................................................... 25

3.11.1 TexShare Program Team Evaluation ................................................................................................................. 25 3.11.2 External Evaluation ............................................................................................................................................ 26 3.11.3 TexSelect Evaluation.......................................................................................................................................... 26

3.12 Contract Award ..................................................................................................................................................................... 26


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3.13 Best Value Statement ......................................................................................................................................................... 26 3.14 Contract Term ....................................................................................................................................................................... 26 3.15 Historically Underutilized Business Subcontracting Plan (HSP) ....................................................................... 26 3.16 Vendor Performance Tracking ....................................................................................................................................... 27 3.17 TSLAC Terms and Conditions .......................................................................................................................................... 27 3.18 LSTA Terms and Conditions ............................................................................................................................................ 27

Section 4. Core Resource Response Requirements ................................................................................................................ 28 4.1 Instructions .............................................................................................................................................................................. 28 4.2 Minimum Resource Requirements Checklist............................................................................................................... 28 4.3 Resource Title List ................................................................................................................................................................. 28 4.4 Proof of Financial Stability ................................................................................................................................................. 29 4.5 Vendor References ................................................................................................................................................................. 29 4.6 Vendor Contacts ...................................................................................................................................................................... 29 4.7 Support ....................................................................................................................................................................................... 30 4.8 Voluntary Product Accessibility Template (VPAT) ................................................................................................... 30

Appendix A – Solicitation Coversheet ......................................................................................................................................... 32 Appendix B – RFO Submittal Requirements Checklist .......................................................................................................... 34 Appendix C – Confidential Information Form .......................................................................................................................... 35 Appendix D – Non-Disclosure Agreement ................................................................................................................................. 36 Appendix E – Conflict of Interest Disclosure Form ................................................................................................................. 37 Appendix F – TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements ................... 38 Appendix G – Terms and Conditions Issues .............................................................................................................................. 58 Appendix H – LTSA Terms & Conditions .................................................................................................................................... 59 Appendix I – Glossary ........................................................................................................................................................................ 62 Appendix J – TexQuest and TexShare Participating Institutions ...................................................................................... 67

Population Sources ....................................................................................................................................................................... 67 TexShare ........................................................................................................................................................................................... 67 TexQuest ........................................................................................................................................................................................... 79

Appendix K – TexShare Electronic Resources Collection Development Policy ........................................................... 95 Appendix L – Vendor Response Form ......................................................................................................................................... 97

Tab 4 – Cost Proposal ................................................................................................................................................................... 97 4.1 Price Quote .............................................................................................................................................................. 97 4.2 Additional Features and Services ............................................................................................................................ 97 4.3 Additional Cost Information ................................................................................................................................... 98

Tab 5 - Vendor Qualifications ................................................................................................................................................... 99 5.1 Evidence of Vendor Financial Stability .................................................................................................................. 99 5.2 Consortium References ........................................................................................................................................... 99 5.3 Vendor General Contacts ........................................................................................................................................ 99 5.4 Vendor Technical Support Contacts ...................................................................................................................... 101

Tab 6 - Resource Minimum Requirements Checklist .................................................................................................... 102 Tab 7 - Resource Content Coversheet ................................................................................................................................. 104

7.1 Programs ............................................................................................................................................................... 105 7.2 Core Resource Title List ....................................................................................................................................... 105 7.3 Content Removal Program .................................................................................................................................... 106 7.4 Authorized Users and Remote Access .................................................................................................................. 106 7.5 Authentication Options ......................................................................................................................................... 109 7.6 Implementation ..................................................................................................................................................... 109 7.7 Additional Resource Features and Services .......................................................................................................... 109

Tab 8 – Core Resource Interface ........................................................................................................................................... 111 8.1 Core Resource Interface Elements ........................................................................................................................ 111 8.2 Accessibility .......................................................................................................................................................... 115 8.3 Plug-ins ................................................................................................................................................................. 115 8.4 VPAT .................................................................................................................................................................... 115

Tab 9 –Resource Platform Elements ................................................................................................................................... 116 9.1 Software as a Service ............................................................................................................................................ 116


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9.2 Data Security ......................................................................................................................................................... 116 9.3 Support .................................................................................................................................................................. 118 9.4 Usage and Core Resource Performance Reports ................................................................................................... 119 9.5 COUNTER Compliance Form .............................................................................................................................. 121

Tab 10 –Resource Training and Promotion ..................................................................................................................... 122 10.1 Core Resource Training ...................................................................................................................................... 122 10.2 Licensing and Use ............................................................................................................................................... 123 10.3 Core Resource Promotion and Outreach ............................................................................................................. 123

Tab 12 – Vendor’s Proposed Terms and Conditions, including License Agreement ......................................... 125 Tab 14 – Strategic Plan Statement........................................................................................................................................ 125


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Section 1. Project Introduction The Texas State Library and Archives Commission (“TSLAC”) is requesting Offers from qualified Vendors of online electronic genealogy and family history resources for use by participants of the agency’s TexShare Databases Program (“Program”). To be considered for the Program, Offered Core Resources must provide a complete set of fully indexed US Census records with digitized images of the original records and may include additional schedules and records, ebooks, maps, and reference materials. Resources that do not contain US Census materials but do include other family history and genealogy material will not be considered for the TexShare Databases Program but may be considered for inclusion in TSLAC’s TexSelect discount program. Resources that pertain to African-American, Mexican-American, and Native American heritage are preferred. Resources that include Texas records and materials are strongly preferred. Multi-lingual interfaces are preferred, and additional content in other languages may be considered.

The Core Resources shall be provided to Authorized Users, as defined in Appendix I, of participating TexShare Consortium members, including public and private institutions of higher education, medical libraries, public libraries, and Texas state government agencies. A list of current Program participants with recent population numbers is provided in Appendix J. Fees for Core Resources included in the Program will be paid by TSLAC using a combination of state, federal, and local funds.

TSLAC may also consider Offers that provide Core Resources to both TexShare members and to TexQuest participating institutions. The TexQuest Program provides electronic resources for use by Texas public schools districts and open enrollment charter schools. A list of current TexQuest participants is also provided in Appendix J. TSLAC has identified convergence between the TexShare and TexQuest Programs as a valuable component of the two programs. Offers exclusively for the TexQuest Program will not be considered under this RFO.

1.1 Project Background Information As authorized in Texas Government Code §§ 441.222 through 441.223, TSLAC manages the TexShare Consortium as a resource-sharing consortium for libraries at institutions of higher education, accredited public libraries, and not-for-profit special libraries,including libraries of clinical medicine. TSLAC, through the TexShare Consortium, is authorized to:

• enhance quality teaching and research excellence at institutions of higher education through the efficient exchange of information and the sharing of library resources;

• maximize the effectiveness of library expenditures by enabling libraries to share staff expertise and to share library resources in print and in an electronic form, including books, journals, technical reports, and databases; and,

• facilitate joint purchasing agreements for purchasing information services and encourage cooperative research and development of information technologies

This Solicitation provides the specifications for procurement of access to shared electronic Core Resources (the “Project”) in support of the activities listed above.

A glossary of terms is provided in Appendix I of this Solicitation. Additional information about the TexShare Consortium is provided at https://www.tsl.texas.gov/texshare/.

1.2 TexShare Databases Program The TexShare Databases Program provides electronic resources to participating members of the TexShare Consortium, as detailed in Texas Government Code §§ 441.224 and 441.227. All Core Resources as indicated on our website are available to any member that chooses to participate in the program. The website is provided here: https://www.tsl.texas.gov/texshare/databasecontractlistfy2019.html. TSLAC does not anticipate major changes in the number of institutions participating in the TexShare Databases Program in the coming years. Should additional institutions of higher education, public libraries, or libraries of clinical medicine qualify for membership in the consortium, or should the types of members be changed in statute by the Texas Legislature, Vendors must allow those libraries to participate in the program at no additional cost.

The TexShare Electronic Resources Collection Development Policy is provided in Appendix K. Technical Specifications and Requirements for Vendors are provided in Section 2.2 of this solicitation. Any Vendor awarded a

https://www.tsl.texas.gov/texshare/

https://www.tsl.texas.gov/texshare/databasecontractlistfy2019.html


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contract to provide electronic services under this Solicitation will be required to affirm and agree to comply with these Technical Specifications and Requirements, including without limitation authentication procedures and protocols, as directed by TSLAC and as changed and updated during the term of an awarded Contract.

A. TexShare Participants. TexShare participating libraries include academic libraries, accredited public libraries, public/school combination libraries, state governmental agencies, and libraries of clinical medicine in Texas. The following Table 1.2a provides a summary count of current participants in the TexShare Databases Program as of September 1, 2018.

Table 1.2a

TexShare Databases Program Participants

TexShare Member Type Number User Population Community Colleges 64 393,146 4-Year Public Colleges and Universities 44 544,101 4-Year Private Colleges and Universities 36 109,698 Special Institutions of Higher Education 10 5,076 Academic Health Science Centers 12 78,085 Libraries of Clinical Medicine 3 71,001 Accredited Public Libraries 472 24,836,815 State Governmental Agencies 53

B. TexShare Database Core Resource Usage. Resource usage by TexShare Databases Program participants is collected by TSLAC monthly from Resource Vendors. Core Resource usage for State Fiscal Year 2018 (September 1, 2017 – August 31, 2018) is summarized below in Table 1.2b (for academic and medical libraries) and Table 1.2c (for public libraries and state government agencies). Usage includes on-site access and remote access for Authorized Users of participating libraries.

Table 1.2b

Core Resource (Genealogy) usage by academic and medical libraries

Sessions 6,153 Searches 106,602 Document Images 90,826

Table 1.2c

Core Resource (Genealogy) usage by public libraries and state governmental agencies

Sessions 50,050 Searches 895,857 Document Images 839,982

C. Partner institutions. TexShare 2- and 4-year academic members may enter into agreements with public

K12 schools or school districts and open enrollment charter schools for Early College High School and dual credit programs. Vendors must allow TexShare member libraries to provide on-site and Remote Access to TexShare Databases Program Core Resources for K12 students enrolled in such programs, their school staff and volunteers, students’ immediate families, and Texas Education Service Center staff at no additional cost to TSLAC or the individual libraries.

1.3 TexQuest Program TSLAC provides resources to Texas K12 public school districts and open enrollment charter schools under the TexQuest Program. Additional information about the TexQuest Program is available at: http://texquest.net/welcome. TexQuest use, both on-site and remote access, is limited to K12 students, school district staff and volunteers, and

http://texquest.net/welcome


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students’ immediate families, Texas Education Service Center staff, and Texas state government agency employees, staff, representatives, agents, and independent contractors or other temporary workers and assignees while performing duties within the scope of their employment or assignment.

When possible, TSLAC prefers to make resources available to the participating institutions of both the TexShare Database Program and the TexQuest Program in order to eliminate barriers to access of information useful to patrons of both programs. While not required as part of this Solicitation, Vendors may provide separate pricing information for a proposed combined TexShare/TexQuest population user profile as an option in their Response in addition to the pricing for TexShare Authorized Users. TSLAC may consider such an option provided that the Offer otherwise meets all minimum requirements as listed in Section 2, Project Specifications and Requirements, and all submission requirements as listed in Section 3, Response Submission, and Section 4, Core Resource Response Requirements, of this Solicitation.

A. Eligible Schools. The TexQuest Program is available to public school districts and open enrollment charter schools recognized by the Texas Education Agency. The following Table 1.3a provides a summary count of all Texas public school districts as of October 2018. The numbers of elementary, middle, and high schools are estimated based on the summary list. Some school districts combine grades across one or more levels. Public/school combination libraries are those that are accredited as a public library, established as a combination library, or receiving school district funding, based on 2017 data from the Texas Education Agency (TEA).

Table 1.3a Texas Public Schools by Type

Participant Type Number Enrollment Open Enrollment Charter Schools 178 276,108 Districts 1,034 5,105,018

Grade Level

Individual Campuses Elementary Schools (includes PK5, etc.) 4,610 2,272,491 Middle Schools (includes PK8, etc.) 2,083 1,401,396 High Schools (includes PK12, etc.) 2,771 1,684,548

For a complete list of current K12 public school districts and campuses, see http://tea4avholly.tea.state.tx.us/tea.askted.web/Forms/Home.aspx . Select "Reports and Directories" and then "Download School and District Data File."

B. TexQuest Participants. The following Table 1.3b provides a summary of the number and enrollment of Texas public school districts that participate in the TexQuest Program as of October 2018, using October 2018 TEA enrollment numbers. TSLAC is actively inviting additional districts to join TexQuest, so the following numbers are subject to change.

Table 1.3b TexQuest Participants and Enrollment

Participant Type Number Enrollment Open Enrollment Charter Schools 57 139,666 Districts 769 4,925,074

Grade Level

Individual Campuses 5,064,740 Elementary Schools (includes PK5, etc.) 4,350 2,195,292 Middle Schools (includes PK8, etc) 1,721 1,330,980

High Schools (includes PK12, etc) 2,309 1,538,468

http://tea4avholly.tea.state.tx.us/tea.askted.web/Forms/Home.aspx

http://tea4avholly.tea.state.tx.us/tea.askted.web/Forms/Home.aspx


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1.4 TexSelect and School Select Programs In addition to the TexQuest and TexShare Databases Programs, TSLAC offers programs intended to allow TexShare member and Affiliate member institutions and state government agencies (TexSelect) and TexQuest eligible institutions (School Select) to license selected additional resources at negotiated consortium pricing or negotiated discounts.

TSLAC reserves the right to consider any resource Offered in response to this Solicitation for the TexSelect and School Select Programs. Vendors are encouraged to include TexSelect and School Select negotiated consortium discounts or pricing in their Offers. Offered Resources that do not include a complete set of fully indexed US Census records with digitized images of the original records or that do not allow remote access will be considered only for TexSelect and School Select Programs.

1.5 Strategic Goals TSLAC prepares a Strategic Plan every biennium at the direction of the Texas Governor. The current Strategic Plan is available at https://www.tsl.texas.gov/sites/default/files/public/tslac/landing/documents/TSLAC-strategic-plan-2019-2023.pdf. This Solicitation is designed to serve the following Goals described in the Strategic Plan:

Goal 1. To articulate and advance the value of Texas libraries as essential to our communities and state.

Goal 6. To support efforts to ensure digital inclusion for Texas.

Goal 7. Continue to refine our response to the informational needs of the increasingly diverse Texas population.

Each Vendor submitting an Offer must acknowledge that they have read the current TSLAC strategic plan and, to the extent applicable, each Vendor should specify how their products and services further the goals and objectives of TSLAC’s Strategic Plan.

1.6 Performance Measures A. TSLAC is required to collect and report certain performance measures to Texas state government leadership on

a quarterly and annual basis. Performance measures are defined by the Texas Legislative Budget Board (LBB) and included in the TSLAC Strategic Plan, updated every biennium. Performance measure targets are set biennially in the agency budget, and performance under an awarded contract will become part of the future numbers reported for the agency. Definitions for these measures are as follows:

i. Number of Resources Provided to Persons through Shared Services. This measure reflects the number of resources provided to persons through the TexShare Program, the TexQuest Program, and other library resource sharing services. It measures instances of use of materials, services, and activities. See TSLAC Strategic Plan p. 29 for details. Awarded Vendors must report the number of resources provided on a monthly basis.

TSLAC strongly prefers to receive Vendor reports corresponding to COUNTER-defined metrics. The Project COUNTER metric of Total Item Investigations introduced in Release 5 of the COUNTER Code of Practice is the preferred metric. If the Total Item Investigations metric is not available for a given resource, Awarded Vendor may instead report the following COUNTER Release 4 metrics: Record Views, Result Clicks, Regular Searches. Vendor may propose one or more alternate metrics that measure instances of use in response to this Solicitation if neither of the above options is available. Such alternate metrics must include Vendor’s definition of the metric and the process for counting instances of use. For more information about COUNTER metrics, please visit https://www.projectcounter.org/.

ii. Number of Books and Other Library Materials Provided to Libraries. This measure represents the number of times full-text, multimedia, or interactive content items from Program resources are used. See TSLAC Strategic Plan p. 30 for details. Awarded Vendors must report the number of library materials provided on a monthly basis. The Project COUNTER metric of Total Item Requests introduced in Release 5 of the COUNTER Code of Practice is preferred. If the Total Item Requests metric is not available for a given resource, Vendor may instead report the following COUNTER Release 4 metric: Full Text Retrievals. Vendor may propose one or more alternate metrics that measure the number of times full-text, multimedia, or interactive content items

https://www.tsl.texas.gov/sites/default/files/public/tslac/landing/documents/TSLAC-strategic-plan-2019-2023.pdf

https://www.tsl.texas.gov/sites/default/files/public/tslac/landing/documents/TSLAC-strategic-plan-2019-2023.pdf

https://www.projectcounter.org/


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are used in response to this Solicitation if neither of the above options is available. Such alternate metrics must include Vendor’s definition of the metric and the process for counting instances of use.

iii. Dollar Value of Cost Avoidance Achieved by Shared Library Resources. This measure shows the cost savings realized through library resource sharing services. It demonstrates the economies of scale and expanded services made possible by statewide resource sharing programs. Refer to p. 27 of the TSLAC Strategic Plan for details.

Awarded Vendor must provide prevailing market price for each participating library and for each included resource on an annual basis.

B. Vendors must provide information in their Offers about the data they propose to provide for performance measure calculations in Appendix L, Tab 9.4, Usage and Core Resource Performance Reports, of their Response.

C. A schedule showing the deliverable dates for Awarded Vendor reports is provided in Section 2.7.1. All Vendor reports and all data and content therein are Work Products as defined in Paragraph 45 of the TSLAC Terms and Conditions in Appendix F for all purposes and shall become the exclusive property of TSLAC. Awarded Vendor must transfer all rights, title and interest in and to such Work Product, including without limitation all associated intellectual property rights, to TSLAC.


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Section 2. Project Specifications and Requirements

2.1 Resource Content Areas, Formats, and Languages A. To be considered for the TexShare Databases Program, Offered Core Resources must provide a

complete set of fully indexed US Census records with digitized images of the original records and may include additional schedules and records, ebooks, maps, and reference materials, including:

i. Fully indexed state, local, and international census records. Records with digitized copies of the original materials are preferred.

ii. Other fully indexed records such as immigration records; birth, baptism, death and burial records; city directories; and military service and pensions. Records with digitized copies of the original materials are preferred. Records related to African-American, Mexican-American, and Native American ancestry are preferred. Texas records are strongly preferred.

iii. Maps showing census districts, counties, land ownership, or other information of interest for family historians.

iv. Guides to genealogical research and ebooks related to city/county/state or family history.

B. Offered Core Resources that do not include fully indexed US Census records with digitized images of the original records but do include one or more of the above listed resource types may be considered for the TexSelect program at TSLAC’s sole discretion.

C. Offered Genealogy Electronic Resources must include content provided in one or more of the following formats:

i. Full-text. Full-text content refers to indexes and transcriptions as well as content from trade, professional, and scholarly (peer-reviewed) journals and monographs.

• XHTML or HTML, with DOCTYPE declaration and presentation stylesheet(s), is preferred.

• EPUB3 is required for downloadable monographs and preferred for downloadable articles.

• PDF (web optimized) for both downloadable monographs and articles is allowed must at a minimum include embedded ASCII or Unicode full-text equivalents. Full-text obtained through OCR must be validated and corrected.

ii. Downloadable multimedia, including images, charts, graphs, maps, and similar content with or without video or audio. TSLAC prefers multimedia that conforms to the Library of Congress’s Recommended Formats Statement at https://www.loc.gov/preservation/resources/rfs/TOC.html

D. All content must be accessible to all users including those with a wide range of disabilities, including blindness and low vision, deafness and hearing loss, limited motor control, and cognitive limitations such as learning disabilities.

E. Offered Core Resources must include content in either Spanish or English, or both; additional content in other languages may be considered. An English-language version of any Core Resource interface must be provided, but additional interface language options are preferred.

F. Both licensed and Open Access content or other Open Educational Resources may be considered but must meet all topical, format, and language requirements specified above.

G. Please refer to Appendix L, Tab 6, for more information on minimum requirements for Core Resources.

https://www.loc.gov/preservation/resources/rfs/TOC.html


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2.2 TexShare Program Technical Specifications and Requirements

A. Consortium and Library-Level Accounts TSLAC requires that access, usage data, and customer support be available at both the level of the consortium and at the level of the individual participating TexShare member institution, and that individual institutions have administrative access to Core Resource platform(s) for configuration of the Core Resource to meet the needs of their patrons. TSLAC prefers to have administrative access to a consortium level account to establish general configuration and branding. For those reasons, TSLAC requires Vendor to create accounts at both the consortium and individual TexShare member level. Upon award, TSLAC will provide Vendor with a complete list of member institutions including the unique identifier used by TSLAC, any IP addresses or address ranges associated with the institution, and the contact information for the institution.

Vendor may, at the request of participating TexShare member institutions, create additional accounts for branches, campuses, or other locations associated with the institution’s account. Such locations will be included in consortium-level reports.

B. Technical Infrastructure The TexShare Databases Program provides uniform access to online library content and services for Authorized Users across the state and visitors to TexShare Consortium member institutions. Any Core Resource provided by the TexShare Databases Program must be available to any and all users physically on site at a participating library, as well as remote access to Authorized Users at any other remote location. Resources that do not allow remote access may be considered for the TexSelect Program.

C. Availability The TexShare Databases Program requires that all Core Resources provide 24/7/365 access with greater than 98% uptime over a 12-month period.

D. Authentication Current authentication practices include the following:

i. IP (Internet Protocol) authentication based on a patron’s physical location within a library, or on-campus. The TexShare Program Team currently provides Vendors with regular, as-needed updates of IP ranges for each library. Vendors need not coordinate IP updates with each individual library location. The TexShare Project Team maintains IP tables representing all member facilities, when available, in order to ensure that Vendors have the most up-to-date information regarding onsite access points. Library IP changes are submitted to the TexShare Project Team, then a change report is sent to Vendors via email. Vendors are asked to implement the changes within twenty-four (24) hours of receipt of the email and confirm the change with TSLAC within forty-eight (48) hours. TSLAC requires that changes be made and confirmed within five standard business days.

ii. TSLAC maintains a gateway page available to each TexShare participating member institution. This page is currently available at http://www.libraryoftexas.org/texshare. Each participating TexShare member institution is assigned a single username and password that may be used to access the page. Libraries distribute their username/password to their patrons as they see fit; however, TSLAC requires that the member library not post the password on the open web, or in locations available to non-library users. Authenticated users will then be given access to a menu of TexShare Core Resources. Each resource includes an obfuscated URL including an embedded username and password, secure token, or location identifier that allows authenticated users to access each Core Resource without entering additional authentication information, with usage tracked to the institution that provided access. The authentication method(s) used for individual resources listed in the TexShare gateway may change over the term of any Awarded Contract, but Vendor must be able to provide access through the TexShare gateway.

iii. Use of the library’s local method of authentication. Approximately two-thirds of TexShare member institutions provide their own local authentication method, often in conjunction with IP authentication. For that reason, Core Resources that provide access through EZproxy, Open Athens, and single sign-on through integrated library systems and catalogs are strongly preferred. In order to support member institutions, the TexShare Program Team provides Vendor-provided location identifiers, URLs for

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individual e-resources, EZproxy stanzas, and links to Vendor-created FAQs and guides explaining how libraries may configure local authentication.

E. Library Usage Data & Reports i. The TexShare Program Team requires that Vendors provide usage reports by the 7th of every

month, for the previous month. The TexShare Program Team currently tracks four COUNTER 4 usage measures to meet our Performance Measures described in Section 1.6 above:

• Record Views

• Result Clicks

• Full Text Retrievals

• Regular Searches

ii. Reports in .CSV or .XLSX format, broken out by individual library profile and emailed once per month to [email protected], are preferred. These reports correspond to the COUNTER 4 Database Report 1 and Journal Report 1 in content, with consortium details as specified in the COUNTER 4 Consortium Report. Sample reports are available in Appendix L, Tab 9.4.2.

iv. The TexShare Program Team will work with Selected Vendor to select equivalent measures to include in the monthly reports in the event that COUNTER 4 reports are not available. Other usage data may be requested or used, depending on applicability to the Core Resource. When revisions to the COUNTER protocol are adopted, TexShare Program Team may consider changes to the required reports, but the TexShare Program Team does not consider it obligatory to accept the latest COUNTER-defined measures and reports.

F. Product Access TSLAC requires well-designed interfaces that allow patrons to easily search and browse by subject, keyword, author, title, publisher/producer or other data points where applicable. TSLAC prefers platforms and interfaces that allow searching across multiple resources.

Vendor must supply MARC records for distribution to individual participating TexShare member libraries, if appropriate for the Core Resource and included in the contract. A method for libraries to sync local catalog records with Vendor-provided MARC records is preferred. The ability to link patrons directly into item-level content from local catalog records is strongly preferred.

TSLAC prefers Core Resources that conform to the Open Discovery Initiative’s Recommended Practice at http://www.niso.org/standards-committees/open-discovery-initiative. Vendors must assist individual member libraries with any necessary discovery service configuration information, including information concerning collection names in discovery service knowledge bases wherever possible.

G. System Requirements i. The TexShare Databases Program strives to make Core Resources as widely accessible as

possible. TSLAC requires all licensed content to be supported and made available via web browsers, including: Google Chrome, Internet Explorer, Firefox and Safari. Both the current version and two prior major versions of each browser must be supported.

ii. Users must not be required to use a separate app to access Core Resources. Interfaces that require the use of Flash or other add-ons or plug-ins to access content are discouraged. TexShare member libraries prefer Vendor interfaces and user experiences that offer:

a. Responsive web applications (preferred), or

b. Mobile web interfaces

iii. Vendor-provided apps for mobile operating systems including iOS and Android may be

http://www.niso.org/standards-committees/open-discovery-initiative


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provided but must provide clear authentication instructions for both institutions and Authorized Users.

H. Accessibility All content must be accessible to users with a wide range of disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, and cognitive limitations.

TSLAC is required to follow Texas Administrative Code, Title 1, Part 10, Chapter 206, Accessibility and Usability of State Web Sites, Texas Administrative Code, Title 1, Part 10, Chapter 213, and the Federal Section 508, Accessibility Standards.

Vendor must submit a Voluntary Product Accessibility Template (VPAT) showing WCAG 2.0 compliance at the AA level. Offered resources that do not meet this requirement will be deemed non-responsive. VPATs must be updated annually and prior to release of any major resource interface update.

For more information, please refer to section 4.8 of this Solicitation.

I. Content The TexShare Databases Program Electronic Resource Collection Development Policy is available at https://www.tsl.texas.gov/texshare/collpolicy.html. This policy is reviewed annually by a working group of librarians representing TexShare member institutions.

J. Customer and Technical Support i. The TexShare Program Team is available during regular business hours, Monday-Friday, excluding State

holidays. Member libraries contact the TexShare Program Team, who in turn will contact Vendor customer support as needed. Some member libraries prefer to contact Vendor customer support directly; in that case, TSLAC requires that Vendor notify TSLAC of customer support requests and resolution times. In order to facilitate communication and mediation of support requests, the TexShare Program Team requires Vendor to provide a single point of contact for customer support and technical issues. Additionally, the TexShare Program. Team expects the Vendor to proactively communicate all changes to content and interfaces, updates, issues, outages, etc., to the TexShare Program Team immediately to ensure the highest level of statewide customer service.

ii. The TexShare Databases Program requires the following:

a. Core Resource(s) platform will be available 24/7/365 with greater than 98% uptime over a 12-month period in order to minimize lack of access to TexShare Core Resources statewide.

b. Vendor will maintain an issue tracking system to enter customer support requests, track issues, and document response.

c. General technical email support will be available 24/7/365 to TexShare Program Team and staff at TexShare member libraries with greater than 99% availability over a 12-month period.

d. A help desk will be available by telephone and/or email during business hours for authorized agency staff to report and/or discuss Severity Level 2 issues.

e. A technical contact will be available by telephone and/or email as needed for authorized agency staff to report and/or discuss Severity Level 1 issues.

f. Vendor will implement needed upgrades only with a minimum of 7 days’ advance notice to TexShare Program Team; 30 days’ notice is preferred.

g. The Vendor will provide 24 hours’ notice to TexShare Program Team when any critical security updates are to be implemented.

h. The TexShare Program Team encourages Vendors to provide training and/or support for library staff, especially as Vendor interfaces change or are updated. TexShare Program Team will partner with Vendors to coordinate training opportunities and make this information available to staff at TexShare libraries.

https://www.tsl.texas.gov/texshare/collpolicy.html


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K. Quick Functionality and Uses Checklist This section briefly describes the information covered in Section 2 and provides guidance to Vendors on the type of functionality TSLAC requires in Core Resources.

A. Vendors must:

i. Provide both consortium and library-level accounts, usage data, and customization capability

ii. Offer 24/7 support for all Core Resources

iii. Provide MARC records, where appropriate

iv. Provide online and in-person training for library staff

B. Core Resources must:

i. Be accessible via IP authentication, the TexShare gateway menu page, and local authentication methods including EZproxy, Open Athens, and single sign-on through integrated library systems and catalogs

ii. Offer search and browse capability by subject, keyword, and other access points as appropriate

iii. Allow direct links into item-level content

iv. Support email, print, download, copy & paste for specific full text and media files

v. Meet WCAG 2.0 AA accessibility requirements

2.3 Training and Outreach A. Training and outreach are critical element of the TexShare Databases Program. Vendor must identify what

types and formats of onsite and online training will be delivered to program participants and how the training is offered; i.e., classroom, individual, on-demand webcast, etc. Vendor must describe the training materials that are included in their Offer without additional cost to TSLAC. Vendor may also list enhanced training and training materials available at additional cost to participating TexShare members.

B. If a contract is awarded, Vendor will be required to track participation and effectiveness of all workshops, webinars, and other training events. Reporting requirements for training are provided in Section 2.4, Training Forms, and Section 2.7, Core Resources Required Reports. Note that TSLAC retains the right to cancel any training for any reason provided one-week notice is provided to Vendor. Vendor must agree to provide a minimum of 48 hours’ notice, except in extraordinary circumstances, if training is cancelled by Vendor or if instructor is changed.

C. Vendor must provide outreach materials such as bookmarks and posters at no additional cost in either print or downloadable electronic format. Outreach materials must include the TexShare logo and an acknowledgment of funding sources, including the IMLS credit line as specified at https://www.imls.gov/grants/manage-your-award/grantee-communications-kit/imls-acknowledgement-requirements or an alternate version approved by TSLAC. TSLAC prefers outreach material that allows participating member libraries to insert the name of the library and logo of library or parent institution if available. Vendor’s license must grant both TSLAC and participating TexShare member libraries a non-exclusive right to use Vendor’s brand and trademarks in additional outreach material both in print and online.

D. TSLAC has registered the logos and program names of TexShare, TexQuest, TExpress, and the Library of Texas with the State of Texas. Program logos and/or program names, or other trademarks and service marks of TSLAC, cannot be used without advance written permission from TSLAC. A provision will be included in the executed Contract for the use of the applicable TSLAC program names and logos throughout the life of the Awarded Contract. The TSLAC Contract Manager may provide a high-resolution copy of TSLAC logos and upon written request. For more information, please visit this link: https://www.tsl.texas.gov/landing/webpolicies.html#intellectual

2.4 Training Forms The Vendor will be required to track participation and effectiveness of all training events mentioned in Section 2.3.

https://www.imls.gov/grants/manage-your-award/grantee-communications-kit/imls-acknowledgement-requirements

https://www.imls.gov/grants/manage-your-award/grantee-communications-kit/imls-acknowledgement-requirements

https://www.tsl.texas.gov/landing/webpolicies.html#intellectual


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Participation and evaluation data will be collected by Vendor, transcribed, and submitted to TSLAC in the form of an Excel spreadsheet or CSV no later than the 5th of the month following each training event. Upon Award of Contract, TSLAC will provide template spreadsheets for Vendor use. Vendor may not use participation or evaluation data for any purpose other than satisfying TSLAC reporting requirements.

Participants must be informed that any information submitted on a registration or evaluation form will be subject to disclosure under the Texas Public Information Act and advised that the use of personal email addresses is not recommended.

2.4.1 Participation Form Vendor should provide a method for participants to register for any Vendor-provided workshop or webinar and must provide a list of actual participants who attended the event using the spreadsheet template provided by TSLAC, which includes the following fields:

• Participant First Name

• Participant Last Name

• Participant Email

• Participant CEU (number of continuing education credit hours earned. Specific CEUs must be approved by TSLAC in advance)

• Attended (Yes/No)

• Participant LibraryID (Preferred. This would be the Vendor site or location ID)

• Participant Library (Required. Generally as entered by Participant)

• Participant Library State (State in which library is located)

2.4.2 Evaluation Form Following each in-person workshop or webinar, the participants must be asked to complete an evaluation form containing the following questions:

A. BEFORE attending this workshop, my knowledge and/or confidence on each topic was:

• Topic #1 (1 is poor, 5 is excellent)



B. AFTER attending this workshop, my knowledge and/or confidence on each topic was:




C. Overall, I considered this workshop to be (1 is poor, 5 is excellent)

D. The overall quality of the presenter was (1 is poor, 5 is excellent)

E. I will use knowledge or information gained from this workshop to improve library services in my community (1 is strongly disagree, 5 is strongly agree)

F. How will you use the information gained from this workshop at your library? (open-ended)

G. Please share your comments about this workshop experience. Include suggestions, if any, for improving organization or content (open-ended)

H. Please give us suggestions for topics you would like presented in the future and indicate whether you feel the topics are best suited for online or face to face training (open-ended)


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Evaluation forms will be transcribed by the Vendor if necessary and data will be submitted to TSLAC using the spreadsheet template provided by TSLAC.

TSLAC may request additional information as needed.

2.5 Security and Privacy Data security and user privacy are of great importance to the TSLAC and TexShare/TexQuest participating institutions. TSLAC is bound by state and federal regulations to provide the highest possible level of security for student data, Personally Identifiable Information (PII), and authentication credentials. Any Core Resource platform that will collect and maintain data, including user and usage data, must comply with the security requirements described in (and as updated):

A. Texas Administrative Code, Title 1, Part 10, Chapter 202 at: https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=202&sch=B&rl=Y

B. The standards described in NIST Special Publication 800-122, Guide to Protecting the Confidentiality of Personally Identifiable Information (PII) at: https://www.nist.gov/publications/guide-protecting-confidentiality-personally-identifiable-information-pii

C. The standards described in NIST Special Publication 800-53 (Rev. 4), Security Controls and Assessment Procedures for Federal Information Systems and Organizations at: https://nvd.nist.gov/800-53

i. Optional. The standards described in ISO 27001:2013, Information technology – Security techniques – Information security management systems – Requirements: https://www.iso.org/standard/54534.html

D. 34 CFR Part 99 – Family Educational Rights and Privacy (FERPA): https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=34:1.1.1.1.33

In addition, the Requirements and Best Practices for Protecting Student Privacy While Using Online Educational Services developed by the U.S. Department of Education (https://studentprivacy.ed.gov/resources/protecting-student-privacy-while-using-online-educational-services-requirements-and-best) may be used to evaluate resources Offered in response to this Solicitation.

2.5.1 Data Classification A. The TexShare/TexQuest Program uses the Data Classification Template provided by the Department of

Information Resources (DIR) at http://dir.texas.gov/View-About-DIR/Information-Security/Pages/Content.aspx?id=139 to classify its service program data and determine appropriate security controls.

B. The classifications include:

i. "Public" information that is freely available to the public

ii. "Sensitive" information which can be released but should be controlled to protect third parties

iii. "Confidential" information which is exempted from the Public Information Act

iv. "Regulated" information which is controlled by state and/or federal regulation or other third party agreement

C. Data that are not "Public" information must be encrypted at rest and during transit and access to such data must be password controlled. Vendors are required to submit information concerning security and privacy in Tab 9 of their Response. Vendors submitting Offers should detail other security measures undertaken routinely by such Vendor relative to non-Public information, such as intrusion detection software, locked doors in server rooms, employee background checks for employees handling non-Public information, any outside audits of security procedures, routine penetration testing with remedial correction follow-up if necessary, unauthorized-user monitoring procedures and protocols, prompt repair of inadequate systems, and notification procedures if a data security breach has occurred.

D. TSLAC classifies the following data typically collected by Vendors of online resources as follows:

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=202&sch=B&rl=Y

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=202&sch=B&rl=Y

https://www.nist.gov/publications/guide-protecting-confidentiality-personally-identifiable-information-pii

https://www.nist.gov/publications/guide-protecting-confidentiality-personally-identifiable-information-pii

https://nvd.nist.gov/800-53

https://www.iso.org/standard/54534.html

https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=34:1.1.1.1.33

https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=34:1.1.1.1.33

https://studentprivacy.ed.gov/resources/protecting-student-privacy-while-using-online-educational-services-requirements-and-best

https://studentprivacy.ed.gov/resources/protecting-student-privacy-while-using-online-educational-services-requirements-and-best

http://dir.texas.gov/View-About-DIR/Information-Security/Pages/Content.aspx?id=139



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Data Type Category Usage data 1. Access log Sensitive User data 2. Individual Username Confidential 3. Individual Password Confidential 4. User Email Confidential 5. IP address associated with User account Confidential 6. User activities associated with User account Confidential

E. All TSLAC and Authorized User data that is collected by the Awarded Vendor must be stored and maintained in the continental United States and must not be used for outreach or advertising purposes or any other purpose other than as specifically authorized under this Solicitation and any resulting contract. TSLAC shall retain exclusive ownership of all TSLAC and Authorized User data, and all derived data generated through monitoring of Authorized User’s use and/or through analysis and other processing of Authorized User data for reporting requirements, and as otherwise permitted under this Solicitation and any resulting contract.

2.6 Historically Underutilized Business Subcontracting Plan Progress Assessment Report (HSP PAR) Upon Contract award, if HUB Subcontractors are identified and employed by the Awarded Vendor, the Awarded Vendor will be required to submit the HUB Subcontracting Plan Progress Assessment Report (HSP PAR) to the TSLAC Purchasing Department each month during the term of the Contract. Reports will be emailed to [email protected] and included in the Contract file. Failure to provide the HSP PAR may result in non-compliance. For more information and the form templates, refer to the link: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

2.7 Core Resources Required Reports TSLAC requires that Core Resource usage reports be available by the 7th of each month for the previous calendar month. Vendor-provided reports must be accurate and reliable. Awarded Vendor will maintain documentation regarding usage data collection and provide it to TSLAC upon request. In event of an audit, Awarded Vendor will provide necessary data to explain any apparent usage discrepancies, inconsistencies, or changes to usage data collection and reporting.

Vendor must provide information concerning the type of reports currently available from the Offered resource and reports that may need to be created in order to meet TSLAC’s requirements. This information must be provided in Appendix L, Tab 9.4, in Vendor’s response.

2.7.1 Reporting Schedule A. All Vendor reports and all data and content therein are Work Products as defined in Paragraph 45 of the TSLAC Terms and Conditions in Appendix F for all purposes and shall become the exclusive property of TSLAC. Vendor must transfer all rights, title and interest in and to such Work Product, including without limitation all associated intellectual property rights, to TSLAC.

B. TSLAC requires Awarded Vendors of Core Resources to provide a number of reports during each contract period. The following schedule is provided for convenience but is subject to change.

i. Monthly

a. Usage

o Sample usage reports are included in Appendix L, Tab 9.4, of this Solicitation. Additional requirements are described in Section 1.6 of this Solicitation.

o Awarded Vendors should submit all applicable monthly usage reports in Excel or csv format no later than the 7th of the next month.

o Awarded Vendors’ usage reports should include breakouts by TexShare member institution or

mailto:[email protected]

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php


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library and/or TexQuest school district or school.

o Vendors’ usage reports must include TSLAC identifiers.

b. Training

o TexShare training reports are submitted to TSLAC. The information required in TexShare Training Reports is provided in Section 2.4.

o Vendors’ TexShare training reports should include each training event’s title and date with the number/names of participants at each training event.

o TexShare participation and evaluation data will be collected by Vendor, transcribed, and submitted to TSLAC in the form of an Excel spreadsheet or CSV no later than the 5th of the month following each training event.

Awarded Vendors may be contacted for assistance if irregularities are noted in usage or training reports.

ii. Quarterly

a. After each state fiscal year (FY) quarter (ending in December/Q1, Mar/Q2, June/Q3, and Sept/Q4), TSLAC team members process, verify, and submit the TexShare and TexQuest FY’s usage and training report for state performance measures and other key metrics.

b. Awarded Vendors may be contacted for assistance if irregularities are noted.

iii. Annually

a. Core Resource retail cost for each TexShare institution (TexQuest institutions included as appropriate).

b. Core Resource materials count and title list

c. Core Resource VPAT

d. Vendor control structure data

C. Additional information or data may be requested from the Awarded Vendor by the TSLAC Contract Manager during the term of the Contract. Data provided for reporting purposes is considered a Work Product.

2.8 Mandatory Statewide Online Trial A. Interested Vendors are required to provide a statewide online trial for each qualified Core Resource included in their Response. Qualified Core Resources are the resources in any Offer determined to be responsive to this Solicitation. Trials must be available according to the date period provided in Section 3.1 and will be accessible twenty-four (24) hours per day, seven (7) days per week during the Statewide online trial period. The results of such online trials and feedback from trial participants will be evaluated as part of the broader evaluation process hereunder of each eligible Vendor.

B. During the statewide online trial, Vendors must provide a secure authentication method for access to each trialed Core Resource. Vendor may set up a single website providing authenticated access to multiple Core Resources at its discretion. Prior to the beginning of the trial period, TSLAC will request that Vendor supply a single trial username and password to be used by all TexShare member institutions during the trial period. Each trialed Core Resource must be available for multiple simultaneous uses. If Vendor chooses to offer Core Resources for a proposed combined TexShare/TexQuest population user profile, authenticated access will also be provided to TexQuest member institutions.

C. Vendors must provide access information to the Offered Core Resource(s) in their Response. Vendor must provide the following information on the Vendor Response Form provided in Appendix L, Tab 4, Question 4.3.6:

i. Trial Website URL

ii. Login Information

D. Access to the online trial must be available for the period specified in Section 3.1 of this Solicitation. Extension of trial period may be requested by TSLAC.


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E. Evaluators will assess Offered Core Resources in real and simulated situations during the statewide online trial to determine quality of content as well as the effectiveness, efficiency, and ease of use and delivery of information for each Offered Core Resource. Evaluators will also solicit input from participating institutions throughout the state on the quality of content as well as the effectiveness, efficiency, and ease of use and delivery of information for each offered Core Resource and will consider these comments in their evaluation. For this reason, it is critical that the Core Resources provided during the statewide online trial be identical to those included in the primary Offer with no differences in content, features, or services.

2.9 Resource Cost Offer A. To facilitate the fair and equal scoring of responses, TSLAC requires Vendor to use the form supplied in Appendix L, Tab 4 of this Solicitation.

B. Pricing must be provided per resource. No package Offers will be considered. Package pricing may be considered as part of a Best and Final Offer (BAFO), the schedule for which can be found in Section 3.1.

C. Vendor’s Cost Offer must support quarterly billing unless an annual discount is provided if payment is made at the beginning of the Contract Term. Vendor’s Response should note the discount percentage and amount in the Cost Offer, if offered. It is the responsibility of the Awarded Vendor to submit accurate invoices in a timely manner. Payment and Invoicing Instructions will be provided in an Awarded contract.

D. All Awarded Contracts are subject to availability of funds. Refer to the TSLAC Terms and Conditions in Appendix F for more information. Payment will be made according to the State of Texas Prompt Payment laws. Texas Prompt Payment Laws can be found at the link provided: http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2251.htm#2251.001

E. Pricing for all Core Resources and services offered hereunder should be at least as favorable as the pricing Vendor provides to any prior or similarly situated client. TSLAC would expect to include a “Most Favored Customer” provision in an Awarded contract.

2.10 Additional Features and Services Vendor must offer Core Resources meeting all specifications in Section 2 of this Solicitation. TSLAC understands that resources such as those specified in this Solicitation are dynamic products. TSLAC will allow Vendor to include additional content and features within an Offered Core Resource at no additional charge during the term of an Awarded Contract, provided that any additional content or features shall not substantially alter the substance of the resulting agreement between TSLAC and the Awarded Vendor, nor alter the permitted scope of use as negotiated and included in a resulting Contract. Notwithstanding the foregoing, evaluation of responses will be based solely on the content and features included in a valid Offer during the formal Solicitation evaluation period.

2.11 Corrective Action Plan and Cure Notice If TSLAC discovers issues of unsatisfactory performance as specified in Section 3.16 of this Solicitation or an Awarded Contract, TSLAC will request a “Corrective Action Plan” from Awarded Vendor. Upon request from the TSLAC Contract Manager, Awarded Vendor must deliver a Corrective Action Plan within ten (10) business days that will then be reviewed for acceptance by the TSLAC Contract Manager. The Corrective Action Plan will address and Vendor will correct all unsatisfactory performance within thirty (30) days of receipt. Failure to correct the unsatisfactory performance within the allotted times will be grounds for termination. This would include any modification or removal of content from the Offered Resources provided from this Solicitation.

2.12 Representations of Vendor References to the “representations” of Awarded Vendor include without limitation all representations, warranties, guarantees, certifications, and affirmations of Awarded Vendor when submitting a Response to this Solicitation.

By submitting a Response, Awarded Vendor makes all of the representations included in this Section and agrees that all representations are material, true, and correct. Vendor acknowledges that TSLAC relies upon Vendor’s representations when awarding a contract.

Awarded Vendor must promptly notify TSLAC if any representations are no longer true or correct. A Vendor who

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2251.htm#2251.001


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does not promptly notify TSLAC is subject to remedies, including contract termination.


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Section 3. Response Submission

3.1 Schedule of Events Event Event Date* RFO Released on the Electronic State Business Daily (ESBD) December 19, 2018 Vendor Questions submitted on or before January 10, 2019 at 1:00 PM (CT) Vendor Questions and TSLAC answers posted on the ESBD no later than January 11, 2019 Vendor Response Deadline and Opening January 18, 2019 at 10:00 AM (CT) Statewide Online Trials January 21-29, 2019 Selection of Core resources and request for Vendor’s Best and Final Offer January 30-31, 2019 Contract Award Target Award contingent upon TSLAC Commission approval February 8, 2019

Contract Execution Target March 1, 2019 Core Resource Implementation March 1-31, 2019 Core Resource services begin for participating institutions April 1, 2019

Service dates must begin April 1, 2019 unless otherwise negotiated.

*TSLAC reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Vendors through a posting on the ESBD. It is the responsibility of interested Vendors to check the ESBD for all updates and changes.

3.2 Request for Offer Opening The public opening of the Solicitation will take place at the time and date listed in Section 3.1 at the following location:

Texas State Library and Archives Commission

1201 Brazos Street, 3rd Floor Conference Room

Austin, Texas 78701

NOTE: This meeting will be open to the public; however, only the names of the Vendors will be read out loud during this meeting.

3.3 Response/Offer Requirements A. Responses must address all criteria listed in the RFO Submittal Requirements Checklist (Appendix B).

B. Responses must include information requested in Section 4, Core Resource Response Requirements, of this Solicitation. Failure to provide the information requested in Section 4 will result in disqualification from this Solicitation.

C. Vendor’s documentation and response provided with the Response must be complete and comprehensive. TSLAC will not be responsible for locating or securing information not included in the Response. Failure to furnish required documentation with the Response may result in the Response being deemed incomplete and non-responsive, resulting in rejection.

D. Response must include a sample of Vendor’s proposal contract and/or terms and conditions. Vendor acknowledges and agrees that, notwithstanding any such submission, Vendor’s proposed terms and conditions may or may not be acceptable to TSLAC. Upon submission of a response, Vendor acknowledges and agrees that, if chosen by TSLAC, the parties will begin negotiations to identify mutually acceptable terms & conditions based on the TSLAC Terms & Conditions included in this Solicitation (Appendix F). Any exceptions or proposed changes to the TSLAC Terms & Conditions must be noted in Vendor’s Response using the Terms & Conditions Issues form provided in Appendix G.


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E. TSLAC will not be responsible for any expenses relating to Responses or Vendor’s development of documentation that may result from this procurement action. Vendor is responsible for all costs associated with preparing a response to this Solicitation.

F. All Responses must be received and time stamped at the TSLAC Purchasing Department (Room 309) by the time and date specified in Section 3.1. TSLAC will disqualify all submittals received past the time and date specified in Section 3.1.

G. The envelope or package in which the Response is submitted must be CLEARLY identified with the RFO # 306-19-0039 and Response opening date and time listed in Section 3.1. It is Vendor’s responsibility to appropriately mark and deliver the Response to the TSLAC by the specified date and time. Failure to properly identify a submission may result in delay of delivery.

H. TSLAC is not responsible for lost or late Responses.

I. Telephone, facsimile, and emailed Responses will not be accepted as a valid Response to this Solicitation.

J. Receipt of all addenda to these Responses should be acknowledged by returning a signed copy of each addendum with the submitted Response BEFORE the Response opening date and time shown Section 3.1.

K. Vendor must enter their Texas Identification Number System (TINS), full company name, and address on the Solicitation Coversheet (Appendix A).

L. Vendor must comply with all rules, regulations, and statues relating to purchasing in the State of Texas, in addition to the other requirements within this RFO. See https://comptroller.texas.gov/purchasing/publications/statutes-procedures.php.

M. Responses cannot be altered or amended after opening time. No Response can be withdrawn after the opening deadline without approval by the TSLAC based on acceptable written request.

N. Responses that bear any copyright notice or symbol will be rejected as non-responsive. Refer to Section 3.6 of this Solicitation and the Texas Public Information Act for requirements.

O. TSLAC, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise and Use Tax Act. Vendor shall not include tax in their Response Offer. Tax Exemption Certificates are available upon request.

P. Tie Response awards will be made in accordance with Texas Government Code § 2155, Subchapter H (Purchasing Preferences). Consistent and continued tied Responses could cause rejection of Responses by the TSLAC and/or investigation for antitrust violations.

Q. Late, illegible, incomplete, or otherwise non-responsive Responses will not be considered.

R. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days.

S. Any terms and conditions attached to a Response will not be considered unless specifically referenced within the Response and may result in disqualification of the Response.

T. Sole Ownership: Pursuant to Section 231.006 (c), Texas Family Code, Responses must include names and social security numbers of each person with at least 25% ownership of the business entity submitting the Response.

U. ALL RESPONSES MUST BE SIGNED AND DATED BY A PERSON AUTHORIZED TO BIND THE COMPANY IN A CONTRACT. FAILURE TO SIGN AND DATE THE SOLICITATION COVERSHEET WILL RESULT IN DISQUALIFICATION OF A SUBMITTED RESPONSE.

3.4 Amendments to Solicitation A. TSLAC will post any amendments to this Solicitation as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. Vendor’s failure to periodically check the ESBD will in no way release Vendor from “addenda or additional information” resulting in additional costs to meet the requirements of this Solicitation and/or the performance of any

https://comptroller.texas.gov/purchasing/publications/statutes-procedures.php


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resulting contract.

B. Vendor must acknowledge receipt of all addenda to this Solicitation by returning a signed copy of each addendum with the submitted Response BEFORE the Response opening date and time.

3.5 Questions A. All questions shall be submitted in writing to TSLAC Purchasing via email to [email protected] or at

facsimile 512-475-3393 no later than the time and date listed in Section 3.1. All inquiries must have “Questions concerning RFO # 306-19-0039” listed in the subject line of the email.

B. TSLAC will post all questions and answers on the ESBD no later than the time and date listed in Section 3.1. It is Vendor’s responsibility to view these questions and answers; TSLAC will NOT send a notification email when they are posted. If a Vendor does not have Internet access, a copy of all written responses may be obtained through the point of contact listed on the Solicitation Coversheet.

C. If Vendor takes any exceptions to any provisions listed in this Solicitation, these exceptions must be specifically and clearly identified by Section in Vendor’s response to this Solicitation, and Vendor must propose an alternative with their Response.

3.5.1 Communication Restrictions Except as otherwise provided in this Section, employees and representatives of the TSLAC will not answer questions or otherwise discuss contents of this Solicitation with any potential Vendor or its representatives until award of this Solicitation. Failure to observe this restriction may result in disqualification of any subsequent Response. This restriction does not preclude discussions unrelated to this Solicitation.

3.6 Texas Public Information Act A. Any Response that bears a copyright notice or symbol will be rejected as non-responsive. Responses will be subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request after award. Subject to the Act, Vendors may only seek to protect trade secret and confidential information from public release. Vendors are responsible for reading the Public Information Act and understanding how it applies to this Solicitation.

B. The determination of whether information is confidential and not subject to disclosure under the Public Information Act is the duty of the Office of the Attorney General (OAG). TSLAC must provide the OAG sufficient information to render an opinion and, therefore, vague and general claims to confidentiality by Vendor are not acceptable. The TSLAC shall comply with all opinions of the OAG.

C. TSLAC assumes no responsibility for asserting legal arguments on behalf of anyone. Vendors are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

D. Offers submitted shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for a Vendor to include proprietary or otherwise confidential information in its offer, that particular information should be clearly identified and reference shall be made to the specific exception to disclosure in the Act. Merely making a blanket claim that the entire offer is protected from disclosure because it contains some proprietary trade secret or confidential information is not acceptable and will not render the entire offer confidential. Any information, which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA.

E. If Vendor’s Response contains any information which Vendor claims is confidential and not subject to release under the PIA, Vendor must prepare and deliver with Solicitation submission one USB drive, CD, or DVD containing the following information:

i. One PDF file containing the complete a copy of all Vendor’s submissions pursuant to this Solicitation. The PDF file shall be named “Complete RFO Documents, [Vendor’s Name], TSLAC RFO # 306-19-0039: CONTAINS CONFIDENTIAL INFORMATION.”

ii. One PDF file containing a copy of all Vendor’s submissions with all information claimed as confidential excised, blacked out or otherwise redacted. The PDF file shall also contain an Appendix which contains



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clear references to all redacted information including a general description of the redacted information. The PDF file shall be marked “For Public Release: Redacted Version of [Vendor’s Name]. TSLAC RFO # 306-19-0039”

iii. In compliance with Senate Bill 20 passed during the regular session of the 84th Texas Legislature (TX SB20), all contracts signed by TSLAC will be posted on the TSLAC website. All responses to this Solicitation are subject to Public Information Act requirements. See https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm for more information.

F. Any information which Vendor claims is confidential must be listed in Appendix C – Confidential Information Form.

3.7 Format of RFO Submittal Requirements Checklist A checklist of items required in and the required formatting of the Response is provided in Appendix B. Vendor must complete the checklist and place it in Tab 1 of the original Response binder. Failure to include all required information in Vendor’s Response will result in disqualification.

3.8 Response/Offer Submission A. Vendor shall submit one (1) original Response and four (4) copies, which must be clearly marked. Each

copy shall be printed and submitted in a three-ring binder. Response pages should be tabbed or indexed and contain an organized, paginated table of contents corresponding to the section and pages of the Response.

B. Vendor shall also submit a digital copy of the complete Response on a CD, DVD, or USB flash drive with the original Response submittal. The digital copy must be one single PDF document with embedded text and with bookmarks identifying tabs and sections.

C. The Solicitation Coversheet must be signed and dated in order to qualify the Response to be considered for evaluation.

D. All Responses will become the property of the TSLAC upon submission.

E. TSLAC reserves the right to reject any and/or all Responses received, and to cancel this Solicitation in part or in its entirety. This solicitation of Responses in no way obligates TSLAC to award a contract.

3.9 Delivery of Responses A. Responses shall be submitted to the TSLAC Purchasing Department by U.S. Postal Service, Overnight/Express Mail, or Hand Delivered to 1201 Brazos Street, Room 309, Austin, Texas 78701 by the Response opening date and time listed in Section 3.1. Purchasing hours of operation are from 8:00 a.m. to 4:30 p.m. CST, excluding official state holidays.

B. Please note that Responses can be received earlier than the date listed in Section 3.1. To ensure Responses arrive in time, it is highly recommended they be delivered the day before opening date. TSLAC will not be held responsible for Responses that arrive late.

3.10 Response Opening A. Responses will be opened by TSLAC at the time and date listed in Section 3.1.

B. All submitted Responses become the property of the TSLAC after the Response submittal deadline/opening date.

C. Responses submitted shall constitute an offer that shall remain valid for nine (9) months or until an award is made by the TSLAC, whichever occurs later.

D. The submitted Response to this Solicitation is an offer to contract with TSLAC based upon the terms, conditions, and specifications contained herein. Offers do not become contracts until awarded by TSLAC.

E. The factors listed in Texas Government Code § 2155.074, § 2156.007, and § 2157.003 shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm


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3.11 Response Evaluation A. It is the intent of TSLAC to award one or more contracts to the Vendor(s) whose offer(s) are demonstrated to be the Best Value to the State. TSLAC will award contracts for one or more Core Resources to one or more Vendors based on an evaluation of how Offered Core Resources would provide the best overall value for TSLAC, TexShare and/or TexQuest participating institutions, and the State of Texas. TSLAC may also award contracts for one or more TexSelect/TexQuest Select Resources to one or more Vendors using the same criteria.

B. To determine Best Value, there will be multiple levels of evaluation. An initial review by the TSLAC Purchasing Office will focus on whether the Response is complete and that each Offered Resource meets minimum requirements for consideration, as reported on the Core Resource Minimum Requirements Checklist in Appendix L, Tab 6. At the sole discretion of TSLAC, Vendor(s) may be contacted to request supplemental or corrected information during this review.

C. A second review by TSLAC will determine whether each Offered Resource is within the scope of this RFO defined in Section 2.1, Resource Content Areas, Formats, and Languages, and whether it satisfies the TexShare Program Technical Specifications and Requirements listed in Section 2.2.

D. In either of the first two reviews, Offered Resources may be determined to be either non-responsive, in which case they will not be submitted for further evaluation, or ineligible for the TexShare Databases Program, in which case it might be considered for the TexSelect Program. Additionally, a Core Resource or Vendor Offer can be determined to be non-responsive at any point in the evaluation process.

3.11.1 TexShare Program Team Evaluation A third evaluation will be provided by members of the TexShare Program Team. Each Core Resource will be evaluated on the following elements. Each element has been assigned a maximum amount of points that can be given for that particular element. Vendor will not be given more points than the maximum points assigned to each element. Any Core Resource must score a minimum of 70 points in order to be considered for further evaluation.

Element Points Core Resource Content (Tab 7)

• Coversheet • Title List • Content Removal Program • Authentication Options • Implementation • Core Resource Features and Services

20

Core Resource Interface (Tab 8) • Accessibility • Plug-Ins

15

Core Resource Platform Elements (Tab 9) • Security • Support • Usage and Performance Reports • COUNTER Compliance

40

Core Resource Training and Promotion (Tab 10) Maximum/Total

25 100


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3.11.2 External Evaluation A fourth review will be performed by a group of external evaluators from TexShare participating institutions. The external evaluation team will determine best value by using a holistic review of each of the following elements.

Criterion Points Topic

10

Audience

15

Content Quality

15

Identifying and Accessing Content

15

Using Content

15

Vendor Training Plan

15

Vendor Outreach and Promotional Materials Maximum/Total

15 100

3.11.3 TexSelect Evaluation Any Offered Resource that is not considered for the TexShare Databases Program may be evaluated for the TexSelect Program. This will involve a single level of evaluation based solely on the expected savings to TexShare member and affiliate member institutions based on the Vendor’s Cost Offer and input from participating institutions.

3.12 Contract Award The final evaluation decision will be based on the average TexShare Program Team score plus the average External Evaluator score. The sum of these scores will be divided by two to give a final score out of 100 points.

Following the final evaluation decision, TSLAC will proceed with contract negotiations with one or more Selected Vendors and will finalize one or more contracts. If a contract cannot be successfully negotiated within a reasonable period of time with highest-ranking Selected Vendor, contract negotiations will be terminated and negotiations with the next highest-ranking Vendor will begin.

3.13 Best Value Statement TSLAC reserves the right to award this Solicitation to one or more Vendors whose Response provides the Best Value to the agency and the State of Texas. Per state procurement statutes, rules and regulations, Best Value does not always mean lowest cost.

3.14 Contract Term A Contract awarded under this Solicitation will have an initial term of service that begins on April 1, 2019, and will conclude no earlier than September 30, 2020, unless otherwise terminated earlier by TSLAC. An Awarded Contract may be renewed for three subsequent one-year terms, through September 30, 2023, at the sole discretion of TSLAC, provided mutually agreeable price, terms, and conditions are negotiated prior to the expiration of an Awarded Contract.

3.15 Historically Underutilized Business Subcontracting Plan (HSP) State law requires that ALL Offers MUST include a Historically Underutilized Business (HUB) Subcontracting Plan. Responses that do not include this plan will be disqualified. For more information and the form templates, refer to the link: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. This plan must be included in Tab 3 of the Vendor Response. Refer to checklist in Appendix B for tab placement.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php


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3.16 Vendor Performance Tracking A. The TSLAC Contract Manager(s) will monitor the performance of a contract issued under this Solicitation. All services under an Awarded Contract shall be performed at an acceptable quality level and in a manner consistent with acceptable industry standards, custom, and practice.

B. Prior to each contract renewal period, TSLAC will review contracted Core Resources based on the following criteria:

i. Core Resource has met the System Requirements specified Section 2.2.

ii. Vendor has provided dedicated customer and technical support as specified in Section 2.2.

iii. Vendor has provided usage and performance measure reports as specified in Section 2.7.

iv. Vendor has provided training for participating libraries as specified in Section 2.3.

Other requirements listed in Section 2.2, TexShare Program Technical Specifications and Requirements, will also be reviewed. Failure to meet these requirements will be considered Unsatisfactory Performance.

C. Additional criteria, such as user satisfaction with Core Resource(s), usage and cost per use over time, and Vendor improvements to Core Resource, may also be used in the annual renewal review. Similar criteria are used in the evaluation of TexSelect Resources.

D. At the conclusion of an Awarded Contract, TSLAC will submit a Vendor Performance Report to the Comptroller of Public Accounts (CPA). The Awarded Vendor will receive an email with the link to the submitted Vendor Performance Report at http://www.txsmartbuy.com/vpts. Vendors who obtain a performance score less than C or Legacy Unsatisfactory Vendor Performance System have fourteen (14) calendar days to respond to the report.

E. More information about Vendor Performance Tracking System (VPTS) is provided on the Comptroller’s website at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/. Frequently asked questions about VPTS can also be found at the following link: https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/performance-faq.php

3.17 TSLAC Terms and Conditions A. TSLAC Terms and Conditions are listed in Appendix F of this Solicitation. These will become part of any contract awarded under this solicitation. TSLAC reserves the right to add, delete, and amend terms and conditions. Awarded Vendor(s) will be notified of changes to the terms and conditions and will be provided with an opportunity to respond to these changes.

B. The “Warranties” clause included in Paragraph 17 of the TSLAC Terms and Conditions may be negotiated during the negotiation phase of the Solicitation process.

C. Please list terms and conditions that Vendor takes issue with in Appendix G of this Solicitation.

3.18 LSTA Terms and Conditions A. TSLAC uses a combination of state funds and federal funds provided by the Institute of Museum and Library Services (IMLS) under the Library Systems and Technology Act (LSTA) for the TexShare Program. LSTA Terms and Conditions are listed in Appendix H of this Solicitation and will become part of any contract awarded.

B. LSTA Terms and Conditions are non-negotiable and will only be modified at the request of the IMLS. Awarded Vendor will be notified of any changes to LSTA Terms and Conditions following the Contract Award. Vendors may not propose or request any changes to these Terms and Conditions.

http://www.txsmartbuy.com/vpts

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/performance-faq.php

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/performance-faq.php


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Section 4. Core Resource Response Requirements

4.1 Instructions Offered Core Resources must include all requested information specified in this Section within the Vendor’s Response. Vendors are encouraged to use the hyperlinks provided within this Solicitation to ensure that all required information is included in their Response. Information must be clear and comprehensive with appropriate documentation as requested. Failure to provide the requested information will result in disqualification from this Solicitation. At its sole discretion, TSLAC may contact Offering Vendor for clarification prior to disqualification. Vendor’s Company Name, Offer #, and Date of Offer must be included in the footer of all pages in Vendor’s Response.

4.2 Minimum Resource Requirements Checklist A Minimum Resource Requirements Checklist is provided in Appendix L, Tab 6, of this Solicitation. Interested Vendors must complete and return this checklist for all Offered Core Resources. Offers submitted for the TexShare Databases Program that do not meet all minimum Resource Requirements will be considered non-responsive and will not be considered for further evaluation.

4.3 Resource Title List A. As described in Section 2.1, TSLAC requests Offers for online electronic genealogy and family history resources. Vendor Response must include a comprehensive list of the content included in each Offered Core Resource.

B. For each census schedule, record series, ebook title, or database included on a title list, Vendor must indicate:

• Title

• Source

• Creation dates of original records

• Country of Origin

• Copyright Status of original records

o Public Domain

o Copyright (U.S.)

o Copyright (other jurisdiction)

o Other rights or restrictions on use

• Type of content

o Census schedule

o Archival record

o Map

o Book/Monograph

o Serial Publication

o Other type(s)

• Format of content

o Fully indexed and searchable (Yes/No)

o Digitized images of original records included (Yes/No)

• Language of content


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C. At its sole discretion, TSLAC may contact Offering Vendor for clarification of the provided title list(s) or may request an alternate title list prior to evaluation of Offers.

4.4 Proof of Financial Stability Vendor must provide evidence of financial stability in Tab 5 of their Response. Vendor shall provide the following documents:

A. Current Dun and Bradstreet Report for parent company or current audited financial statement or equivalent third-party report.

B. Any official document displaying current proof of authority to conduct business in the State of Texas. Examples: Texas State Franchise Tax Certificate, Texas State Sales Tax Permit.

C. Certificate of Insurance that sets forth limits of liability to include all insurance coverage of the company. TSLAC reserves the right to request alternate evidence of financial stability following Response opening as needed.

4.5 Vendor References A. Vendor must provide current contact information for a minimum of three (3) library consortia or statewide e-resource programs willing to provide a reference for Vendor based on a current resource subscription or license. Consortia that serve public and academic libraries are preferred.

B. It is the responsibility of the Vendor to ensure that the reference or consortium is able and willing to respond to TSLAC’s reference request. Letters of reference will not be accepted in lieu of a reference contact.

C. References must include the minimum information below:

• Consortium Name

• State(s)

• Consortium Contact Name

• Contact Title

• Phone Number

• Email Address

• Brief Description of current resources provided by Vendor to this consortium

D. TSLAC may request references from peer consortia beyond the references listed in the response.

4.6 Vendor Contacts A. Vendor must include all contacts that will be assigned any responsibility for a TSLAC Contract, if awarded. Vendor may include additional contacts and roles in their Response, if needed. If additional roles are included in the Response, Vendor must provide a description of the responsibilities that role will hold.

B. If the Response includes multiple Core Resources or platforms, Vendor must include technical and support contacts for each Offered Core Resource or platform.

C. Awarded Vendors will be required to notify TSLAC within five (5) business days when contacts assignments are updated. Vendor must provide the following contacts:

i. Vendor General Contacts

a. Resource Offer Contact – this contact must have the authority to bind the company or negotiate the submitted offer on behalf of the company

b. Contract Management Contact – this contact will manage the TSLAC contract, including resolution of any performance issues, preparation of required reports, and submission of invoices.


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c. Accounts Manager Contact – this contact will manage the TSLAC account, including the creations of sub-accounts for TexQuest participating institutions.

d. Training Specialist Contact – this contact will schedule and coordinate TexQuest training with the TexQuest Program Team and the TexQuest Support Center.

e. Branding and Marketing Specialist – this contact will develop and customize outreach materials such as bookmarks, posters, and guides for Vendor resource(s) in coordination with the TexQuest Program Team and the TSLAC Communications Office.

f. Usage and Performance Measures Specialist – this contact will provide support to TSLAC for detailed questions regarding usage reports and available metrics

ii. Vendor Technical Support Contacts

a. Public Technical Support Contact – this contact will be listed on the TexQuest website

(1) List the contact information for Technical Support as it would be listed on the TexQuest website. Non-personal contact information is preferred.

(2) Support Availability should include hours of operation and possible exclusions

b. TSLAC Technical Support Contact – this contact will support TSLAC

4.7 Support As described in Section 2.2.J, TSLAC requires a baseline level of customer and technical support. All costs for this support must be included in Cost Proposal. Vendor may propose a higher level of support than required by TSLAC.

4.8 Voluntary Product Accessibility Template (VPAT) A. Offered Core Resources must be ADA compliant. Interested Vendors must provide a VPAT for each separate interface available for Offered Core Resources where indicated in Tab 8 of the Vendor Response. VPAT must indicate WCAG 2.0 compliance at the AA level to be considered.

B. A VPAT template may be found at https://www.itic.org/policy/accessibility/vpat.

C. Any significant changes to a platform or interface during either the evaluation period of this Solicitation or during the Awarded Contract term will require Awarded Vendor to submit an updated VPAT.

D. VPATs submitted to TSLAC may not be marked as confidential. TSLAC is required to provide VPATs for resources included in the TexQuest Core to participating institutions and to Authorized Users upon request.

E. TSLAC is required to follow Texas Administrative Code, Title 1, Part 10, Chapter 206, Accessibility and Usability of State Web Sites; Texas Administrative Code, Title 1, Part 10, Chapter 213; and the Federal WCAG 2.0 AA. All Core Resources procured under this solicitation must comply with these requirements:

As Required by 1 TAC Chapter 213 (Applicable to State Agency and Institution of Higher Education Purchases

Only).

i. Effective September 1, 2006, state agencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in Response to a procurement solicitation.

ii. Vendor shall provide TSLAC with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements, based on the federal standards established under WCAG 2.0 AA of the Rehabilitation Act, or indicate that the product/service accessibility information is available from the General Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov). Vendors not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide TSLAC with a report that ensures compliance with the same accessibility criteria in substantively the same format. Additional information regarding the “Buy Accessible Wizard” or obtaining a

https://www.itic.org/policy/accessibility/vpat

https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=206&rl=50

https://texreg.sos.state.tx.us/public/readtac%24ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=213&sch=B&rl=Y

http://www.buyaccessible.gov/


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copy of the VPAT is located at http://www.section508.gov/.

F. Offers that do not include a VPAT for each separate platform or interface available for Offered Core Resources will be considered non-responsive and will not be considered for further evaluation.

http://www.section508.gov/

Texas State Library and Archives Commission Solicitation Coversheet – Appendix A

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Appendix A – Solicitation Coversheet Issue Date: December 19, 2018 RFO #: 306-19-0039 Response Deadline: January 18, 2019 at 10AM NIGP Class & Item Codes: 924 / 956-35 Solicitation Description: TexShare Genealogy & Local History e-Resources

AGENCY & SUBMITTAL INFORMATION Agency Contact Submittal Delivery Address Submittal Information

Kelly Wenzel

Phone: (512) 463-3037 Email: [email protected]

Texas State Library & Archives Commission

ATTN: Purchasing, Room #309 1201 Brazos Street Austin, Texas 78701

7:30am – 4:30pm

Please refer to the Section 3 of the Solicitation for instructions on the Submission of your Response to this Solicitation. This page MUST be signed and submitted with the proposal packet by the date and time listed in Section 3.1 of the Solicitation. Please note that unsigned coversheets, late coversheets, or missing coversheets will result in disqualification.

Billing Information Destination of Goods or Services

Texas State Library & Archives Commission Accounting Department

PO Box 12516 Austin, Texas 78711

Phone: (512) 463-5471 Email invoices to [email protected]

Texas State Library & Archives Commission TexQuest Program 1201 Brazos Street Austin, TX 78701

VENDOR INFORMATION

Vendor Name:

Phone Number:

Address: Fax Number:

*City, State, Zip: DUNS #:

Email Address: SAM.gov

Exp Date:

Vendor ID #: HUB Status, if applicable

Federal EIN:

DIR Contract #, if applicable

The Vendor ID Number is the Payee Identification Number assigned and used by the Texas Comptroller of Public Accounts to process payment for goods/services. Enter this number in the Vendor ID # field above. (If a Vendor does not have a Texas Vendor Identification number, please complete the TINS application and submit with this Coversheet: http://www.comptroller.texas.gov/forms/ap-152.pdf) In addition, enter your Federal Employers Identification number in the Federal EIN field above. In an effort to minimize identity theft, every company MUST have an Employers Identification Number (EIN) prior to award of a contract. For information on obtaining your EIN, you may contact the IRS at (800) 829- 4933 or visit https://www.irs.gov/forms-pubs and complete the Form SS-4.

Award Notice: The State reserves the right to accept or reject all or any part of any bid, waive minor technicalities, and award the bid that will best serve the interest of the State. Any contract may also be extended up to three (3) months at the sole discretion of the State. The State also reserves the right to reject any and all bid items at the sole discretion of the State. Bid prices are requested to be firm for TSLAC acceptance for 90 days from the Solicitation Response Deadline (Opening Date).

SIGNATURE REQUIRED

The person who signs this Coversheet must have the authority to bind the company into a contract.

Printed Name:

Job Title:

Signature: Date:

*By signing this form, Vendor certifies that if a Texas address is shown as the address of the company, the Vendor qualifies as a Texas Resident Bidder as defined in TAC Rule § 20.38.



http://fedgov.dnb.com/webform

https://www.sam.gov/portal/SAM/#1

https://www.comptroller.texas.gov/purchasing/vendor/hub/

http://dir.texas.gov/View-Information-For-Vendors/Landing.aspx

http://www.comptroller.texas.gov/forms/ap-152.pdf

https://www.irs.gov/forms-pubs

Texas State Library and Archives Commission Solicitation Coversheet – Appendix A

Page 33 of 125

IMPORTANT!

Interested Vendors MUST address all inquiries and communications concerning this Solicitation to the Individual listed in the Agency Contact box of this Solicitation Coversheet.

Communications with anyone other than the Agency Contact may result in disqualification for a Solicitation.

Any amendment to this solicitation will be posted as an addendum on the Electronic State Business Daily (ESBD). It is the responsibility of the Interested Vendor to periodically check the ESBD for updates to the solicitation prior to submitting their proposals. Respondent’s failure to periodically check the ESBD will in no way release the selected Vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the Solicitation. Receipt of all addenda to this Solicitation shall be acknowledged by returning a signed copy of each addendum with the response. Failure to include the signed addenda may result in disqualification from evaluation of the Vendor’s submitted response.

In case of tie bids, one or more preferences described in Texas Government Code § 2155, Subchapter H and listed below will be used to make an award. Tie bids which cannot be resolved by application of one or more preferences shall be made by drawing lots. Please refer to CPA Texas Procurement & Contract Management Guide, Page 78 for more information on preferences.

□ Supplies, materials, or equipment produced in Texas/offered by Texas bidder*

□ USA produced supplies, materials, or equipment

□ Agricultural products produced or grown in Texas □ Products of person with mental or physical disabilities

□ Agricultural products & services offered by Texas bidders* □ Energy Efficient Products

□ Products produced at facilities located on formerly contaminated property □ Rubberized asphalt paving material

□ Products & services from economically depressed or blighted areas □ Recycled motor oil & lubricants

□ Products made of recycled, remanufactured or environmentally sensitive materials, including recycled steel

□ Vendors that meet and exceed air quality standards

□ Texas Business that is owned by a service-disabled veteran □ Recycled or Re-Used Computer equipment or Other Manufacturers

□ The commission and all state agencies making purchase of vegetation for landscaping purposes, including plants, shall give preferences to Texas vegetation native to the region if the cost to the state is not greater and the quality is not inferior.

□ Foods of Higher Nutritional Value

*By signing this form, Vendor certifies that if a Texas address is shown as the address of the company, the Vendor qualifies as a Texas Resident Bidder as defined in TAC Rule § 20.38. VENDOR NOTE: Please include your Cost and Fee Submittal detailed summary after this document, unless otherwise instructed in the Solicitation. Be sure to include all costs associated with your offer from this Solicitation.

ACKNOWLEDGEMENT OF ADDENDA

PREFERENCES

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2155.htm

https://comptroller.texas.gov/purchasing/docs/96-1809.pdf


Vendor Name: Offer #: Date:

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Appendix B – RFO Submittal Requirements Checklist Please provide one original and four copies of your Response in separate three-ring binders. Binders must be clearly identified on the front of the binder. Please use the table below to organize your Response in the following order by the corresponding tab number.

Provide a digital copy of the full Response on a CD, DVD, or USB flash drive with the original Response binder.

Response pages must be numbered and contain an organized, paginated, table of contents corresponding to the Section and pages of the Response.

Response must include all of these elements to be considered responsive.

Requested Item Tab Number

Vendor Initials

For TSLAC

RFO Submittal Checklist (Appendix B) Front Page of Binder

Signed Solicitation Coversheet (Appendix A), including DUNS and SAM Expiration information

1

Vendor Disclosures ✓ Confidential Information Form (Appendix C) ✓ Vendor Non-Disclosure Agreement (Appendix D) ✓ Conflict of Interest Disclosure Form (Appendix E)

2

HUB Subcontracting Plan (See Section 3.15) 3 Cost Proposal (Tab 4) Additional Features and Services Cost Information (Tab 4.3) TexSelect Cost Proposal, if applicable

4

Vendor Qualifications ✓ Proof of Financial Stability (Tab 5.1) ✓ Vendor References (Tab 5.2) ✓ Vendor Contacts (Tab 5.3) ✓ Vendor Technical Support Contacts (Tab 5.4)

5

Core Resource Minimum Requirements Checklist (Tab 6) 6 Core Resource Content (Tab 7) 7 Core Resource Interface (Tab 8) ✓ Accessibility and ADA Compliance (Tab 8.2) ✓ VPAT

8

Core Resource Platform Elements (Tab 9) 9 Core Resource Training and Promotion (Tab 10) 10 Terms & Conditions Issues (Appendix G) 11 Proposer’s Contract and/or and License Agreement 12 Solicitation Addenda (from the ESBD posting), if applicable 13 Vendor Addenda 14



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Appendix C – Confidential Information Form The determination of whether information is confidential and not subject to disclosure under the Public Information Act is the duty of the Office of Attorney General (OAG). TSLAC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by Vendor are not acceptable. TSLAC shall comply with the all opinions of the OAG.

TSLAC assumes no responsibility for asserting legal arguments on behalf of any Vendor. Vendors are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Please list below items that you would like kept confidential from your Response. See Section 3.6, Texas Public Information Act, for additional information.

Page Number Section Number Section Title



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Appendix D – Non-Disclosure Agreement In consideration of Texas Library & Archives Commission (“TSLAC”) communicating with the undersigned Respondent regarding a potential contract resulting from the referenced solicitation (e.g., RFP, RFO, IFB, SOW) and because of the sensitivity of certain information provided to Respondent, both parties agree that all information regarding TSLAC or gathered, produced, collected or derived from or related to the potential contract, or provided to Respondent under a resulting contract (“Confidential Information”) must remain confidential subject to release only upon prior written approval of TSLAC, and more specifically agree as follows:

1. The Confidential Information may be used by Respondent only to assist Respondent in connection with the business relationship contemplated in the solicitation or performance of a contract with TSLAC resulting from the solicitation.

2. Respondent shall not, at any time, use the Confidential Information in any fashion, form, or manner except in its capacity as proposed consultant or independent contractor to TSLAC.

3. Unless otherwise provided in the solicitation or resulting contract, Respondent agrees to maintain the confidentiality of all Confidential Information in the same manner that it protects the confidentiality of its own materials of like kind, but in no event less than reasonable care. Respondent shall take reasonable precautions to protect the Confidential Information including, but not limited to, not disclosing Confidential Information in any manner to any person, firm, or entity, except for authorized employees, agents, or contractors of Respondent with a need to know who are bound by confidentiality obligations at least as stringent as those contained in this agreement prior to any disclosure of such Confidential Information.

4. The Confidential Information may not be copied, reproduced, disclosed, distributed, or otherwise divulged without TSLAC's prior written approval. Confidential Information and any copies thereof shall be TSLAC’s exclusive property.

5. All Confidential Information made available to Respondent, including copies thereof, must be returned to TSLAC upon the first to occur of (a) expiration or termination of any contract resulting from the solicitation, or (b) request by TSLAC.

6. The foregoing does not prohibit or limit Respondent’s use of information that is: (a) previously known to it, provided such prior knowledge was not subject to a confidentiality obligation, (b) documented to be independently developed by it by individuals not having access to TSLAC’s Confidential Information, (c) acquired by it from a third party under no obligation of confidentiality to TSLAC, (d) which is or becomes part of the public domain through no breach by Respondent of this nondisclosure agreement or other contractual obligations to TSLAC, or (e) approved by TSLAC in writing in advance for unrestricted disclosure.

7. If Respondent is required by applicable law, regulation, or legal process to disclose any Confidential Information, then Respondent shall provide TSLAC with prompt notice of any such requirement prior to delivery of the Confidential Information to allow TSLAC a reasonable opportunity to seek a protective order or equivalent.

8. This nondisclosure agreement shall become effective as of the date Confidential Information is first made available to Respondent and shall survive the expiration or termination of any contract resulting from the solicitation and be a continuing requirement.

9. The breach of this nondisclosure agreement by Respondent shall entitle TSLAC to immediately terminate any contract with Respondent resulting from the solicitation upon written notice to Respondent for such breach. The parties acknowledge that the measure of damages in the event of a breach of this nondisclosure agreement may be difficult or impossible to calculate, depending on the nature of the breach. Regardless of whether TSLAC elects to terminate any contract with Respondent resulting from the solicitation upon the breach hereof, TSLAC may require Respondent to pay to TSLAC the sum of $5,000 for each breach as liquidated damages. This amount is not intended to be in the nature of a penalty, but is intended to be a reasonable estimate of the amount of damages to TSLAC in the event of a breach hereof by Respondent of this nondisclosure agreement. TSLAC does not waive any right to seek additional relief, either equitable or otherwise, concerning any breach of this nondisclosure agreement.

10. This nondisclosure agreement is governed by and construed under the laws of the State of Texas. Any and all obligations of this agreement are due in Travis County, Texas and venue is proper in only such county.

Signature of Authorized Representative Date Signed

Printed Name & Title of Authorized Representative Company Name



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Appendix E – Conflict of Interest Disclosure Form This form must be included in Vendor’s response. Vendor must disclose any potential conflicts of interest that may exist within the Texas State Library & Archives Commission (TSLAC). If Vendor is connected with TSLAC staff or TSLAC representatives, including the TSLAC Educational Service Provider, in any manner, the nature of the relationship must be disclosed below.

If no conflicts are listed below, Vendor certifies and acknowledges that this is true and accurate upon submission of the Response to this Solicitation. Failure to disclose potential conflict of interests will result in Vendor’s response being disqualified or, if after Award, the Contract will be terminated.

Full Name Nature of Relationship Notes


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Appendix F – TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements

All of the following terms and conditions are hereby incorporated by reference into the Contract between the Texas State Library and Archives Commission (“TSLAC”) and Vendor. Signing a contract containing a false statement is a material breach of contract and shall void the Contract and/or any applicable Purchase Order. In the event of such a breach, the Vendor may be removed from all TSLAC contact lists. A fully executed Purchase Order is also a contract between TSLAC and the Vendor to be performed in accordance with these TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements. By execution of this Contract, Vendor certifies that all statements and information prepared and submitted in the response to the TSLAC solicitation document in connection with this Contract are current, complete and accurate. Vendor hereby agrees to notify TSLAC if any statements or information becomes untrue or needs to be updated or supplemented during the term of this Contract pursuant to Clause 2 below.

Contracts awarded by TSLAC shall be governed by and construed in accordance with the laws of the State of Texas and these TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements. Neither the execution of the Contract by TSLAC, any of its content or attachments, nor any other conduct of any representative of TSLAC relating to the Contract shall be construed to waive the State’s sovereign immunity.

In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, or other Contractual Documents (defined below), such conflicts or inconsistencies shall be resolved by reference to the following order of priority and precedence: these TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements and any attachments thereto; the Contract; any Purchase Order; the TSLAC solicitation identified in the Contract (“Solicitation”) and its exhibits and other attachments; Vendor’s Response to the Solicitation; any Vendor-supplied license or subscription agreement, any other contractual document between the parties and all other attachments and exhibits (collectively the “Contractual Documents”).

1. Notices. Unless specifically noted elsewhere in this Contract, any written notices required under this Contract shall be either delivered to Vendor’s office address specified on the signature page or emailed to the Vendor’s specified point of contact. Notices to TSLAC shall be delivered to TSLAC’s Purchasing Department, 1201 Brazos Street, Room 309, Austin, Texas 78701, or by U.S. Mail, certified, return receipt requested, addressed to the appropriate foregoing address. Notice shall be effective on receipt by the affected party. Either party may change the designated notice address by written notification to the other party.

2. Duty to Disclose. If circumstances change or additional information is obtained regarding any of the representations and warranties, or any other disclosure statements, provided by Vendor subsequent to the date of this Contract, Vendor’s duty to disclose continues through the term of this Contract and any and all renewals or allowable extensions. Vendor shall promptly notify TSLAC in the event that any representations and warranties provided in this Contract are no longer true and correct. Vendor acknowledges that this duty to disclose, and all of Vendor’s representations and warranties contained in any part of its Response to the Solicitation and this Contract are material to TSLAC’s award of this Contract. Vendor shall immediately notify TSLAC in writing of any actual or planned change in the control or ownership of Vendor and of any legal or administrative investigations or proceedings initiated against Vendor regardless of the jurisdiction from which such proceedings originate.

3. Payment. The total amount due by TSLAC under this Contract shall be the amount set forth in the Contract or Purchase Order generated by TSLAC (“Fixed Price”). Payment of the Fixed Price shall be made according to the milestones set forth in the Contract or Purchase Order in accordance with Texas Prompt Payment Act, as specified in the Texas Government Code, Chapter 2251. TSLAC shall not pay any amounts for any purpose to Vendor or any entity, except as expressly provided in the Contract. Prior to authorizing payment of any optional renewal term to Vendor, TSLAC shall evaluate Vendor’s performance using the performance standards and Specifications as defined in Clause 15 set forth in all documents constituting this Contract herein. After successful UAT (as defined in Clause 16) and Acceptance for each Deliverable and/or Configured Service (defined in Clause 16(a)), Vendor shall provide invoices to TSLAC for services provided or performed and for Deliverables for which UAT has been completed by TSLAC and for which Acceptance (defined in Clause 16) has been communicated in writing by TSLAC. Invoices must be submitted not later than the 15th day of the month after Acceptance. No payment whatsoever shall be made under this Contract without the prior submission of detailed, correct invoices. TSLAC reserves the right to make payments only upon receipt of a correct invoice, including all of the required supporting documentation. TSLAC also reserves the right to refuse payments for invoices that exceed the rates specified in the Contract, that exceed the Fixed Price or for


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which the applicable product, Deliverable, Configured Service or other service has been rejected by TSLAC.

4. Most Favored Customer. Notwithstanding any other provision to the contrary, all the benefits, pricing and any hourly rates granted by Vendor to TSLAC herein are at least as favorable as the benefits, pricing and hourly rates granted by Vendor to any previous client of Vendor for services and/or products similar to those provided hereunder. If Vendor enters into any subsequent agreement with any other client during the term of this Contract which provides for benefits, pricing and/or hourly rates that are more favorable than those contained in this Contract, Vendor shall notify TSLAC promptly of the existence of such more favorable benefits, pricing and/or hourly rates and TSLAC shall have the right to receive the more favorable contractual terms immediately. If requested in writing by TSLAC, Vendor hereby agrees to amend this Contract to contain the more favorable benefits, pricing and/or hourly rates.

5. Sales and Use Tax; Other Taxes. TSLAC, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act, Texas Tax Code, Chapter 151. Excise Tax Exemption Certificates are available upon request. Vendor shall not include such taxes on any invoice submitted to TSLAC. Vendor represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, but not limited to, any federal, state, or local income, sales or excise taxes of Vendor or its employees. TSLAC shall not be liable for any such taxes resulting from this Contract.

6. Observance of TSLAC Rules and Regulations. Vendor agrees that at all times its employees, representatives and any subcontractors shall observe and comply with all regulations when accessing the TSLAC facilities, including, but not limited to, parking and security regulations.

7. Non-Appropriation of Funds. The State funds are contingent on the availability of lawful appropriations by the Texas Legislature. If the Texas Legislature fails to continue funding for the payments due under a purchase order, invoice or other document referencing this Contract, the Contract shall terminate as of the date that the funding expires, and the State shall have no further obligation to make any payments. The Contract is subject to such availability of funds and may be terminated if funding becomes unavailable through lack of appropriations, legislative or executive budget cuts or any other disruptions of current appropriations. In such event, TSLAC and the State of Texas shall not be liable to Vendor for any damages related thereto and shall have no further obligation to make any payments to Vendor.

8. Prohibited Use of Appropriated or Other Funds Under Control of State Agency; Lobbying. Vendor represents and warrants that TSLAC’s payment to Vendor and Vendor’s receipt of appropriated or other funds under this or any resulting Contract is prohibited from use to pay or employ a lobbyist. Refer to Texas Government Codes §§ 556.005 or 556.008.

9. Public Information Act. Notwithstanding any provisions of this Contract to the contrary, Vendor understands that TSLAC shall comply with the Texas Public Information Act, Texas Government Code, Chapter 552 (the “Public Information Act” or “PIA”), as interpreted by judicial opinions and opinions of the Office of the Attorney General of the State of Texas (“OAG”). This Contract, any information, documentation, and all other data, material and information in connection with the Solicitation, or generated or otherwise obtained in performance of this Contract may be subject to the Texas Public Information Act and may be subject to public disclosure pursuant to Texas Government Code § 552.021. Any part of a submitted Response that Vendor believes is of a confidential or proprietary nature must be clearly and prominently marked on each page as such by the Vendor, but its treatment as confidential information by TSLAC is subject to a determination by the OAG. Vendor will notify TSLAC within twenty-four (24) hours of receipt of any third-party requests for information to which Vendor has access as a result of or in the course of performance under this Contract. In accordance with Section 2252.907 of the Texas Government Code, and to the extent permitted by the PIA, for a contract involving the exchange and creation of public information, as defined in §552.002 of the PIA, Vendor must make it available in a format that is accessible by the public at no additional charge to the State. Vendor shall cooperate with TSLAC in the production of documents responsive to any Public Information Act request.

10. Confidential Information. Vendor agrees to maintain the confidentiality of information and data received from TSLAC, participating libraries, participating institutions, Authorized Users and/or the State of Texas during the performance of this Contract, including without limitation, information which discloses confidential personal information (collectively “TSLAC Data”), which shall be stored and processed on a server within the Continental United States at all times during the term of this Contract. Vendor shall take all necessary and appropriate action to safeguard all sensitive TSLAC Data and other confidential information of TSLAC from unauthorized disclosure. Whenever the transmission of such TSLAC Data and/or confidential information is necessary, Vendor shall transmit the information electronically, and such electronic transmission shall be secure, and the data encrypted, at a minimum, using 128 AES encryption to protect it from unauthorized disclosure.

11. Antitrust. Vendor represents that neither the Vendor nor the firm, company, corporation, partnership or institution


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represented by the Vendor, nor anyone acting for such firm, company, corporation, partnership or institution has: (a) violated the antitrust laws of the State of Texas under Tex. Bus. & Com. Code, Chapter 15, or the Federal Antitrust Laws; or (b) communicated directly or indirectly Vendor’s response or its content to any competitor or any other person engaged in such line of business during the procurement process for this Contract. Vendor assigns to the State of Texas all of Vendor’s rights, title, and interest in and to all claims and causes of action Vendor may have under the antitrust laws of Texas or the United States for overcharges associated with the Contract.

12. No Conflicts. Vendor represents and warrants that Vendor has no actual or potential conflicts of interest in providing services to TSLAC under this Contract and that Vendor’s provision of services under this Contract would not reasonably create an appearance of impropriety. Without limitation on the foregoing, other disclosures required under this Contract, and other prohibited work provisions of this Contract, Vendor shall, throughout the term of this Contract, comply with and provide all of the following to TSLAC, upon request: a copy of Vendor’s most recent audit, if any, together with a full disclosure of any and all internal control weaknesses, if any; disclosure and detailed description of Vendor’s most recent peer review, if any, stating the date of the review and irregularities, if any, and concluding comments; disclosure and detailed description of any emerging irregularities, if any, that could materially affect TSLAC’s interests; and disclosure and detailed description of how Vendor determines whether Vendor’s outside auditors provide consulting or other services to Vendor or Vendor’s clients or to TSLAC. The Vendor must comply with the Conflict of Interest provisions and disclosure requirements as listed in the Texas Contract Management Guide. https://comptroller.texas.gov/purchasing/docs/contract-management-guide.pdf.

13. Permits, Licenses. Vendor represents and warrants that it has obtained all necessary permits, licenses, easements, waivers, and permissions of whatsoever kind required for its performance, the performance of its subcontractors, and the provision of the Configured Service (as defined herein) and all Vendor Materials (as defined herein) under this Contract.

14. Contract Fulfillment. If federal or state laws or regulations or other federal or state requirements are amended and judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the Contract, the parties shall be discharged from any further obligations under this Contract.

15. Time Limits and Specifications. Time is of the essence in the performance of this Contract. Vendor shall strictly comply with all of the deadlines, requirements, and time schedules of this Contract and the specifications as further described and detailed in the TSLAC Solicitation and Vendor’s Response (collectively “Specifications”). The State shall not be bound by any oral statement or representation contrary to the Specifications.

16. Software Subscription Services.

a. Configuration and Installation. As part of the Fixed Price, software subscription services, underlying software, database resources and/or database interfaces shall be configured by Vendor for TSLAC’s use and Authorized Users’ use in accordance with the Specifications, as defined and detailed in the TSLAC Solicitation and/or Vendor’s Response (“Configured Service(s)”).

b. “Authorized Users” shall mean any patron, employee, staff, representatives, agents and/or users of a TexShare Databases and/or TexQuest Program participating institution (as listed in the TSLAC Solicitation and specified within the contract; and users as supplemented at TSLAC’s discretion), both on-site and remote, all as follows in the descriptions and lists of users and uses throughout subsections (b)(i), (b)(ii), (b)(iii) and (c) below:

i. TexShare Program Users

(1) Public Libraries: library staff and patrons in addition to walk-in visitors to a library at any authorized site;

(2) Institutions of higher education and other academic institutions: students, faculty, visiting scholars, and staff in addition to walk- in visitors to a library at any authorized site;

(3) Texas K-12 public school districts that have entered into formal agreements with one or more institutions of higher education or other academic institutions for Early College High School or dual credit courses and any students, faculty, or staff enrolled in, teaching, or responsible for supporting those courses;

(4) Libraries of clinical medicine as defined in Chapter 13 TAC 8.1: current employees of the institution which is served by the library, patrons of the library, and walk-in visitors to a library at any authorized site;

(5) Authorized users of TexShare member Texas public/K12 combination libraries: registered patrons, students, faculty, staff, families of students and walk-in users while on site;


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(6) Texas State Governmental Agencies: agency employees, staff, representatives, agents, independent contractors or other temporary workers and assignees while performing duties within the scope of their employment or assignment and walk-in visitors to a library at any authorized site;

ii. TexQuest Program Users

(1) Texas K-12 public school libraries and their users (students, faculty, staff);

(2) Texas K-12 public school districts and campus personnel in offices and classrooms;

(3) Institutions of higher education and other academic institutions that have entered into formal agreements with one or more Texas K-12 public school districts for Early College High School or dual credit courses and any students, faculty, or staff enrolled in, teaching, or responsible for supporting those courses;

(4) Public/School Library combination facilities and their users;

(5) Texas Education Service Centers and their personnel;

(6) Parents and families of Texas K-12 public school students;


iii. Applicable to both TexShare and TexQuest programs:

(1) Texas State Library and Archives Commission: agency employees, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment, walk-in visitors to a library at any authorized site, and patrons of library and the Texas Talking Book Program; and

(2) With regard to other types of organizations: employees, independent contractors and other temporary workers while performing duties within the scope of their employment or assignment and any other persons affiliated with TSLAC or a participating institution, and/or otherwise permitted to use its/their facilities and authorized to access TexShare and/or TexQuest resources and/or Services.

c. Interlibrary Loan. TSLAC and participating libraries may enable library users access to materials not available at their local library and fulfill those requests with materials available from other libraries, a practice commonly known as Interlibrary Loan. Those requests result in creating additional Authorized Users of the individual requesters. TSLAC and participating libraries agree to fulfill such requests in accordance with Sections 107 and 108 of the U.S. Copyright Act. Requests may be fulfilled using electronic, paper, or intermediated means and those requesting end users become part of the Authorized Users. This clause applies to both TexShare and TexQuest agreements.

d. Inspection, Testing and Acceptance. All Configured Services provided by Vendor to TSLAC shall be subject to inspection and testing by TSLAC. If applicable, authorized TSLAC personnel shall have access to Vendor’s servers for the purpose of testing and evaluating the Configured Service. If the Configured Services are to be provided in components as separate deliverables (“Deliverables”) as stated in and pursuant to the Specifications, each Deliverable shall be provided in the form specified in the Specifications on the dates set forth in a schedule as set forth in the Contract (“Schedule”). Vendor shall perform testing on each Deliverable and/or the Configured Services to verify conformance with the Specifications and shall provide to TSLAC written results of such testing. All costs shall be borne by the Vendor in the event Deliverables tested fail to meet or exceed all conditions and requirements of the Specifications.

e. User Acceptance Testing. TSLAC personnel shall perform user acceptance testing (“UAT”) after completion of Vendor testing on each Deliverable, or the Configured Services as applicable. Upon TSLAC’s determination, in its discretion, that each Deliverable or Configured Services have passed all installation, configuration and testing requirements as set forth in the Specifications and/or Statement of Work, TSLAC shall provide to Vendor a notice of acceptance (“Acceptance”) for that particular Deliverable, or for the Configured Service in total, as applicable.

f. Security Testing. After or during completion of UAT, at the discretion and according to TSLAC protocols in TSLAC’s sole discretion, TSLAC may elect to conduct security tests on the Deliverables and/or Configured Services to test for denial-of-service attacks (DoS and DDoS attacks), hacking attacks, and similar potential risks, intrusions and interferences to test each Deliverable’s or the Configured Services’ resistance to such. The dates for such Security Tests shall be set forth in the Schedule, and/or added at the discretion of TSLAC. All Deliverables


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shall be in conformance with all applicable laws and regulations including without limitation, Texas Administrative Code, Title 1, Part 10, Chapter 202 Subchapter B (information security standards), Chapter 206 (agency website) and Chapter 213 (accessibility standards). Vendor shall maintain appropriate technical measures during the term to backup all Deliverables and TSLAC Data and to protect such from unauthorized or unlawful access. In the event any Deliverable or the Configured Service fails any Security Test, Vendor shall hold TSLAC harmless from any cost or delay in generating a corrected Deliverable and/or a fully Configured Service that can successfully pass such Security Test.

g. Delay in Installation. The Parties agree that if Vendor deviates from the Schedule for the delivery or testing of any of the Deliverables and/or Configured Services (“Vendor Delay”), and such Vendor Delays accumulate to a total of thirty (30) days (“Thirty”), then Vendor shall credit against the Fixed Price each thirty (30) day period that the libraries or Authorized Users within the program have been without access to the Configured Service. Such credit shall be refunded to TSLAC promptly upon request from TSLAC. Latent defects in the Configured Service may result in revocation of award and termination of this Contract.

17. Warranties. In addition to any warranty obligations in the Specifications and/or Vendor Response, Vendor hereby represents and warrants:

(a) that Vendor shall perform the project and provide any Configured Service and/or Deliverables with the professional skill and care ordinarily provided by comparable professionals in the same industry and all such Configured Services, Deliverables and contract performance shall be compliant with the General Data Protection Regulation of the European Union, to the extent applicable;

(b) that each of the Vendor’s employees and agents assigned to perform Vendor’s obligations under this Contract shall have the skill and training to perform the Project in accordance with the foregoing standard of care, and that the Configured Service and all Deliverables shall be produced in a professional and workmanlike manner;

(c) that the Configured Service and all Deliverables provided hereunder shall comply with the Accessibility Standards set out in Texas Administrative Code, and shall conform to and shall be fit for their particular purpose as set forth in this Contract, and in the Specifications;

(d) that all contract performance, all usage and other reports, Configured Service, all of its content, and Deliverables provided under the Contract are, and will be, free of all liens, claims and other restrictions, and that TSLAC’s use and possession of such Deliverables will not violate the terms or conditions of any license, confidentiality agreement, non-competition agreement, employment agreement or any other agreement to which Vendor, its agents, officers, employees or subcontractors may be subject;

(e) that Vendor has the right to provide and configure any Configured Service and/or other Deliverables to TSLAC as contemplated under this Contract, free from infringement claims, free from violations of unfair competition law, and free from violations of any other contact or law; and

(f) that information and content accessed through any Configured Service and any Deliverable has been sufficiently vetted by Vendor and all such information and content shall be accurate, complete and reliable.

These representations and warranties are essential and material to TSLAC’s willingness to enter into this Contract.

18. Dispute Resolution. Unless an applicable state statute or applicable federal law establishes another procedure for the resolution of disputes, the dispute resolution process provided for in Texas Government Code, Chapter 2260 shall be used, as further described herein, by TSLAC and the Vendor to resolve all disputes arising under this Contract. Vendor claims for breach of this Contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in the Texas Government Code, Chapter 2260, Subchapter B. To initiate the process, Vendor shall submit written notice, as required by Subchapter B, to the Chief Financial Officer or the designate. Said notice shall specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of Vendor and TSLAC otherwise entitled to notice under the parties' contract. Compliance by Vendor with Subchapter B is a condition precedent to the filing of a contested case proceeding under the Texas Government Code, Chapter 2260, Subchapter C. The contested case process, provided in the Texas Government Code, Chapter 2260, Subchapter C, is Vendor’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by TSLAC if the parties are unable to resolve their disputes under this Clause. Compliance with the contested case process provided in Subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Contract by TSLAC nor any other conduct of any representative of TSLAC relating to this Contract shall be considered a waiver of sovereign immunity to suit. The submission, processing and resolution of Vendor’s claim is


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governed by the published rules adopted by the Office of the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found in the Texas Administrative Code. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Vendor, in whole or in part.

19. No Gifts. The Vendor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response or the Contract. Violation of this requirement may result in the termination of this Contract at TSLAC’s discretion. In addition, under Section 2155.004, Texas Government Code, the Vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated, and payment withheld if this certification is inaccurate.

20. No Compensation for Participation in the Procurement Process. Pursuant to the Texas Government Code § 2155.004, the Vendor has not received compensation for participation in the preparation of the Specifications for this Solicitation or Contract.

21. Certification Regarding Non-Payment of Child Support. Pursuant to Family Code § 231.006, relating to child support obligations, Vendor certifies that the individual or business entity named in the response to this Solicitation or Contract is not ineligible to receive the specified payment and acknowledges that this Contract may be terminated, and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to § 231.006 must include names and social security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award.

22. Eligibility. Under Texas Government Code § 2155.004, the Vendor certifies that the individual or business entity named in the Response to this Solicitation or Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated, and payment withheld if this certification is inaccurate. Vendor represents and warrants that it is not delinquent in the payment of any franchise taxes owed the State. Vendor certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Vendor is in compliance with the State of Texas statutes and rules relating to procurement.

23. Debarred Vendors List. Vendor represents and warrants that it and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local government entity and that Vendor is in compliance with the State statues and rules relating to procurement and that Vendor or its subcontractors are not listed on the federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov/.

24. Indemnification. VENDOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS TSLAC, ALL TEXSHARE AND/OR TEXQUEST PARTICIPATING LIBRARIES AND INSTITUTIONS, ALL AUTHORIZED PERSONNEL, AUTHORIZED ACCOUNT HOLDERS, ALL CONCURRENT USERS AND AUTHORIZED USERS, AND THE STATE OF TEXAS AND CUSTOMERS, AND/OR ITS/THEIR OFFICERS, AGENTS, REPRESENTATIVES, ASSIGNEES, DESIGNEES AND EMPLOYEES, AND CONTRACTORS, FROM ANY AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES AND COURT COSTS AND EXPENSES, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM ANY CLAIMS ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, INTENTIONAL CONDUCT AND/OR ACTS OR OMISSIONS OF VENDOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF VENDOR IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT, ANY PURCHASE ORDER, AND/OR ANY SERVICE, CONFIGURED SERVICE, DELIVERABLE OR PRODUCT PROVIDED HEREUNDER, AND/OR VENDOR’S USE OF, OR ACQUISITION OF, ANY REQUESTED SERVICES, CONFIGURED SERVICE, DATABASE OR OTHER ITEMS PROVIDED TO TSLAC BY VENDOR OR OTHERWISE TO WHICH TSLAC HAS ACCESS AS A RESULT OF VENDOR’S PERFORMANCE HEREUNDER. VENDOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS OFFICE OF THE ATTORNEY GENERAL (“OAG”) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWUIT OR AS REQUESTED BY TSLAC. VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. VENDOR AND TSLAC AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE VENDOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OF TEXAS OR TSLAC FOR ANY CLAIMS OR LIABILITIES


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RESULTING FROM THE NEGLIGENT ACTS OR OMISSISSION OF TSLAC OR ITS EMPLOYEES, OR EMPLOYEES OF PARTICIPATING LIBRARIES.

25. Infringement Indemnity. VENDOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TSLAC, THE STATE OF TEXAS, ALL TEXSHARE AND/OR TEXQUEST PARTICIPATING LIBRARIES AND INSTITUTIONS, ALL AUTHORIZED PERSONNEL, AUTHORIZED ACCOUNT HOLDERS, ALL CONCURRENT USERS AND AUTHORIZED USERS, AND/OR THEIR OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL THIRD PARTY CLAIMS INVOLVING INFRINGEMENT OF PATENTS, TRADEMARKS AND SERVICE MARKS, COPYRIGHTS, TRADE SECRETS AND/OR OTHER PROPRIETARY RIGHTS, AND ANY OTHER INTELLECTUAL PROPERTY OR INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS IN CONNECTION WITH THE PERFORMANCE OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT, ARISING FROM TSLAC’S OR VENDOR’S USE OF OR ACQUISITION OF ANY SERVICES, CONFIGURED SERVICE, DATABASE OR OTHER ITEMS PROVIDED TO TSLAC BY VENDOR, OR OTHERWISE TO WHICH TSLAC HAS ACCESS AS A RESULT OF VENDOR’S PERFORMANCE UNDER THIS CONTRACT, AND/OR ASSOCIATED WITH OR ARISING FROM ANY CONTRACT PERFORMANCE, DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE, VENDOR MATERIALS OR OTHER SERVICE, PRODUCTS OR ITEMS PROVIDED HEREUNDER. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INLCUDING ATTORNEY’S FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR REPRESENTS THAT IT HAS DETERMINED WHAT LICENSES, PATENTS AND PERMITS ARE REQUIRED UNDER THIS CONTRACT AND HAS ACQUIRED ALL SUCH LICENSES, PATENTS AND CLAIMS.

IF VENDOR BECOMES AWARE OF AN ACTUAL OR POTENTIAL CLAIM, OR TSLAC PROVIDES THE VENDOR WITH NOTICE OF AN ACTUAL OR POTENTIAL CLAIM, VENDOR MAY (OR IN THE CASE OF AN INJUNCTION AGAINST TSLAC, SHALL) AT VENDOR’S SOLE OPTION AND EXPENSE; (OR IN THE CASE OF AN INJUNCTION AGAINST TSLAC, SHALL) AT VENDOR’S SOLE OPTION AND EXPENSE; (1) IMMEDIATELY PROCURE FOR TSLAC THE RIGHT TO CONTINUE TO USE THE AFFECTED PORTION OF THE PRODUCT OR SERVICE, (2) IMMEDIATELY MODIFY OR REPLACE THE AFFECTED PORTION OF THE PRODUCT OR SERVICE WITH FUNCTIONALLY EQUIVALENT OR SUPERIOR PRODUCT OR SERVICE SO THAT TSLAC’S USE IS NON-INFRINGING; OR (3) IMMEDIATELY PROVIDE TO TSLAC A PRO-RATA REFUND OF THE FIXED PRICE PAID FOR THE AFFECTED PORTION OF THE PRODUCT OR SERVICE.

26. Waiver of Consequential Damages. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, ANTICIPATED OR OTHERWISE, OR LOSS OF REVENUES IN CONNECTION WITH OR ARISING OUT OF, OR IN CONNECTION WITH, THE SUBJECT MATTER OF THIS CONTRACT.

27. Debt. Vendor agrees that any payments due under this Contract shall be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Vendor shall comply with rules adopted by TSLAC under Texas Government Codes §403.055, § 403.0551, § 2252.903 and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State.

28. Executive Head of a State Agency. Pursuant to Texas Government Code §669.003, TSLAC may not enter into a contract with a person who employs a current or former executive head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a response to the Solicitation or entering into this Contract, Vendor certifies that it does not employ any person who was the executive head of a state agency in the past four years. If Vendor employs or has used the services of a former executive head of OAG or other state agency, then Vendor shall provide the following information: Name of former executive, name of state agency, date of separation from state agency, position with Vendor, and date of employment with Vendor.

29. Record Retention and State Auditor’s Clause. Vendor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payment under this Contract funds were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Vendor shall maintain all such documents and other records relating to this Contract and the


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State’s property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Vendor shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the services and “Work Product” as defined herein in Clause 36. Vendor and the subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit. Vendor must retain all records and other supporting documents pertaining to the Work Product and/or this Contract, for purposes of inspecting, monitoring, auditing, or evaluating by TSLAC and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor. In addition to and without limitation on the other audit provisions of this Contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s Office may conduct an audit or investigation of Vendor or any other entity or person receiving funds from the State directly under this Contract or indirectly through a subcontract under this Contract. Vendor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, Vendor or other entity that is the subject of an audit or investigation by the State Auditor’s Office must provide the State Auditor’s Office with access to any information the State Auditor’s Office considers relevant to the investigation or audit. Vendor further agrees to cooperate fully with the State Auditor’s Office or its successor in the conduct of the audit or investigation, including providing all records requested. Vendor shall ensure that this concerning the authority to audit funds received indirectly by subcontractors through Vendor and the requirement to cooperate is included in any subcontract it executes in connection with the performance of this Contract. The State Auditor’s Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Vendor related to this Contract.

30. Corrective Action Plan. If TSLAC discovers issues of unsatisfactory performance, which includes but not limited to: Configured Services, access to resources, and reporting data, as defined in this Contract, TSLAC will request a “Corrective Action Plan” from the Vendor. Upon request from the TSLAC, the Vendor must deliver a Corrective Action Plan within ten (10) business days that will then be reviewed for acceptance by the TSLAC Contract Manager. The Corrective Action Plan will address and correct all unsatisfactory performance within thirty (30) days of receipt. Failure to correct the unsatisfactory performance within the allotted times will be grounds for termination.

31. Independent Contractor. Vendor and/or Vendor’s employees, representatives, agents, and any subcontractors shall serve as an independent contractor in providing goods or services under this Contract. Vendor or Vendor’s employees, representatives, agents and any subcontractors shall not be deemed to be employees of TSLAC.

32. Subcontracting. It is contemplated by the parties hereto that the Vendor shall conduct the performances provided by this contract substantially with its own resources and through the services of its own staff. In the event the Vendor should determine that it is necessary or expedient to subcontract for any of the performances specified herein, the Vendor shall subcontract for such performances only after the Vendor has transmitted to TSLAC a true copy of the subcontract the Vendor proposes to execute with a subcontractor and has obtained TSLAC's written approval for subcontracting the subject performance in advance of executing a subcontract. Vendor, in subcontracting for any products or performances specified herein, expressly understands and acknowledges that in entering into such subcontracting(s), TSLAC is in no manner liable to any subcontractor(s) of the Vendor. In no event shall this provision, or the use of subcontractors, relieve the Vendor from: (a) full performance of this Contract; (b) compliance with all terms and conditions hereof; and/or (c) the responsibility for ensuring that the finished products and/or services rendered under all subcontracts comply with all terms of this Contract. Vendor hereby agrees to include in its subcontracts all applicable TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements. In no event shall this provision relieve the Vendor of the responsibility for ensuring that the services provided under all subcontracts are rendered in compliance with the Specifications, and that all such subcontractors comply with these TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements and the terms and conditions of any subcontract. Vendor agrees that Vendor and Vendor's employees, subcontractors and agents have no employer-employee relationship with TSLAC. TSLAC shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation insurance payments, or any other insurance payments, nor will TSLAC furnish any medical or retirement benefits, any paid vacation or sick leave.

33. News Releases, Advertisements, Publicity and TSLAC Trademark License Grant to Vendor. TSLAC does not endorse any vendor, contractor, commodity or service. Vendor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or in any means or media, nor shall Vendor use any photographs or video recordings of TSLAC's name in connection with any sales promotion, news release or publicity event without the prior express written approval of TSLAC. Vendor shall not make any news releases, public


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announcements, or public disclosures, nor shall it have any conversations with representations of the news media, pertaining to this Contract, without the express, prior written approval of TSLAC, and then only in accordance with explicit written instruction from TSLAC. Vendor shall not use the name of the State of Texas or TSLAC, nor any TSLAC trademark or logo (“Marks”), in any advertisement, promotion, or otherwise for any without the express prior written consent of TSLAC. If TSLAC, in its sole discretion, determines that Vendor needs to use TSLAC’s Marks, Vendor’s use of TSLAC’s Marks shall be for the term of this Contract, pursuant to a limited, non-exclusive, royalty-free, non- assignable, non-transferable license to reproduce the Marks on published materials and announcements that have been approved in advance in writing by TSLAC and that meet TSLAC’s quality standards expressly conditional upon, and subject to, the following:

(i) Vendor’s performance of its obligations in compliance with all provisions of the Contract, and in accordance with the performance and quality standards herein;

(ii) Vendor’s license to use the Marks cannot be sublicensed, and Vendor shall make no attempt to sublicense any rights under this Contract;

(iii) Vendor’s use of the Marks shall be exclusively in conformance with, and according to the manner and form of TSLAC’s guidelines on trademark usage, as communicated by TSLAC to Vendor;

(iv) Vendor shall comply with any marking requests TSLAC may make in relation to the Marks, including without limitation to use the phrase “Registered Trademark”, the symbol “™”, the registered trademark symbol “®” and/or any equivalent thereof; and

(v) Vendor is, at all times during the term hereof, compliant with all applicable Vendor responsibilities and State and Federal regulations and requirements, and provided that Vendor’s certifications and warranties as set forth herein remain true.

Vendor hereby acknowledges and agrees that the Marks remain the exclusive property of TSLAC, that all right, title and interest in and to the Marks is exclusively held by TSLAC, and all goodwill associated with such Marks inures solely to TSLAC. Vendor shall take no action to damage the goodwill associated with the Marks or the goodwill associated with TSLAC. Vendor shall not contest, attack, dispute, challenge, attempt to cancel, oppose or seek to challenge in any manner or in any forum TSLAC’s right, title, and interest in and to the Marks and/or the validity of the Marks or these licensing terms. Vendor shall not seek to register the Marks as a domain name or part of any domain name and shall not combine the Marks with other trademarks without TSLAC’s advance written approval. Vendor acknowledges and agrees that it shall not acquire any rights to the Marks, other than as specifically set forth herein, and shall make no attempt to assert any ownership rights in any of the Marks. Upon expiration or termination of this Contract for any reason, all rights granted to Vendor with respect to the Marks shall cease, and Vendor shall immediately discontinue all use of the Marks.

34. Trademark License Grant to TSLAC from Vendor. Vendor hereby grants to TSLAC and all participating libraries a non-exclusive, perpetual, irrevocable, worldwide, transferable, fully paid, royalty-free, right and license: (a) to reproduce and use Vendor’s trademarks and logos on TSLAC’s TexShare and/or TexQuest websites, on published materials and announcements related to the TexShare and TexQuest related services hereunder and in connection with the performance of this Contract and TSLAC’s use of the Configured Services and Vendor Materials, and in connection with projects and publications associated therewith, in each case without any restrictions and without accounting to Vendor; and (b) to sublicense any or all such rights to third parties.

35. No Waiver. Nothing in this Contract shall be construed as a waiver of the state’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. TSLAC does not waive any privileges, rights defenses, or immunities available to TSLAC by entering into this Contract or by its conduct prior to or subsequent to entering into this Contract.

36. Property Rights. For purposes of this Contract, the term "Work Product" is defined as reports provided to TSLAC by Vendor in fulfillment of requirements of this Contract, including but not limited to reports on usage, such as monthly data files adhering to COUNTER reporting requirements and any charts or visualizations based upon such data files, and training reports, including both attendance and evaluation reports. TSLAC and Vendor expressly intend and agree that this Contract is and shall be a contract for services, and each considers the Work Product to be a work made for hire. All Work Product performed, generated, created and/or provided to TSLAC pursuant to this Contract is made the


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sole and exclusive property of TSLAC. All right, title and interest in and to said Work Product shall vest in TSLAC upon creation and shall be deemed to be a work made for hire and made in the course of the services rendered pursuant to this Contract. To the extent that title to any such Work Product may not, by operation of law, vest in TSLAC, or such Work Product may not be considered a work made for hire, Vendor hereby irrevocably sells, assigns and transfers to TSLAC, its successors and assigns, all rights, title and interest therein, including without limitation all intellectual property rights embedded therein or associated therewith, without any further consideration or action. Vendor and Vendor’s employees shall have no rights of ownership of the Work Product or any other property of TSLAC. In addition to compliance with testing and acceptance provisions of the Contract, Vendor must deliver to TSLAC, no later than forty-eight (48) hours after receipt of TSLAC’s written request for same, all completed or partially completed Work Product, and all versions and portions thereof. Vendor’s failure to timely deliver such Work Product shall be considered a material breach of the Contract. With the prior written approval of TSLAC, this forty-eight (48) hour period may be extended for delivery of certain completed or partially completed Work Product or other such information, if such extension is in the best interest of the State of Texas or TSLAC. If Vendor fails to deliver such Work Product within forty-eight (48) hours after receipt of written request for same, TSLAC may create a Corrective Action Plan as specified in Clause 30, TSLAC may withhold all authorization for payment of future renewals or invoices, and may, because of the difficulty of calculating actual damages, impose liquidated damages of $1,000 per each twenty-four (24) hour period of delay, or a pro rata amount for any portion of each such twenty-four (24) hour period. These liquidated damages are not intended to be a penalty and are in addition to other remedies and rights that are applicable or available to TSLAC for such failure or delay under this Contract. Other work papers, specifications, documentation, interface designs, and research developed, produced or generated in connection with, or as a result of, the services provided under this Contract (“Other Materials”) shall NOT be considered Work Product. Vendor hereby grants to TSLAC, and TSLAC accepts, a perpetual, non-exclusive, irrevocable, worldwide, unlimited, fully paid, royalty-free right and license to use, reproduce, copy, modify, create derivative works of, publicly display, and otherwise exploit such Other Materials, and to allow Authorized Users to do so, as needed for TSLAC contract management and externally for communication with all TexShare and/or TexQuest participating libraries and participating institutions.

37. License to Vendor Materials. “Vendor Materials” does not include “Work Product” as defined in Clause 36 above and consists of all pre- existing or third-party materials, including pre-existing or third-party equipment, software, software platforms, software development tools, databases, database content, algorithms, data, designs, specifications, or information developed independently of the services hereunder or that was/were pre-existing before the execution of this Contract, and any pre-existing Vendor or third-party know-how, methodologies, innovations, trade secrets or processes used by Vendor to provide services to TSLAC and any copyrights, trademarks, patents, or any other proprietary rights therein. Vendor hereby grants to TSLAC, TexShare and/or TexQuest participating libraries and institutions (and Authorized Personnel, Authorized Account Holders, Concurrent Users and all other Authorized Users) and TSLAC, and TexShare and/or TexQuest participating libraries and institutions and Authorized Users accept, a non-exclusive, non-transferable, irrevocable, worldwide, fully paid, royalty-free, right and license for the term of this Contract, and any renewals thereof, to access, use, reproduce, download content from, store, link to, cache, copy, include database content in course-packs, text and data mining and other scholarly research mechanisms, notations and distributions, modify, create derivative works of, publicly display, publicly perform, the database content, Configured Services, Deliverables all Vendor Materials, and all other products and services provided by Vendor, and to allow TSLAC’s third party contractors to exercise the foregoing rights for TSLAC’s business purposes, and/or for other uses permitted under the U.S. Copyright Act, including without limitation Section 107 and Section 108 (collectively “License”). As part of this License, TSLAC has the right and license to create application interfaces to the Configured Service and load its content and data into the Configured Services provided by Vendor on the server of Vendor or its third-party subcontractors. Vendor represents, warrants, and agrees that it has the right to use, utilize, grant access to, or provide the Vendor Materials, Configured Service, Deliverables, databases and content in the provision of services to TSLAC under this Contract. Vendor represents, warrants, and agrees that neither the Vendor Materials, nor the services, Configured Services, databases and/or content therein, infringes the intellectual property rights of any third-party and shall defend and hold TSLAC harmless against any such claims (including but not limited to the payment of all costs and expenses incurred by TSLAC in relation to any such third-party claims). In such case, such claim of infringement shall be considered a material breach under Clause 50 and/or 51 of these TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements and entitle TSLAC to all remedies thereunder. Alternatively, in the sole discretion of TSLAC, upon written receipt of written request, Vendor shall replace or change all or any part of the infringing items in order to avoid any such continued infringement, subject to the other clauses herein.

38. Deceptive Trade Practices Act (DTPA). Vendor represents and warrants that it has not been the subject of a Deceptive Trade Practices Act or any unfair business practice administrative hearing or court suit, and that Vendor has


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not been found to be guilty of such practices in such proceedings. Vendor certifies that it has no officers who have served as officers of other entities who have been the subject of a Deceptive Trade Practices Act or any unfair business administrative hearing or court suit, and that such officers have not been found to be guilty of such practices in such proceedings.

39. Immigration. Vendor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986, the Immigration Act of 1990 (“Immigration Act”), and the Illegal Reform and Immigrant Responsibility Act of 1996 (“IRIRA”) regarding employment verification and retention of verification forms for any individuals hired who shall perform any labor or services under this Contract. Vendor also represents and warrants that it shall comply with the requirements of the Immigration Act regarding creation of the lottery system for granting visas and IRIRA which created three (3) year, ten (10) year and permanent bars to entrance into the United States.

40. Criminal Conviction Certification. The Vendor represents and warrants that Vendor has not and Vendor’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Vendor has fully advised TSLAC as to the facts and circumstances surrounding the conviction. Vendor has a continuing duty to amend, supplement or correct this representation and warranty not later than ten (10) days after discovering additional information relating to felony criminal convictions of Vendor or any of its employees. Vendor shall not allow any employee convicted of a felony criminal offense to perform tasks related to the contract without such disclosure and express permission from TSLAC.

41. Assignment; Change of Control. The Vendor shall not assign or transfer its rights under this Contract or delegate the performance of its duties under this Contract without prior written approval from TSLAC. Vendor shall immediately notify TSLAC in writing of any actual or planned change in the control or ownership of Vendor and of any legal or administrative investigations or proceedings initiated against Vendor regardless of the jurisdiction from which such proceedings originate.

42. Accessibility. TSLAC is required to follow Texas Administrative Code, Title 1, Part 10, Chapter 206, Accessibility and Usability of State Web Sites, Texas Administrative Code, Title 1, Part 10, Chapter 213, and the Federal Section 508, Accessibility Standards.

43. Ethics. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Texas Government Code § 2155.003. The rule outlines the ethical standards required of public purchaser, employees, and contractors who interact with public purchasers in the conduct of state business. Specifically, a TSLAC employee may not have an interest in, or in any matter be connected with a Contract or Purchase Order for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Entities who are interested in seeking business opportunities with the state must be mindful of these restrictions when interacting with public purchasers of TSLAC or purchasers of other state agencies.

44. Convictions in connection with Hurricane Katrina, Hurricane Rita, and subsequent disasters. Per Senate Bill 608, 80th Legislative Session, TSLAC shall not accept responses to solicitations, nor award contracts to persons convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Katrina, Hurricane Rita, and subsequent disasters. Under Section 2155.006(b) of the Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, Vendor certifies that the individual or business entity named in this bid is not ineligible to enter into this Contract.

45. Equal Opportunity. Vendor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age and disability in the performance of this Contract.

46. E-Verify. Vendor hereby certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of:


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1. all persons employed to perform duties within Texas, during the term of the Contract; and

2. all persons, including subcontractors, assigned by Vendor to perform work pursuant the Contract within the United States of America.

47. Drug Free Workplace. The Vendor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100- 690, Title V, Subtitle D; 41 U.S.C 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the Vendor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued.

48. Force Majeure. Neither the Vendor nor TSLAC shall be liable to the other for any delay in, or failure of performance, of any requirement included in this Contract caused by Force Majeure, as defined below. The existence of such causes of Force Majeure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform. “Force Majeure” is defined as acts of God, war, fires, explosions, hurricanes, floods, or other causes that are not a result of the non-performing party’s negligence, that are beyond the reasonable control of the non-performing party, and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome or circumvent through the use of alternate sources, word-around plans, or other means. The non-performing party must immediately notify the other party by telephone, and confirm the notice in writing, with proof of receipt, within three (3) business days of the existence of such Force Majeure, or otherwise waive this right as a defense.

49. Termination by Vendor. Vendor shall have the right to terminate this Contract upon a material breach of its terms by TSLAC, which are not cured within sixty (60) days of written notice.

50. Default or Abandonment by Vendor. If the Vendor fails to provide the products or services contracted for according to the provisions of the Contract or fails to comply with any of the terms and conditions of the Contract within 10 days after receipt of written notice of such failure, TSLAC may, upon written notice of default to the Vendor, immediately terminate all or any part of the Contract. Termination is not an exclusive remedy but shall be in addition to any other rights and remedies provided in equity, by law or under the Contract, and shall not affect or relieve Vendor from any obligation or liability that may have been incurred or shall be incurred pursuant to this Contract. If Vendor materially defaults on this Contract, TSLAC reserves the right to cancel the Contract without notice and either re-solicit or re-award the Contract to the next best responsive and responsible respondent. The defaulting Vendor shall not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope of work significantly changed. The period of suspension shall be determined by TSLAC based on the seriousness of the default.

If TSLAC terminates the Contract for default, Vendor shall refund the pro-rata share of the Fixed Price, or license or subscription fee, as applicable, within (60) days of termination. TSLAC may exercise any other right, remedy or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract, or to recover damages for the breach of any agreement being derived from the Contract. The exercise of any of the foregoing remedies shall not constitute a termination of the Contract unless the TSLAC notifies the Vendor in writing prior to the exercise of such remedy. The Vendor shall remain liable for all covenants, representations, warranties and indemnities under the Contract. Vendor shall be liable for all costs and expenses, including court costs, incurred by TSLAC with respect to the enforcement of any of the remedies listed herein.

51. Termination by TSLAC for Cause. If TSLAC becomes aware that any statements or information provided by Vendor has/have become untrue, and/or Vendor: (a) fails to provide the contracted for commodities and or services according to the provisions of the Contract; or (b) fails to comply with any of the terms or conditions of the Contract; then TSLAC may, upon written notice of default to Vendor, immediately terminate all or any part of the Contract without any further obligation to Vendor for the terminated portion. Termination is not an exclusive remedy but shall be in addition to any other rights and remedies provided in equity, by law or under the Contract. To the extent TSLAC prepaid any portion of the Fixed Price for services required under this Contract, Vendor shall, within sixty (60) days of termination under this provision, provide TSLAC a prorated refund of the Fixed Price, subscription and/or license fee(s) for the periods remaining under the Contract term, in addition to any other rights and remedies available to TSLAC.

52. Termination by TSLAC due to Vendor Ceasing Business Operations. If Vendor:


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a) terminates or suspends its business;

b) becomes subject to any bankruptcy or insolvency proceeding under any Federal or State statute; and/or

c) becomes or subject to direct control by a trustee, receiver, or similar authority; and/or

d) is subjected to a change in control or ownership;

TSLAC may, in addition to its other legal rights and remedies, terminate this agreement after seven (7) days’ notice to Vendor. Upon such termination, Vendor shall only invoice for services received and accepted by TSLAC up to the date of termination. To the extent TSLAC prepaid any portion of the Fixed Price, for services required under this Contract, Vendor shall, within sixty (60) days of termination under this provision, provide TSLAC a prorated refund of the Fixed Price, subscription and/or license fee(s) for the periods remaining under the Contract term, in addition to any other rights and remedies available to TSLAC.

53. Termination for Convenience. TSLAC reserves the right, in its sole discretion, to terminate the Contract, in whole or in part without penalty, on thirty (30) days written notice to the Vendor for convenience of TSLAC. TSLAC also reserves the right, in its sole discretion, to terminate the Contract immediately, with written notice to the Vendor, if TSLAC determines that such termination is in the best interests of TSLAC or the State of Texas. In the event of such a termination, Vendor shall, unless otherwise mutually agreed upon in writing, cease all work, activity, or other performance under the Contract immediately upon the effective date of termination. Upon such termination, Vendor shall only invoice for services and goods that are completed, received and accepted by TSLAC up to the date of termination. In addition, to the extent TSLAC prepaid any portion of the Fixed Price, for services required under this Contract, Vendor shall, within sixty (60) days of termination under this provision, provide TSLAC a prorated refund of the Fixed Price, subscription and/or license fee(s) for the periods remaining under the Contract term.

54. Termination Remedies. Upon an event of default, or termination in accordance with Clause 50 and/or Clause 51 above, TSLAC, without limiting any other rights or remedies it may have by law, equity, or under this Contract, shall have the right to institute an action for actual damages and/or injunctive relief and/or to terminate the Contract immediately upon written notice. TSLAC’s termination of this Contract shall not limit or waive any remedies TSLAC may have for breach by Vendor of its past, present, or future duties and obligations created by this Contract or otherwise required by applicable law. All remedies available to TSLAC for breach of this Contract by Vendor are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Liquidated damages, actual damages, cost projections, injunction relief and/or performance bonds may also be invoked either separately or combined with any other remedy in accordance with applicable law. In the event that the Contract is terminated for any reason, or upon its expiration, TSLAC shall retain ownership of all Work Product obtained from the Vendor under the Contract, and Vendor hereby agrees to promptly provide to TSLAC all Work Product, all portions, versions and partially completed components thereof.

55. Transition of TSLAC Data upon Termination. Upon expiration or termination of the Contract for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new agreement, including without limitation providing TSLAC all TSLAC Data, in a form as requested by TSLAC, within 20 days of expiration or termination, without any additional cost to TSLAC.

56. Survival of Terms. Termination of this Contract for any reason shall not release the Vendor from any liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, trademark license grant to TSLAC, dispute resolution, invoice and fees verification.

57. Severability. If any provision or term of the Contract is construed to be illegal or invalid, or is to any extent illegal, invalid or incapable of being enforced, such construction shall not affect the legality or validity of any of the Contract’s other provisions and such illegal, invalid or unenforceable provision or term shall be excluded to the extent of such illegality, invalidity or unenforceability; to the extent permitted and possible, the illegal, invalid or unenforceable term shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such replaced term. The illegal or invalid provision shall be deemed severable and stricken from the Contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect.

58. Headings. The headings for each Clause of this document are stated for convenience only and are not to be construed as limiting.


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59. Applicable Law and Venue. Vendor agrees that the Contract in all respects shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its provisions regarding conflicts of laws. Vendor also agrees that the exclusive venue and jurisdiction of any legal action, claim or suit arising hereunder, or concerning this Solicitation and any resulting Contract and/or Purchase Order is, and that any such legal action or suit shall be brought, in a court of competent jurisdiction in Travis County, Texas.

60. Limitation on Authority; No Other Obligations. Vendor shall have no authority to act for or on behalf of TSLAC or the State of Texas except as expressly provided for in the Contract; no other authority, power or use is granted or implied. Vendor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas or TSLAC.

61. Insurance & Other Security. Vendor represents and warrants that it will, upon five (5) days of request, provide TSLAC with current certificates of insurance or other proof acceptable to TSLAC of the following insurance coverages:

a) Standard Workers Compensation Insurance as required by the Texas Workers’ Compensation Act and Employers’ Liability covering all personnel who will provide services under the Contract with the following limits:

• $500,000 policy

• Each Accident limit: $100,000 bodily injury;

• $100,000 bodily injury by disease;

• Containing a waiver of subrogation as to the Texas State Library & Archives Commission;

b) Commercial General Liability Insurance, including Independent Vendor’s Liability and blanket Contractual Liability Covering, but not limited to, the liability assumed under the indemnification provisions of this Contract; the CGL policy shall be written on an occurrence basis and include endorsement CG2503 Amendment of Aggregate Limits of Insurance (per project) or its equivalent. Occurrence based:

• Each Occurrence limit: $1,000,000

• General Aggregate limit: $1,000,000

• Medical Expense each person: $5,000

• Personal Injury (including death) & Advertising Liability: $500,000

• Bodily injury and Property Damage: $500,000

• Products/Completed Operations Aggregate Limit: $1,000,000

• Damage to Premise Rented to You: $50,000

c) Professional Liability Insurance: $500,000 minimum each occurrence limit; $1,000,000 minimum aggregate limit

d) Comprehensive Automobile Liability Insurance; covering owned, hired, and non-owned vehicles, as well as loading and unloading hazards with a minimum combined single limit for bodily injury (including death) and property damage: Each occurrence limit: $500,000

e) Employers Liability: Each Accident - $1,000,000

f) Disease – Each Employee: $1,000,000

g) Disease – Policy Limit: $1,000,000

Vendor represents and warrants that all of the above coverage is with companies licensed in the state of Texas, with 'A' rating from A.M. Best Company, and authorized to provide the corresponding coverage. Vendor represents and warrants that it shall maintain the above insurance coverage during the term of this Contract and shall provide OAG with an executed copy of the policies immediately upon request.

Vendor further represents and warrants that all policies, except for Workers’ Compensation and Employer’s Liability Insurance, shall be endorsed to name the Texas State Library and Archives Commission as an additional insured and loss payee and shall be considered primary for all claims. Vendor represents and warrants that it shall maintain the above insurance coverage during the term of the Contract and shall provide TSLAC with an executed copy of the policies immediately upon request and at no expense.


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62. Workers’ Compensation/Unemployment Insurance Coverage/Taxes.

a. Definitions:

Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Vendor has undertaken to perform on the project, regardless of whether that person contracted directly with the Vendor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

b. The Vendor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Vendor providing services on the project, for the duration of the project.

c. The Vendor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

d. If the coverage period shown on the Vendor’s current certificate of coverage ends during the duration of the project, the Vendor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

e. The Vendor shall obtain from each person providing services on a project, and provide to the governmental entity:

i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

ii. no later than seven days after receipt by Vendor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

f. The Vendor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

g. The Vendor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Vendor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

h. The Vendor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

i. The Vendor shall contractually require each person with whom it contracts to provide services on a project, to:

i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

ii. provide to the Vendor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

iii. provide the Vendor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

iv. obtain from each other person with whom it contracts, and provide to Vendor:


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1. a certificate of coverage, prior to the other person beginning work on the project; and

2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

vii. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

j. By signing this contract or providing or causing to be provided a certificate of coverage, the Vendor is representing to the governmental entity that all employees of the Vendor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Vendor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

k. The Vendor’s failure to comply with any of these provisions is a breach of contract by the Vendor which entitles the governmental entity to declare the contract void if the Vendor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

l. VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR’S AND VENDOR’S EMPLOYEES’ TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. TSLAC AND/OR THE STATE SHALL NOT BE LIABLE TO THE VENDOR, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITYCUSTOMER.

m. VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS TSLAC, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS’ FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYEMENT INSURANCE AND/OR WORKERS’ COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABILE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE TSLAC AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

63. Vendor Responsibility for Damage to Government Property. The Vendor shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Vendor and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Vendor shall notify the TSLAC contract manager as identified in the Contract or Contract Documents and the TSLAC Purchasing Department at the address identified in paragraph 1 above, in writing of any such damage within one (1) calendar day.

64. Vendor Performance. The TSLAC may monitor the Vendor’s performance under this Contract. All services and goods under the Contract shall be performed at an acceptable service levels, as referenced in the Vendor’s Response to the associated Solicitation and in a manner consistent with acceptable industry standards, custom, and practice. The Vendor shall receive a hard copy of this report, as well as an e-mailed copy. The TSLAC shall provide a sample of the Vendor Performance Report upon request. More information can be found at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/


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65. Change Management. Vendor shall assign only qualified personnel to this Contract. Vendor, in its reasonable discretion, reserves the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services required. Vendor shall provide to TSLAC prior written notice of any proposed change in key personnel involved in providing services under this Contract. Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of the Vendor. No subcontract under the Contract shall relieve the Vendor of responsibility for ensuring the requested services are provided. If Vendor uses a subcontractor for any or all of the work required, the following conditions shall apply:

a) Contractors planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors.

b) Subcontracting shall be solely at Vendor’s expense.

c) TSLAC retains the right to check subcontractor's background and approve or reject the use of submitted subcontractors.

d) Vendor shall be the sole contact for TSLAC. Vendor shall list a designated point of contact for all TSLAC inquiries.

66. Federal, State, and Local Requirements. Vendor shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Vendor is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation Insurance coverage. Vendor shall comply with all federal and State tax laws and withholding requirements. The State of Texas shall not be liable to Vendor or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Vendor shall indemnify the State of Texas and shall pay all costs, penalties, or losses resulting from Vendor’s omission or breach of this Clause.

67. Business with Iran, Sudan, or Terrorist Organizations. In accordance with Texas Government Code, Chapter 2252, Subchapter F, Vendor hereby represents and warrants that it is not a company identified on the lists prepared and maintained under Texas Government Code §§ 806.051 (companies with business operations in Sudan), 807.051 (companies with business operations in Iran), or 2252.153 (companies known to have contracts with or provide supplies or services to a foreign terrorist organization). Notwithstanding the foregoing, a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or to a foreign terrorist organization, is not subject to contract prohibition under this clause. A company claiming such exemption must submit the official copy of the declaration.

68. Boycott of Israel. In accordance with Texas Government Code, Chapter 2270, Vendor hereby represents and warrants that it does not, and shall not for the duration of any resulting Contract or purchase order hereunder, boycott Israel as the term is defined under Texas Government Code, Sec. 808.001(1)

69. Applicable Law & Conforming Amendments. Vendor must comply with all laws, regulations, requirements and guidelines applicable to a Vendor providing services to the State of Texas as these laws, regulations, requirements and guidelines currently exist and as they are amended throughout the term of this Contract.

This Contract may be amended only upon written agreement between TSLAC and Vendor; however, this Contract may not be amended so as to make it conflict with the laws of the State. TSLAC may issue Purchase Order Change Notices (“POCN”) for ordering and tracking purposes consistent with this Contract provided such POCN reference the Contract. No modification or amendment to this Contract shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to this Contract must be forwarded to TSLAC Purchasing Department for prior review and approval. Only the contract administrator within TSLAC’s Purchasing Department or his/her designee shall be authorized to sign changes or amendments. Notwithstanding the foregoing, TSLAC reserves the right, in its sole discretion, to unilaterally amend this Contract throughout its term only to incorporate any modifications necessary for TSLAC's or Vendor’s compliance with all applicable state and federal laws, rules, regulations, requirements, and internal administrative changes.

70. No Liability Upon Termination. If this Contract is terminated for any reason, TSLAC and the State of Texas shall not be liable to Vendor for any damages, claims, losses, or any other amounts arising from or related to any such termination. However, Vendor may be entitled to the remedies provided in Texas Government Code Chapter 2260.

71. Buy Texas. In accordance with Texas Government Code, Section 2155.4441, Vendor represents and warrants that it shall purchase products and materials produced in the State of Texas for use in providing the services authorized herein when such products and materials are available at a comparable price and in a comparable period of time when


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compared to non-Texas products and materials.

72. Texas Bidder. Vendor represents and warrants that if a Texas address is shown as the address of Vendor, then Vendor is claiming that it qualifies as a Resident Bidder as defined by Texas Government Code § 2155.444.

73. Environmental Protection. The Vendor shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.).

74. TSLAC Anti-Fraud Policy. Vendor represents and warrants that it has read and understood and shall comply with the Comptroller of Public Account’s Anti-Fraud Policy located on the Comptroller’s website at https://comptroller.texas.gov/about/policies/ethics.php as such Policy currently reads and as it as amended throughout the term of this Contract.

75. Disaster Recovery Plan. In accordance with 13 TAC § 6.94(a)(9), Vendor shall provide to TSLAC the descriptions of its business continuity and disaster recovery plan as regards to the protection of the TSLAC’s ‘vital state records’, as the term is defined in 13 TAC § 6.92(15).

76. Electronic and Information Resources Accessibility Standards. As Required by 1 Texas Administrative Code Chapter 213 (Applicable to State Agency and Institution of Higher Education Purchases Only)

1) Effective September 1, 2006 state agencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 Texas Administrative Code Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

2) Vendor shall provide TSLAC with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act) or indicate that the product/service accessibility information is available from the General Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov). Contractors not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide TSLAC with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the “Buy Accessible Wizard” or obtaining a copy of the VPAT is located at http://www.section508.gov/.

77. Provision for Direct Deposit. The electronic funds transfer (“EFT”) provisions of Texas law were codified in the Texas Government Code §403.016. Depending on eligibility under the law, certain payments from the State may be directly deposited into Vendor’s bank account or may be made by warrant. If Vendor is eligible for direct deposit and wishes to be paid by direct deposit, Vendor must complete the form title “Vendor Direct Deposit Authorization” and return it as soon as possible to: Texas State Library & Archives Commission, Attention: Accounting, PO Box 12516 Austin, Texas 78711.

78. Disclosure of Security Breach. Vendor shall provide notice to the Purchasing Department at (512) 463-3037 or [email protected] within twenty-four (24) hours of Vendor’s discovery or reasonable belief that there has been unauthorized use, exposure, access, disclosure, compromise, modification, or loss of sensitive or confidential TSLAC information (“Security Incident”). Within twenty-four (24) hours of the notification of a Security Incident, Vendor shall provide a written report to TSLAC’s Purchasing Department detailing the circumstances of the incident, which includes at a minimum:

a) A description of the nature of the Security Incident;

b) The type of TSLAC information involved;

c) Who may have obtained TSLAC information;

d) What steps Vendor has taken or will take to investigate the Security Incident;

e) What steps Vendor has taken or will take to mitigate any negative effect of the Security Incident; and

f) A point of contact for additional information.

Each day thereafter until the investigation is complete, Vendor shall provide TSLAC’s Purchasing Department with a written report regarding the status of the investigation and the following additional information as it becomes available:

a) Who is known or suspected to have gained unauthorized access to TSLAC information;


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b) Whether there is any knowledge if TSLAC information has been abused or compromised;

c) What additional steps Vendor has taken or will take to investigate the Security Incident;

d) What steps Vendor has taken or will take to mitigate any negative effect of the Security Incident; and

e) What corrective action Vendor has taken or will take to prevent future similar unauthorized use or disclosure.

Vendor shall confer with TSLAC’s Purchasing Department regarding the proper course of the investigation and risk mitigation. TSLAC reserves the right to conduct an independent investigation of any Security Incident, and should TSLAC choose to do so, Vendor shall cooperate fully by making resources, personnel, and systems access available to TSLAC and TSLAC’s authorized representative(s). Subject to review and approval of TSLAC, Contractor, at its own cost, shall provide notice that satisfies the requirements of applicable law to individuals whose personal, confidential, or privileged data were compromised or likely compromised as a result of the Security Incident. If TSLAC, in its sole discretion, elects to send its own separate notice, then all costs associated with preparing and providing notice shall be reimbursed to TSLAC by Vendor. If Vendor does not reimburse such costs within thirty (30) days of TSLAC’s written request, then TSLAC shall have the right to collect such costs.

79. Information Security Requirements.

a) Vendor shall comply with all applicable state and federal laws and regulations regarding confidentiality, privacy, and security pertaining to TSLAC Data and confidential information.

b) Access to sensitive or confidential TSLAC information. Vendor represents and warrants that it shall take all necessary and appropriate action within its abilities to safeguard sensitive or confidential TSLAC information and to protect it from unauthorized disclosure. If communications with Vendor necessitate the release of confidential TSLAC information, the Confidential Treatment of Information Acknowledgement form (CTIA) must be signed by each individual who will require access to or may be exposed to that information. Vendor shall access TSLAC’s systems and sensitive or confidential TSLAC information only for the purposes for which it is authorized.

Vendor shall ensure that any sensitive or confidential TSLAC information in the custody of Vendor is properly sanitized or destroyed when the information is no longer required to be retained by TSLAC or Vendor in accordance with this agreement. Electronic media used for storing any confidential TSLAC information must be sanitized by clearing, purging or destroying in accordance with NIST Special Publication 800-88 Guidelines for Media Sanitization. Vendor must maintain a record documenting the removal and completion of all sanitization procedures with the following information:

1) Date and time of sanitization/destruction,

2) Description of the item(s) and serial number(s) if applicable,

3) Inventory number(s), and

4) Procedures and tools used for sanitization/destruction.

No later than sixty (60) days from contract expiration or termination or as otherwise specified in this agreement, Vendor must complete the sanitization and destruction of the data and provide to TSLAC all sanitization documentation. Vendor shall not access, process, store or transmit IRS Federal Taxpayer Information unless expressly authorized by this agreement. Vendor shall comply with IRS Publication 1075 requirements if it accesses, processes, stores, or transmits IRS Federal Taxpayer Information.

c) Access to Internal TSLAC Network and Systems. As a condition of gaining remote access to any internal TSLAC network and systems, Vendor must comply with TSLAC’s policies and procedures. TSLAC’s remote access request procedures will require Vendor to submit a Remote Access Request form for TSLAC’s review and approval. Remote access technologies provided by Vendor must be approved by TSLAC’s Information Security Officer. Individuals shall not access internal TSLAC network and systems from outside the United States. Individuals who are provided with access to TSLAC network or systems will be required to participate in TSLAC’s Security Awareness Training on an annual basis. The State and TSLAC’s Fiscal Year begins on September 1 and ends on August 31. Vendor shall maintain records of all individuals who have completed TSLAC-required training for the duration of the individual’s employment with Vendor, plus five years. Upon TSLAC’s written request, Vendor shall provide copies of the certificates of completion for TSLAC’s Security Awareness Training. On November 1st of each year, Vendor shall submit a list to TSLAC which identifies all individuals who have current access to TSLAC network or systems as well as the most recent training completion date for each individual. TSLAC, in its sole discretion, may deny network or system access to any individual that does not complete TSLAC-required training


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within thirty (30) calendar days following the date of TSLAC’s grant of access under this Contract.

d) TSLAC reserves the right to audit the security measures in effect on Vendor’s connected systems without prior warning. Vendor must secure its own connected systems in a manner consistent with an auditable information security framework. TSLAC’s audit can consist of a review of third party audit results of Vendor’s security measures (e.g., SSAE-16 Type II, ISO 27002 assessment). TSLAC also reserves the right to immediately terminate network and system connections not meeting such requirements.

e) TSLAC Data shall not be accessed from, stored at or transported to locations outside of the United States.

f) Where applicable, encryption shall conform to or exceed Federal Information Processing Standard (FIPS)140-2:

1) Backup media containing TSLAC Data shall be encrypted at all times.

2) Transmission of TSLAC Data across public networks shall be protected by encryption methods such as Virtual Private Network (“VPN”), Secure Shell File Transfer Protocol (“SFTPS”), or File Transfer Protocol over SSL/TLS (“FTPS”).

g) If Vendor is a software manufacturer, then Vendor represents and warrants that it has implemented processes for the protection, detection, remediation, mitigation and timely customer notification of software vulnerabilities associated with its software provided under this agreement.

80. ENTIRE AGREEMENT. The TSLAC Contract, any Purchase Order, these TSLAC Standard Terms and Conditions for TexShare and/or TexQuest Agreements, all attachments thereto which are hereby incorporated by reference herein, the specified TSLAC Solicitation and its exhibits, Vendor’s Response to such Solicitation, Vendor’s Best and Final Offer, if any, and any exhibits or attachments thereto, and any Vendor-supplied license or subscription agreement, all collectively constitute the entire agreement between TSLAC and Vendor. No statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained in the above documents, shall be binding or valid. Each person whose signature appears hereon represents, warrants and guarantees that he or she has been duly authorized and has full authority to execute this Contract on behalf of the party on whose behalf this Contract is executed.



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Appendix G – Terms and Conditions Issues List below all exceptions to the TSLAC Terms and Conditions. Include the item number and title from the TSLAC Terms and Conditions for each exception. You must include the basis of your exception and provide proposed alternative language for the item. If no issues exist, please state “No Issues.”

Item Number Item Title Exception Proposed Language


FAIN: LS-00-18-0044-18 Updated 08/24/2017 CFDA Number: 45.310 Page 59 of 125

Appendix H – LTSA Terms & Conditions NON-NEGOTIABLE

I. GENERAL TERMS AND CONDITIONS

A. The Vendor will comply with the following parts of the Texas Comptroller of Public Accounts UGMS revised June 2004, located at: http://www.comptroller.texas.gov/purchasing/docs/ugms.pdf.

B. The Vendor will comply with Grant Reform 2 CFR Parts §200 and §3187.

C. Vendor will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:

(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, religion or national origin;

(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;

(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disability and the Americans With Disabilities Act of 1990;

(d) The Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age;

(e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;

(f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;

(g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

(h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;

(i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and

(j) The requirements of any other nondiscrimination statute(s) which may apply to the application.

D. The Vendor, if a private entity, will comply with Federal law pertaining to trafficking in persons. Vendor and its employees may not

1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

2. Procure a commercial sex act during the period of time that the award is in effect; or

3. Use forced labor in the performance of the award or subawards under the award.

E. The Vendor certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Vendor, 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 the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Vendor shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Vendor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all Vendors shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352.

F. Vendor’s authorized representative certifies to the best of his or her knowledge and belief that neither Vendor nor any of its principals:

http://www.comptroller.texas.gov/purchasing/docs/ugms.pdf



(a) are presently excluded or disqualified;

(b) have been convicted within the preceding three years of any of the offenses listed in 2 CFR Part §180.800(a) or had a civil judgment rendered against it or them for one of those offenses within that time period;

(c) are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in 2 CFR §180.800 (a); or

(d) have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default. Where the Vendor is unable to certify to any of the statements in this certification, the Vendor shall attach an explanation to these Terms and Conditions.

G. Vendor understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Vendor will ensure that this clause concerning the authority to audit funds received indirectly by Sub-Contractors through Vendor, and the requirement to cooperate, is included in any sub-grant awarded.

H. The Vendor agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for three year after the last State Program Report for the Texas LSTA 5-Year Plan 2018-2022, is submitted on December 31, 2023. The Contractor will maintain their records through December 31, 2026.

I. The Vendor agrees to develop or revise, as necessary, any specific written documentation of its current procedures for

(1) collecting and reporting performance measures;

(2) conducting a fixed asset inventory; and or,

(3) any other issues identified in Vendor’s internal audit report or grant activities.

Drafts of this procedural documentation will be submitted to TSLAC by dates established mutually between TSLAC and Vendor. TSLAC will provide review and guidance to enable final versions to be approved on or before established deadlines.

J. Vendor may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. Vendor understands that the federal awarding agency, IMLS, reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use; and to authorize others to use, for Federal purposes (2 CFR §200.315).

K. Vendor will, with guidance from TSLAC, properly acknowledge the federal awarding agency, IMLS, on TSLAC branded subscribed resources and materials.

II. ENFORCEMENT

A. Remedies for noncompliance. If Vendor materially fails to comply with any term of the contract, whether stated in a state or federal statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TSLAC may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances:

1. Temporarily withhold cash payments pending correction of the deficiency by the Vendor, or more severe enforcement action by TSLAC;

2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance;

3. Wholly or partly suspend or terminate the current contract for the Vendor’s program;

4. Withhold further awards for the program; or

5. Take other remedies that may be legally available.

B. Hearings, appeals. In taking an enforcement action, TSLAC will provide the Vendor an opportunity for such hearing, appeal, or other administrative proceeding to which the Vendor is entitled under any statute or regulation applicable to the action involved.



C. Effects of suspension and termination. Costs of Vendor resulting from obligations incurred by the Vendor during a suspension or after termination of an award are not allowable unless TSLAC expressly authorized in the notice of suspension or termination, or subsequently. Other Vendor costs during suspension or after termination that are necessary, and not reasonably avoidable, are allowable if:

1. The costs resulting from obligations that were properly incurred by the Vendor before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are non-cancelable; and,

2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect.

D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Vendor from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law.


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Appendix I – Glossary

ADA Acronym for the Americans with Disabilities Act

Agency The Texas State Library and Archives Commission (TSLAC) – the agency of the State of Texas that is issuing this Solicitation.

ASCII Acronym for American Standard Code for Information Interchange; a character encoding standard for electronic communication.

Awarded Vendor

The organization/individual that is awarded and has an executed and approved contract with the TSLAC for the services identified in this Solicitation.

Authorized Site

All accredited Texas public libraries, including both main libraries and branches; all Texas institutions of higher education as recognized by the Texas Higher Education Coordinating Board or current SACS-COG accreditation, including both libraries and other areas on campus; all accredited Texas public library/school library combinations; TexShare-member libraries of clinical medicine; and all Texas state governmental agencies, including TSLAC. Other sites may be added during the term of this Agreement.

Authorized User

A person authorized to use electronic resources provided through the TexQuest and TexShare Databases Programs, as follows:

i. TexShare Program Users

(1) Public Libraries: library staff and patrons in addition to walk-in visitors to a library at any authorized site;

(2) Institutions of higher education and other academic institutions: students, faculty, visiting scholars, and staff in addition to walk- in visitors to a library at any authorized site;

(3) Libraries of clinical medicine as defined in Chapter 13 TAC 8.1: current employees of the institution which is served by the library, patrons of the library, and walk-in visitors to a library at any authorized site;

(4) Authorized users of TexShare member Texas public/K12 combination libraries: registered patrons, students, faculty, staff, families of students and walk-in users while on site;


ii. TexQuest Program Users

(1) Texas K-12 public school libraries and their users (students, faculty, staff);

(2) Texas K-12 public school districts and campus personnel in offices and classrooms;

(3) Public/School Library combination facilities and their users;

(4) Texas Education Service Centers and their personnel;

(5) Parents and families of Texas K-12 public school students;


iii. Applicable to both TexShare and TexQuest programs:

(1) Texas State Library and Archives Commission: agency employees, independent contractors


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or other temporary workers while performing duties within the scope of their employment or assignment, walk-in visitors to a library at any authorized site, and patrons of library and the Texas Talking Book Program; and

(2) With regard to other types of organizations: employees, independent contractors and other temporary workers while performing duties within the scope of their employment or assignment and any other persons affiliated with TSLAC or a participating institution, and/or otherwise permitted to use its/their facilities and authorized to access TexShare and/or TexQuest resources and/or Services.

Central Time Either Central Standard Time or Central Daylight Time, whichever is prevailing in Austin, Texas.

Citation The pertinent information needed to find the full text of a publication; citation of an article in a periodical generally includes author(s), article title, source journal title, volume, pages, and date.

Core Resources

Refers to the online electronic content requested in this Solicitation that would be available to all Authorized Users from participating TexShare member institutions; please refer to Section 2.1 for the specified content.

COUNTER Acronym for Counting Online Usage of Networked Electronic Resources – an international set of standards and protocols governing the recording and exchange of online usage data. See https://www.projectcounter.org/.

Database A term of art in the field of library and information studies used to refer to a set of electronic magazines, journals, newspapers, or other print analogue titles indexed in such a way to permit search and retrieval at the article level. May also be used to describe other types of electronic resources.

DocType A document type definition for a set of markup declarations that define a document type for an SGML-family markup language.

DUNS Acronym for Duns and Bradstreet Number. See https://fedgov.dnb.com/webform (webform).

Effective Date The date that a binding contract is executed by both parties.

EPUB3 An e-book file format with the extension .epub that can be downloaded and read on devices like smartphones, tablets, computers, or e-readers.

ESBD Electronic State Business Daily. See http://www.txsmartbuy.com/sp.

Full Text Database

A term of art in the field of library and information studies used to describe a database that provides searchable full text of articles in addition to bibliographic citations. May also include abstracts. May include pictures or other graphics.

HUB Historically Underutilized Business https://comptroller.texas.gov/purchasing/vendor/hub/

HTML Acronym for Hypertext Markup Language; standard markup language for creating web pages and web applications.

HTML5 A markup language used for structuring and presenting content on the World Wide Web.

IMLS Acronym for the Institute of Museum and Library Services. The Federal Oversight agency for the federal funds received by TSLAC.

Interface Short for Graphical User Interface. A web site or application that provides opportunities for users to interact with content, such as by searching, browsing, reading, and downloading.

https://www.projectcounter.org/

https://fedgov.dnb.com/webform

http://www.txsmartbuy.com/sp

https://comptroller.texas.gov/purchasing/vendor/hub/


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LBB Acronym for the Texas Legislative Budget Board. The Legislative Budget Board is a permanent joint committee of the Texas Legislature that develops budget and policy recommendations for legislative appropriations, complete fiscal analysis for proposed legislation, and conducts evaluation and reviews to improve the efficiency and performance of state and local operations. Legislation requires all state agencies to submit their budget request to the LBB for review and recommendations; http://www.lbb.state.tx.us/

May Indicates something that is not mandatory but permissible.

OCR Acronym for Optical Character Recognition; Optical character recognition is the mechanical or electronic conversion of images of typed, handwritten, or printed text into machine-encoded text.

Offer A formal offer or response submitted in response to this solicitation.

PDF Acronym for Portable Document Format. A file format used to present and exchange documents reliably, independent of software, hardware, and operating system.

Platform The back-end system that enables an Interface and provides both content and reports on use.

Program Refers to the TexShare Databases Program of the Texas State Library and Archives Commission, delivering a core set of materials and information online to participating TexShare member institutions.

Remote Access Access to Contracted Products from non-Authorized Sites, including any home, office, or other outside-the library locations used by a participating library’s Authorized Users.

RFO Acronym for Request for Offer. Also known as Solicitation.

RFO Subcommittee

TSLAC staff and external evaluators who will evaluate bid proposals and attend vendor demonstrations.

SACS Acronym for Southern Association of Colleges and Schools.

SAM Registration

System of Award Management;

School Select A program of the Texas State Library and Archives Commission providing a number of specialized electronic resources at negotiated subscription fees or discounts off retail prices to individual TexQuest institutions. The School Select Program is a buy-in program and licensing of School Select resources is funded solely by participating TexQuest institutions.

Screen Reader A computer program that speaks written text. It allows a person to listen to the written text on a webpage or in a computer program. Screen readers read only text; they cannot describe pictures or other images, even if the images are pictures of text.

Shall/Must/ Will

Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

Should Indicates something that is recommended but not mandatory. If the vendor fails to provide recommended information, the State may, at its sole option, ask the vendor to provide the information or evaluate the proposal without the information.

State The State of Texas

State Fiscal Year

The Texas State Fiscal Year period begins September 1 and ends August 31 of the next year. A fiscal year is named for the year it ends in.

http://www.lbb.state.tx.us/


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Statute A law enacted by the state or federal government.

Subcontractor A third-party, not directly employed by the vendor, who will provide services identified in this Solicitation, does not include third parties who provide support or incidental services to the Vendor.

Talking Book Program

Also known as TBP; a program of the Texas State Library and Archives Commission providing free library service to Texans of all ages who are unable to read standard print material due to visual, physical, or reading disabilities-whether permanent or temporary.

TAC Acronym for Texas Administrative Code. See https://www.sos.state.tx.us/tac/index.shtml

Texas Public School Library

An organized collection of printed, audiovisual and/or computer resources in a public school or public school campus (elementary or secondary). A public school library makes resources and services available to all students, teachers, and administrators. Collections such as classroom "libraries" or collections of primarily textbooks or other similar classroom teaching materials are not public school libraries. Defined by 13 TAC 8.1 (9).

TexQuest Program

TexQuest is a program providing statewide high quality, authoritative electronic resources to educators, students, and students’ immediate families in participating Texas K-12 public schools and open enrollment charter schools. The program is administered by the Texas State Library and Archives Commission. It is funded by state and federal sources and by local participation fees.

TexQuest Program Team

Staff employed at the Texas State Library and Archives Commission. The team includes, but is not limited to, the School Program Coordinator, the Electronic Resources Coordinator, the Statewide Resource Sharing Administrator, and the Library Development and Networking Division Director. The team communicates and supports TexQuest participating institutions and coordinates with contracted Vendors providing services to the TexQuest Program.

TexQuest Support Center

An office that provides TexQuest support and training for TexQuest participating institutions, and assists with general outreach and promotion of the TexQuest Program, operated by an Educational Service Provider. Currently ESC-20 in San Antonio

TexSelect A program of the Texas State Library and Archives Commission providing a number of specialized electronic resources and journals at negotiated subscription fees or discounts off retail price to individual members of the TexShare Consortium. The TexSelect Program is a buy-in program and licensing of TexSelect resources is funded solely by participating TexShare Consortium member libraries.

TexShare Consortium

TexShare is a consortium of Texas libraries joining together to share print and electronic materials, purchase online resources, and combine staff expertise. TexShare membership is available to Texas public libraries, academic institutions, and libraries of clinical medicine. The consortium is administrated by the Texas State Library and Archives Commission. It is funded, in part, by state and federal sources, and by participation fees. Additional TexShare Consortium member libraries may be added throughout the fiscal year at the sole discretion of TSLAC.

TexShare Consortium Affiliate Member

TSLAC may admit libraries that do not meet requirements to be full members of the TexShare Consortium as Affiliate Members as specified in TSLAC administrative rules (13 TAC, Part 1, Chapter 8, Section 8.3). Types of Affiliate members include non-SACS accredited theological libraries, private K12 schools, and hospital libraries that do not meet the definition of libraries of clinical medicine. Affiliate member libraries are not eligible to participate in the TexShare Databases Program but may participate in the TexSelect program.

https://www.sos.state.tx.us/tac/index.shtml


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TexShare Databases Program

A program of the Texas State Library and Archives Commission providing Core Resources to participating members of the TexShare Consortium and Texas state government agencies. All TexShare Databases Program resources are available to any member that chooses to participate in the program. Licensing of TexShare Databases Program resources is funded by state, federal, and cost share from TexShare participating libraries. It may also be referred to as the TexShare Program throughout this document.

TSLAC Acronym for the Texas State Library & Archives Commission. TSLAC is an agency of the State of Texas headquartered at 1201 Brazos St., Austin, TX 78701. See https://www.tsl.texas.gov/visit.

Web Browser A computer program that downloads webpages. It is the program installed on the computer used to access webpages on the Internet.

Vendor An actual or potential provider of goods or services to the State.

XHTML Acronym for Extensible Hypertext Markup Language.

https://www.tsl.texas.gov/visit


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Appendix J – TexQuest and TexShare Participating Institutions

Population Sources TexShare Academic - 2 Year THECB Fall 2017 (Certified)

TexShare Academic - 4 Year THECB Fall 2017 (Certified)

TexShare Academic - Medical THECB Fall 2017 (Certified)

TexShare Academic - Special Varies (IPEDS Fall 2016 or Self-report)

TexShare Library of Clinical Medicine Varies (Self-report Fall 2016)

TexShare Public Library PLAR 2017

TexQuest Charter TEA Enrollment October 2017

TexQuest Common TEA Enrollment October 2017

TexQuest Independent TEA Enrollment October 2017

TexQuest Tsd/Tsbvi TEA Enrollment October 2017

TexShare TSLAC_ID Institution Name Institution Type Population 1488 Northeast Lakeview College (Alamo) Academic - 2 Year 3,860 293 Northwest Vista College (Alamo) Academic - 2 Year 16,752 298 Palo Alto College (Alamo) Academic - 2 Year 9,368 312 San Antonio College (Alamo) Academic - 2 Year 19,385 310 St Philip's College (Alamo) Academic - 2 Year 12,050 226 Brookhaven College (DCCCD) Academic - 2 year 9,880 227 Cedar Valley College (DCCCD) Academic - 2 year 6,174 246 Eastfield College (DCCCD) Academic - 2 year 10,977 247 El Centro College (DCCCD) Academic - 2 year 8,885 286 Mountain View College (DCCCD) Academic - 2 year 8,534 291 North Lake College (DCCCD) Academic - 2 year 9,684 306 Richland College (DCCCD) Academic - 2 year 14,955 203 Alvin Community College Academic - 2 Year 5,709 204 Amarillo College Academic - 2 Year 7,525 207 Angelina College Academic - 2 Year 5,217 213 Austin Community College District Academic - 2 Year 38,462 223 Blinn College Academic - 2 Year 18,465 225 Brazosport College Academic - 2 Year 4,229 228 Central Texas College Academic - 2 Year 8,895 229 Cisco College Academic - 2 Year 3,261 230 Clarendon College Academic - 2 Year 1,588 231 Coastal Bend College Academic - 2 Year 4,464 232 College of the Mainland Academic - 2 Year 4,328 1279 Collin College Academic - 2 Year 31,035 243 Del Mar College Academic - 2 Year 11,476 248 El Paso Community College Academic - 2 Year 26,896 250 Frank Phillips College Academic - 2 Year 1,456 251 Galveston College Academic - 2 Year 2,197 252 Grayson College Academic - 2 Year 4,289 254 Hill College Academic - 2 Year 4,228 256 Houston Community College Academic - 2 Year 49,782 259 Howard College Academic - 2 Year 4,378 271 Kilgore College Academic - 2 Year 5,396


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273 Lamar State College-Orange Academic - 2 Year 2,293 274 Lamar State College-Port Arthur Academic - 2 Year 2,293 276 Laredo Community College Academic - 2 Year 9,846 277 Lee College Academic - 2 Year 7,717 1391 Lone Star College System Academic - 2 Year 69,452 281 McLennan Community College Academic - 2 Year 8,879 283 Midland College Academic - 2 Year 5,566 287 Navarro College Academic - 2 Year 8,830 288 North Central Texas College Academic - 2 Year 10,283 292 Northeast Texas Community College Academic - 2 Year 3,097 296 Odessa College Academic - 2 Year 6,240 299 Panola College Academic - 2 Year 2,655 300 Paris Junior College Academic - 2 Year 4,844 304 Ranger College Academic - 2 Year 2,411 1280 San Jacinto College District Academic - 2 Year 35,455 317 South Plains College Academic - 2 Year 9,283 320 South Texas College Academic - 2 Year 31,374 323 Southwest Texas Junior College Academic - 2 Year 6,660 334 Tarrant County College District Academic - 2 Year 56,405 335 Temple College Academic - 2 Year 4,980 336 Texarkana College Academic - 2 Year 4,239 1490 Texas Southmost College Academic - 2 Year 6,216 1655 Texas State Technical College System Academic - 2 Year 12,226 378 Trinity Valley Community College Academic - 2 Year 6,547 382 Tyler Junior College Academic - 2 Year 9,589 394 Vernon College Academic - 2 Year 3,008 1491 Victoria College Academic - 2 Year 3,945 398 Weatherford College Academic - 2 Year 6,303 400 Western Texas College Academic - 2 Year 2,250 401 Wharton County Junior College Academic - 2 Year 7,050 265 Jacksonville College Academic - 2 Year Private 581 202 Abilene Christian University Academic - 4 Year Private 4,764 206 Amberton University Academic - 4 Year Private 1,257 212 Austin College Academic - 4 Year Private 1,237 220 Baylor University Academic - 4 Year Private 17,059 237 Concordia University Texas Academic - 4 Year Private 2,649 239 Dallas Baptist University Academic - 4 Year Private 5,066 245 East Texas Baptist University Academic - 4 Year Private 1,591 253 Hardin-Simmons University Academic - 4 Year Private 2,252 255 Houston Baptist University Academic - 4 Year Private 3,325 260 Howard Payne University Academic - 4 Year Private 1,043 261 Huston-Tillotson University Academic - 4 Year Private 1,103 266 Jarvis Christian College Academic - 4 Year Private 864 278 LeTourneau University Academic - 4 Year Private 2,860 280 Lubbock Christian University Academic - 4 Year Private 1,882 282 McMurry University Academic - 4 Year Private 1,108 297 Our Lady of the Lake University Academic - 4 Year Private 3,212 305 Rice University Academic - 4 Year Private 7,052 316 Schreiner University Academic - 4 Year Private 1,312 321 Southern Methodist University Academic - 4 Year Private 11,789 325 Southwestern Adventist University Academic - 4 Year Private 819 326 Southwestern Assemblies of God University Academic - 4 Year Private 2,175 328 Southwestern Christian College Academic - 4 Year Private 122 329 Southwestern University Academic - 4 Year Private 1,380 307 St Edwards University Academic - 4 Year Private 4,447


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308 St Mary's University Academic - 4 Year Private 3,625 346 Texas Christian University Academic - 4 Year Private 10,469 347 Texas College Academic - 4 Year Private 989 348 Texas Lutheran University Academic - 4 Year Private 1,391 357 Texas Wesleyan University Academic - 4 Year Private 2,587 377 Trinity University Academic - 4 Year Private 2,595 383 University of Dallas Academic - 4 Year Private 2,510 389 University of Mary Hardin-Baylor Academic - 4 Year Private 3,914 392 University of St Thomas Academic - 4 Year Private 3,151 393 University of the Incarnate Word Academic - 4 Year Private 8,192 397 Wayland Baptist University Academic - 4 Year Private 3,441 402 Wiley College Academic - 4 Year Private 1,323 208 Angelo State University Academic - 4 Year Public 10,189 275 Lamar University Academic - 4 Year Public 13,929 284 Midwestern State University Academic - 4 Year Public 5,661 303 Prairie View A&M University Academic - 4 Year Public 9,125 311 Sam Houston State University Academic - 4 Year Public 20,938 330 Stephen F Austin State University Academic - 4 Year Public 12,578 331 Sul Ross State University Academic - 4 Year Public 1,996 332 Tarleton State University Academic - 4 Year Public 13,019 337 Texas A&M International University Academic - 4 Year Public 7,640 338 Texas A&M University Academic - 4 Year Public 62,802 341 Texas A&M University at Galveston Academic - 4 Year Public 1,998 1548 Texas A&M University Central Texas Academic - 4 Year Public 2,575 339 Texas A&M University Commerce Academic - 4 Year Public 12,490 340 Texas A&M University Corpus Christi Academic - 4 Year Public 12,236 342 Texas A&M University Kingsville Academic - 4 Year Public 8,674 1547 Texas A&M University San Antonio Academic - 4 Year Public 6,460 344 Texas A&M University Texarkana Academic - 4 Year Public 2,038 349 Texas Southern University Academic - 4 Year Public 10,237 324 Texas State University Academic - 4 Year Public 38,666 354 Texas Tech University Academic - 4 Year Public 36,634 359 Texas Woman's University Academic - 4 Year Public 15,321 360 The University of Texas at Arlington Academic - 4 Year Public 41,712 361 The University of Texas at Austin Academic - 4 Year Public 51,425 363 The University of Texas at Dallas Academic - 4 Year Public 27,642 364 The University of Texas at El Paso Academic - 4 Year Public 25,020 1639 The University of Texas at Rio Grande Valley Academic - 4 Year Public 27,708 367 The University of Texas at San Antonio Academic - 4 Year Public 30,674 368 The University of Texas at Tyler Academic - 4 Year Public 9,934 366 The University of Texas of the Permian Basin Academic - 4 Year Public 7,022 384 University of Houston Academic - 4 Year Public 45,364 385 University of Houston Clear Lake Academic - 4 Year Public 8,542 386 University of Houston Downtown Academic - 4 Year Public 13,913 388 University of Houston Victoria Academic - 4 Year Public 4,351 390 University of North Texas Academic - 4 Year Public 38,081 1607 University of North Texas at Dallas Academic - 4 Year Public 3,509 399 West Texas A&M University Academic - 4 Year Public 10,060 1493 Baylor College of Medicine Academic - Medical 1,575 301 Parker University Academic - Medical 1,205 1558 Texas A&M Medical Sciences Library Academic - Medical 2,780 345 Texas Chiropractic College Academic - Medical 267 355 Texas Tech University Health Sciences Center Academic - Medical 4,676 1268 The University of Texas Health Science Center at

Houston Academic - Medical 5,242


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1385 The University of Texas Health Science Center at Tyler

Academic - Medical 36

372 The University of Texas Health Science Center San Antonio

Academic - Medical 3,270

1389 The University of Texas MD Anderson Cancer Center

Academic - Medical 357

373 The University of Texas Medical Branch at Galveston


375 The University of Texas Southwestern Medical Center


391 University of North Texas Health Science Center at Fort Worth


214 Austin Graduate School of Theology Academic - Special 41 215 Austin Presbyterian Theological Seminary Academic - Special 157 216 Baptist Missionary Association Theological

Seminary Academic - Special 174

1632 College of Biblical Studies-Houston Academic - Special 450 238 Criswell College Academic - Special 284 1480 Dallas International University Academic - Special 77 242 Dallas Theological Seminary Academic - Special 2,361 295 Oblate School of Theology Academic - Special 134 249 Seminary of the Southwest Academic - Special 117 327 Southwestern Baptist Theological Seminary Academic - Special 2,087 1628 Baylor Scott and White Health Library of Clinical Medicine 7,000 1400 Texas Health Resources Library of Clinical Medicine 12,469 404 Abilene Public Library Public Library 122,225 747 AH Meadows Library Public Library 36,688 521 Alexander Memorial Library Public Library 7,613 408 Alicia Salinas Public Library Public Library 40,243 625 Allen Memorial Public Library Public Library 3,683 409 Allen Public Library Public Library 112,310 878 Alma M Carpenter Public Library Public Library 3,343 410 Alpine Public Library Public Library 8,079 412 Alvarado Public Library Public Library 3,993 413 Alvord Public Library Public Library 5,006 414 Amarillo Public Library Public Library 199,582 416 Andrews County Library Public Library 17,760 418 Anson Public Library Public Library 2,329 831 Aransas County Public Library Public Library 24,926 420 Archer Public Library Public Library 4,406 421 Arlington Public Library System Public Library 392,772 794 Arthur Temple Sr Memorial Library Public Library 808 424 Atlanta Public Library Public Library 5,638 425 Aubrey Area Library Public Library 16,953 923 Austin County Library System Public Library 14,852 500 Austin Memorial Library Public Library 8,127 426 Austin Public Library Public Library 947,890 428 Azle Memorial Library Public Library 16,556 430 Balch Springs Library - Learning Center Public Library 25,017 432 Bandera County Library Public Library 1,711 435 Bastrop Public Library Public Library 33,460 436 Bay City Public Library Public Library 26,755 864 Baylor County Free Library Public Library 3,697 438 Beaumont Public Library System Public Library 118,299 440 Bedford Public Library Public Library 49,528


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1467 Bee Cave Public Library Public Library 6,535 806 Bell/Whittington Public Library Public Library 24,851 442 Bellaire City Library Public Library 18,593 443 Bellville Public Library Public Library 4,274 445 Benbrook Public Library Public Library 22,948 641 Bertha Voyer Memorial Library Public Library 1,679 800 Betty Foster Public Library Public Library 2,081 1316 BiblioTech Public Library 82,742 779 Bicentennial City-County Library Public Library 1,402 639 BJ Hill Library Public Library 1,133 449 Blanco County South Library District Public Library 5,954 452 Bonham Public Library Public Library 10,123 453 Booker School/Public Library Public Library 2,832 455 Bowie Public Library Public Library 10,943 749 Boyce Ditto Public Library Public Library 28,238 417 Brazoria County Library System Public Library 354,195 462 Bridge City Public Library Public Library 8,165 465 Brownsville Public Library Public Library 259,880 466 Brownwood Public Library Public Library 38,271 467 Bryan+College Station Public Library System Public Library 195,401 468 Buda Public Library Public Library 18,873 473 Burkburnett Library Public Library 11,095 474 Burleson Public Library Public Library 45,016 475 Burnet County Library System Public Library 39,979 496 Burton Memorial Library Public Library 3,405 674 Butt-Holdsworth Memorial Library Public Library 23,434 804 Calhoun County Public Library Public Library 21,965 477 Cameron Public Library Public Library 5,565 904 Cameron-J Jarvis Troup Municipal Library Public Library 1,982 478 Camp Wood Public Library Public Library 1,695 481 Canyon Area Library Public Library 38,461 815 Caprock Public Library Public Library 1,474 952 Carl & Mary Welhausen Library Public Library 6,019 917 Carnegie City-County Library Public Library 12,892 431 Carnegie Library of Ballinger Public Library 5,431 484 Carrollton Public Library Public Library 158,838 784 Carson County Public Library Public Library 6,057 486 Castroville Public Library Public Library 3,018 488 Cedar Park Public Library Public Library 68,918 489 Celina Public Library Public Library 9,066 1398 CF Goodwin Public Library Public Library 12,093 415 Chambers County Library System Public Library 35,761 1560 Chandler Public Library Public Library 8,802 575 Charles J Rike Memorial Library Public Library 3,859 493 Chico Public Library Inc Public Library 3,806 494 Childress Public Library Public Library 7,052 892 City County Library Public Library 5,711 949 City of Wolfforth Library Public Library 4,936 832 Claud H Gilmer Memorial Library Public Library 1,911 499 Cleburne Public Library Public Library 30,223 503 Clyde Public Library Public Library 8,374 754 Cochran County Love Memorial Library Public Library 2,882 504 Cockrell Hill Public Library Public Library 4,280 506 Coleman Public Library Public Library 8,420 1403 Colleyville Public Library Public Library 26,152


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928 Collingsworth Public Library Public Library 3,016 510 Comanche Public Library Public Library 8,885 511 Comfort Public Library Public Library 14,076 512 Commerce Public Library Public Library 20,727 514 Converse Public Library Public Library 22,702 592 Cooke County Library Public Library 36,119 517 Copperas Cove Public Library Public Library 32,794 518 Corpus Christi Public Libraries Public Library 325,733 520 Corsicana Public Library Public Library 46,967 890 County-City Library Public Library 14,993 516 Cozby Library and Community Commons Public Library 41,360 522 Crandall-Combine Community Library Public Library 13,716 523 Crane County Library Public Library 4,830 778 Crockett County Public Library Public Library 3,675 525 Crosby County Library Public Library 5,992 526 Cross Plains Public Library Public Library 2,149 528 Crowley Public Library Public Library 14,969 530 Cuero Public Library Public Library 8,524 834 D Brown Memorial Library Public Library 1,377 531 Daingerfield Public Library Public Library 2,460 532 Dallam-Hartley County Library Public Library 12,763 533 Dallas Public Library Public Library 1,317,929 692 Dawson County Public Library Public Library 13,111 632 Deaf Smith County Library Public Library 18,830 537 Decatur Public Library Public Library 23,190 538 Deer Park Public Library Public Library 33,782 541 Denison Public Library Public Library 23,654 820 Dennis M O'Connor Public Library Public Library 7,321 542 Denton Public Library Public Library 133,808 536 DeSoto Public Library Public Library 52,599 882 Dickens County Spur Public Library Public Library 2,184 546 Dickinson Public Library Public Library 23,241 547 Dilley Public Library Public Library 4,248 549 Donna Public Library Public Library 25,551 889 Doris Padgett Library Public Library 6,194 710 Dr Eugene Clark Library Public Library 13,527 740 Dr Hector P Garcia Memorial Library Public Library 25,715 550 Dripping Springs Community Library Public Library 37,385 544 Driscoll Public Library Public Library 4,776 551 Dublin Public Library Public Library 3,626 553 Duncanville Public Library Public Library 39,457 559 Dustin Michael Sekula Memorial Library Public Library 135,581 849 Duval County/San Diego Public Library Public Library 12,334 555 Eagle Pass Public Library Public Library 43,255 407 East Parker County Library Public Library 12,974 1455 East Travis Gateway Library District Public Library 23,176 775 Ector County Library Public Library 157,462 419 Ed & Hazel Richmond Public Library Public Library 12,150 631 Edwards Public Library Public Library 10,193 805 Effie & Wilton Hebert Public Library Public Library 12,809 561 El Paso Public Library Public Library 683,080 911 El Progreso Memorial Library Public Library 22,018 563 Electra Public Library Public Library 2,722 564 Elgin Public Library Public Library 33,702 565 Elsa Public Library Public Library 10,246


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567 Ennis Public Library Public Library 19,221 713 Ethel L Whipple Memorial Library Public Library 9,403 554 Eula & David Wintermann Library Public Library 5,742 568 Euless Public Library Public Library 54,769 571 Fairfield Library Public Library 8,880 573 Falls City Public Library Public Library 1,179 490 Fannie Brown Booth Memorial Library Public Library 5,401 574 Farmers Branch Manske Public Library Public Library 34,988 683 Fayette Public Library Public Library 4,690 576 Ferris Public Library Public Library 2,573 580 Flower Mound Public Library Public Library 73,547 581 Floyd County Library Public Library 5,917 458 FM Buck Richards Memorial Library Public Library 8,172 527 Foard County Library Public Library 1,183 824 Fort Bend County Libraries Public Library 698,592 584 Fort Hancock ISD/Public Library Public Library 4,053 585 Fort Stockton Public Library Public Library 12,490 586 Fort Worth Library Public Library 854,113 757 Franklin County Library Public Library 8,428 587 Frankston Depot Library Public Library 2,726 619 Friench Simpson Memorial Library Public Library 2,585 589 Friendswood Public Library Public Library 43,824 590 Friona Public Library Public Library 3,898 591 Frisco Public Library Public Library 163,656 862 Gaines County Library Public Library 20,478 595 Gatesville Public Library Public Library 4,408 638 Genevieve Miller Hitchcock Public Library Public Library 9,037 597 Georgetown Public Library Public Library 67,140 745 Gibbs Memorial Library Public Library 14,848 598 Giddings Public Library Public Library 5,113 946 Gilbreath Memorial Library Public Library 9,661 944 Gilliam Memorial Public Library Public Library 4,018 656 Gladys Johnson Ritchie Public Library Public Library 8,744 603 Goliad County Library Public Library 7,517 607 Grand Prairie Public Library System Public Library 190,682 608 Grand Saline Public Library Public Library 6,965 610 Grapeland Public Library Public Library 1,419 611 Grapevine Public Library Public Library 51,971 613 Groesbeck Public Library Public Library 8,618 614 Groves Public Library Public Library 15,758 617 Guthrie CSD & King County Consolidated

Library Public Library 289

620 Haltom City Public Library Public Library 44,361 621 Hamilton Public Library Public Library 8,304 623 Harlingen Public Library Public Library 92,656 1539 Harper Library Public Library 606 476 Harrie P Woodson Memorial Library Public Library 4,326 644 Harris County Public Library Public Library 2,044,578 624 Haskell County Library Public Library 5,649 1484 Haslet Public Library Public Library 1,817 696 Helen Hall Library Public Library 117,807 479 Hemphill County Library Public Library 4,129 423 Henderson County Clint W Murchison Memorial

Library Public Library 22,466

633 Hewitt Public Library Public Library 22,195


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634 Hidalgo Public Library Public Library 21,394 635 Higgins Public Library Public Library 655 636 Highland Park Library Public Library 9,149 637 Hillsboro City Library Public Library 8,362 701 Hockley County Memorial Library Public Library 23,275 640 Hondo Public Library Public Library 9,276 606 Hood County Public Library Public Library 56,857 643 Houston Public Library Public Library 2,303,482 448 Howard County Library Public Library 36,708 645 Howe Community Library Public Library 7,892 1314 Hughes Springs Area Public Library Public Library 1,774 647 Huntsville Public Library Public Library 26,918 648 Hurst Public Library Public Library 39,160 649 Hutchins-Atwell Public Library Public Library 5,639 454 Hutchinson County Library Public Library 21,511 1497 Hutto Public Library Public Library 23,832 651 Imperial Public Library Public Library 1,219 652 Ingleside Public Library Public Library 15,684 654 Iraan Public Library Public Library 2,261 655 Irving Public Library Public Library 238,289 560 Jackson County Memorial Library Public Library 14,869 657 Jacksonville Public Library Public Library 14,898 658 Jasper Public Library Public Library 7,658 716 JB Nickells Memorial Library Public Library 5,878 660 Jefferson Carnegie Library Public Library 10,147 602 Jennie Trent Dew Library Public Library 4,907 524 JH Wootters Crockett Public Library Public Library 6,544 916 Joe A Hall High School and Community Library Public Library 10,346 441 Joe Barnhart Bee County Library Public Library 25,353 843 John Ed Keeter Public Library Public Library 22,526 661 Johnson City Library Public Library 5,438 534 Jones Public Library Public Library 7,734 662 Jonestown Community Library Public Library 2,028 663 Joshua School & Public Library Public Library 25,746 664 Jourdanton Community Library Public Library 9,464 628 JR Huffman Public Library Public Library 9,495 761 Judy B McDonald Public Library Public Library 33,932 666 Justin Community Library Public Library 4,914 667 Karnes City Public Library Public Library 6,019 668 Kaufman County Library Public Library 20,791 669 Keller Public Library Public Library 46,646 670 Kendalia Public Library Public Library 3,950 671 Kenedy Public Library Public Library 6,087 672 Kennedale Public Library Public Library 7,840 659 Kent County Library Public Library 769 675 Kilgore Public Library Public Library 17,245 676 Killeen City Library System Public Library 143,400 552 Killgore Memorial Library Public Library 22,120 678 Kirbyville Public Library Public Library 3,926 679 Kountze Public Library Public Library 3,830 680 Krum Public Library Public Library 6,622 715 Kurth Memorial Library Public Library 36,159 681 Kyle Public Library Public Library 49,070 684 La Joya Municipal Library Public Library 6,641 685 La Marque Public Library Public Library 19,054


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686 Lago Vista Public Library Public Library 6,627 687 Laguna Vista Public Library Public Library 4,524 688 Lake Dallas Library Public Library 7,881 689 Lake Travis Community Library Public Library 32,271 941 Lake Whitney Library Public Library 2,090 691 Lakehills Area Library Public Library 10,396 707 Lamb County Library Public Library 8,013 693 Lampasas Public Library Public Library 7,722 694 Lancaster Veterans Memorial Library Public Library 38,867 695 Laredo Public Library Public Library 257,156 698 Leander Public Library Public Library 42,761 600 Lee Public Library Public Library 9,635 444 Lena Armstrong Public Library Public Library 20,873 699 Leon Valley Public Library Public Library 11,314 702 Lewisville Public Library Public Library 138,281 704 Liberty Hill Public Library Public Library 14,153 703 Liberty Municipal Library Public Library 9,175 605 Library of Graham Public Library 8,792 705 Lillie Russell Memorial Library Public Library 5,853 706 Little Elm Public Library Public Library 56,292 596 Live Oak County Library Public Library 10,997 708 Livingston Municipal Library Public Library 5,130 709 Llano County Library System Public Library 20,362 811 Lois Nelson Public Library Public Library 10,650 711 Lone Oak Area Public Library Public Library 1,455 712 Longview Public Library Public Library 99,129 735 Lovett Memorial Library McLean Public Library 950 783 Lovett Memorial Library Pampa Public Library 21,775 714 Lubbock Public Library Public Library 282,195 830 Lucy Hill Patterson Memorial Library Public Library 5,628 717 Lumberton Public Library Public Library 20,203 718 Lytle Public Library Public Library 5,653 720 Madison County Library Public Library 11,576 856 Mae S Bruce Library Public Library 15,289 471 Mammen Family Public Library Public Library 30,335 722 Mansfield Public Library Public Library 65,631 723 Marfa Public Library Public Library 1,747 764 Marion & Ed Hughes Public Library Public Library 17,294 726 Marshall Public Library Public Library 59,137 884 Martin County Library Public Library 5,723 690 Mary Lou Reddick Public Library Public Library 4,871 727 Mason County M Beven Eckert Memorial Library Public Library 4,111 729 Mathis Public Library Public Library 7,380 930 Mayor Joe V Sanchez Public Library Public Library 61,925 743 MB Noelke Jr Memorial Library Public Library 1,557 731 McAllen Public Library Public Library 219,980 733 McGinley Memorial Public Library Public Library 7,858 734 McKinney Public Library System Public Library 172,298 646 McMullen Memorial Library Public Library 8,401 736 Medina Community Library Public Library 9,423 737 Melissa Public Library Public Library 9,538 738 Memphis Public Library Public Library 3,138 741 Meridian Public Library Public Library 1,480 744 Mesquite Public Library Public Library 143,736 519 Mickey Reily Public Library Public Library 1,587


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746 Midland County Public Library Public Library 162,565 748 Mineola Memorial Library Public Library 9,819 508 Mitchell County Public Library Public Library 8,720 513 Montgomery County Memorial Library System Public Library 549,880 753 Moody Community Library Public Library 2,134 898 Moore Memorial Public Library Public Library 55,877 728 Motley County Library Public Library 1,160 755 Mount Calm Public Library Public Library 316 756 Mount Pleasant Public Library Public Library 16,273 758 Muenster Public Library Public Library 3,110 759 Muleshoe Area Public Library Public Library 5,158 760 Munday City-County Library Public Library 3,806 461 Nancy Carol Roberts Memorial Library Public Library 16,989 1452 Nancy Nail Memorial Library Public Library 2,945 762 Naples Public Library Public Library 1,348 501 Nellie Pederson Civic Library Public Library 3,392 509 Nesbitt Memorial Library Public Library 5,611 765 New Boston Public Library Public Library 4,686 766 New Braunfels Public Library Public Library 73,959 767 New Waverly Public Library Public Library 4,841 768 Newark Public Library Public Library 3,882 769 Newton County Public Library Public Library 14,003 925 Nicholas P Sims Library & Lyceum Public Library 34,345 594 Nicholson Memorial Library System Public Library 234,943 771 Nocona Public Library Public Library 6,305 773 North Richland Hills Public Library Public Library 69,798 829 Nueces County Keach Family Library Public Library 31,549 954 Olga V Figueroa Zapata County Public Library Public Library 14,349 776 Olney Community Library and Arts Center Public Library 4,162 1180 Olton Area Library Public Library 3,632 777 Orange Public Library Public Library 19,418 781 Palacios Library Inc Public Library 10,432 782 Palestine Public Library Public Library 42,027 785 Paris Public Library Public Library 25,005 786 Pasadena Public Library Public Library 153,351 451 Patrick Heath Public Library Public Library 24,514 787 Pearsall Public Library Public Library 10,064 1565 Penitas Public Library Public Library 7,508 789 Perry Memorial Library Public Library 10,306 791 Pflugerville Public Library Public Library 59,245 792 Pharr Memorial Library Public Library 119,602 793 Pilot Point Community Library Public Library 5,654 588 Pioneer Memorial Library Public Library 25,915 795 Pittsburg-Camp County Public Library Public Library 12,867 798 Plano Public Library System Public Library 286,057 799 Pleasanton Public Library Public Library 22,731 802 Port Arthur Public Library Public Library 55,427 803 Port Isabel Public Library Public Library 7,096 807 Post Public Library Public Library 3,383 808 Poteet Public Library Public Library 7,537 809 Pottsboro Area Public Library Public Library 3,502 810 Presidio Public Library Public Library 5,211 812 Prosper Community Library Public Library 21,688 816 Quitman Public Library Public Library 5,225 566 Rains County Public Library Public Library 11,314


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817 Ranger City Library Public Library 2,998 818 Rankin Public Library Public Library 2,028 446 Reagan County Library Public Library 3,608 697 Real County Public Library Leakey Public Library 1,695 1468 Red Oak Public Library Public Library 12,522 497 Red River County Public Library Public Library 12,207 788 Reeves County Library Public Library 14,921 548 Rhoads Memorial Library Public Library 7,669 821 Rhome Public Library Public Library 5,874 822 Richardson Public Library Public Library 113,347 823 Richland Hills Public Library Public Library 8,121 1485 Rio Grande City Public Library Public Library 14,483 825 Rio Hondo Public Library Public Library 3,694 951 Rita & Truett Smith Public Library Public Library 53,792 896 Riter C Hulsey Public Library Public Library 50,171 826 River Oaks Public Library Public Library 7,740 827 Roanoke Public Library Public Library 7,804 677 Robert J Kleberg Public Library Public Library 32,094 833 Rockwall County Library Public Library 74,745 593 Rosenberg Library Public Library 58,526 835 Rotan Public Library Public Library 3,854 836 Round Rock Public Library System Public Library 120,892 837 Round Top Family Library Public Library 93 838 Rowlett Public Library Public Library 61,999 839 Runge Public Library Public Library 1,969 630 Rusk County Library System Public Library 49,196 852 Rylander Memorial Library Public Library 5,944 842 Sachse Public Library Public Library 25,039 844 Salado Public Library District Public Library 7,983 485 Sammy Brown Library Public Library 23,492 846 San Antonio Public Library Public Library 1,782,035 847 San Augustine Public Library Public Library 8,320 848 San Benito Public Library Public Library 34,603 850 San Juan Memorial Library Public Library 56,712 851 San Marcos Public Library Public Library 77,863 854 Sanger Public Library Public Library 10,583 857 Schertz Public Library Public Library 102,379 858 Schulenburg Public Library Public Library 2,929 876 Scurry County Library Public Library 17,333 859 Seagoville Public Library Public Library 16,093 861 Seguin Public Library Public Library 39,318 405 Sergeant Fernando de la Rosa Memorial Library Public Library 29,730 406 Shackelford County Library Public Library 3,315 1542 Shallowater School County Library Public Library 5,918 887 Sherman County Public Library Public Library 3,068 868 Sherman Public Library Public Library 41,567 869 Shiner Public Library Public Library 2,137 840 Singletary Memorial Library Public Library 3,708 872 Sinton Public Library Public Library 8,400 873 Slaton City Library Public Library 6,775 875 Smithville Public Library Public Library 16,567 626 Smith-Welch Memorial Library Public Library 10,697 879 Southlake Public Library Public Library 30,991 750 Speer Memorial Library Public Library 129,259 556 Springlake-Earth Community Library Public Library 1,630


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883 Stamford Carnegie Library Public Library 2,984 885 Stephenville Public Library Public Library 20,607 437 Sterling Municipal Library Public Library 75,992 622 Stewart C Meyer Library Public Library 29,757 422 Stonewall County Library Public Library 1,426 877 Sutton County Library Public Library 3,869 905 Swisher County Library Public Library 7,466 893 Taylor Public Library Public Library 16,857 894 Teague Public Library Public Library 10,744 895 Temple Public Library Public Library 73,600 853 Terrell County Public Library Public Library 812 897 Texarkana Public Library Public Library 37,679 900 The Colony Public Library Public Library 56,165 863 The Library at Cedar Creek Lake Public Library 4,157 545 TLL Temple Memorial Library & Archives Public Library 5,369 653 Tom Burnett Memorial Library Public Library 6,363 845 Tom Green County Library System Public Library 118,386 1464 Tri-Community Library Public Library 1,424 719 Tri-County Library Public Library 8,266 482 Tye Preston Memorial Library Public Library 26,793 907 Tyler Public Library Public Library 104,798 797 Unger Memorial Library Public Library 31,124 908 Universal City Public Library Public Library 20,359 909 University Park Public Library Public Library 24,905 599 Upshur County Library Public Library 36,056 732 Upton County Public Library Public Library 1,645 910 Utopia Memorial Library Public Library 3,237 539 Val Verde County Library Public Library 48,881 912 Valley Mills Public Library Public Library 1,187 913 Van Alstyne Public Library Public Library 5,466 480 Van Zandt County Library Public Library 19,304 918 Victoria Public Library Public Library 92,467 919 Vidor Public Library Public Library 10,958 612 W Walworth Harrison Public Library Public Library 27,172 921 Waco-McLennan County Library Public Library 208,328 629 Waller County Library Public Library 50,115 752 Ward County Library Public Library 11,600 1454 Waskom Public Library Public Library 5,442 924 Watauga Public Library Public Library 24,629 926 Weatherford Public Library Public Library 99,108 927 Weimar Public Library Public Library 3,359 427 Wells Branch Community Library Public Library 14,095 931 West Public Library Public Library 4,463 932 Westbank Community Library District Public Library 29,737 1610 Westworth Village Public Library Public Library 2,722 934 Wharton County Library Public Library 41,735 936 White Oak School Community Library Public Library 8,140 937 White Settlement Public Library Public Library 17,204 938 Whitehouse Community Library Public Library 8,269 939 Whitesboro Public Library Public Library 6,034 940 Whitewright Public Library Public Library 2,511 942 Wichita Falls Public Library Public Library 104,724 801 William R Bill Ellis Memorial Library Public Library 4,054 579 Wilson County Public Libraries Public Library 48,480 945 Wimberley Village Library Public Library 21,282


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673 Winkler County Library Public Library 7,893 796 Yoakum County Library Public Library 4,025 543 Yoakum County/Cecil Bickley Library Public Library 4,463 487 Zula B Wylie Public Library in Cedar Hill Public Library 48,343

TexQuest TSLAC_ID

District Name District Type ESC # Enrollment

j057829 A+ Academy Charter 10 1,348 j109901 Abbott ISD Independent 12 290 j095901 Abernathy ISD Independent 17 767 j221901 Abilene ISD Independent 14 16,842 j057814 Academy for Academic Excellence Charter 10 521 j014901 Academy ISD Independent 12 1,559 j057806 Advantage Academy Charter 10 1,666 j178901 Agua Dulce ISD Independent 2 338 j015901 Alamo Heights ISD Independent 20 4,810 j209901 Albany ISD Independent 14 508 j101902 Aldine ISD Independent 4 66,489 j184907 Aledo ISD Independent 11 5,718 j125901 Alice ISD Independent 2 5,073 j101903 Alief ISD Independent 4 46,263 j043901 Allen ISD Independent 10 21,159 j022901 Alpine ISD Independent 18 1,094 j037901 Alto ISD Independent 7 671 j126901 Alvarado ISD Independent 11 3,729 j020901 Alvin ISD Independent 4 24,852 j188901 Amarillo ISD Independent 16 33,068 j140901 Amherst ISD Independent 17 165 j036901 Anahuac ISD Independent 4 1,338 j093901 Anderson-Shiro CISD Independent 6 860 j002901 Andrews ISD Independent 18 4,066 j020902 Angleton ISD Independent 4 6,867 j043902 Anna ISD Independent 10 3,459 j071906 Anthony ISD Independent 19 839 j004901 Aransas County ISD Independent 2 2,547 j205901 Aransas Pass ISD Independent 2 1,474 j005901 Archer City ISD Independent 9 474 j061910 Argyle ISD Independent 11 2,716 j220802 Arlington Classics Academy Charter 11 1,533 j220901 Arlington ISD Independent 11 61,076 j212901 Arp ISD Independent 7 900 j107901 Athens ISD Independent 10 3,118 j034901 Atlanta ISD Independent 8 1,688 j061907 Aubrey ISD Independent 11 2,495 j227821 Austin Discovery School Charter 13 524 j227901 Austin ISD Independent 13 81,650 j196901 Austwell-Tivoli ISD Independent 3 135 j194902 Avery ISD Independent 8 276 j034902 Avinger ISD Independent 8 126 j161918 Axtell ISD Independent 12 803 j220915 Azle ISD Independent 11 6,496 j030903 Baird ISD Independent 14 305 j200901 Ballinger ISD Independent 15 901


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j195902 Balmorhea ISD Independent 18 176 j010902 Bandera ISD Independent 20 2,283 j025901 Bangs ISD Independent 15 959 j178913 Banquete ISD Independent 2 932 j036902 Barbers Hill ISD Independent 4 5,390 j015834 BASIS Texas (San Antonio) Charter 20 2,452 j011901 Bastrop ISD Independent 13 10,899 j158901 Bay City ISD Independent 3 3,571 j123910 Beaumont ISD Independent 5 18,858 j183901 Beckville ISD Independent 7 665 j013901 Beeville ISD Independent 2 3,315 j039904 Bellevue ISD Independent 9 126 j091901 Bells ISD Independent 10 822 j008901 Bellville ISD Independent 6 2,261 j014903 Belton ISD Independent 12 11,529 j125902 Ben Bolt-Palito Blanco ISD Independent 2 554 j066901 Benavides ISD Independent 2 340 j138904 Benjamin ISD Independent 9 110 j101870 BETA Academy Charter 4 549 j220902 Birdville ISD Independent 11 23,691 j178902 Bishop CISD Independent 2 1,472 j016902 Blanco ISD Independent 13 1,031 j116915 Bland ISD Independent 10 683 j025904 Blanket ISD Independent 15 187 j034909 Bloomburg ISD Independent 8 277 j175902 Blooming Grove ISD Independent 12 947 j235901 Bloomington ISD Independent 3 867 j043917 Blue Ridge ISD Independent 10 825 j072904 Bluff Dale ISD Independent 11 189 j109913 Blum ISD Independent 12 353 j123807 Bob Hope School Charter 5 976 j130901 Boerne ISD Independent 20 8,687 j116916 Boles ISD Independent 10 543 j241901 Boling ISD Independent 3 1,124 j074903 Bonham ISD Independent 10 1,872 j148901 Booker ISD Independent 16 390 j117901 Borger ISD Independent 16 2,736 j161923 Bosqueville ISD Independent 12 711 j169901 Bowie ISD Independent 9 1,696 j249902 Boyd ISD Independent 11 1,335 j180901 Boys Ranch ISD Independent 16 301 j136901 Brackett ISD Independent 20 585 j160901 Brady ISD Independent 15 1,178 j008903 Brazos ISD Independent 6 807 j021803 Brazos School for Inquiry & Creativity Charter 6 394 j020905 Brazosport ISD Independent 4 12,350 j215901 Breckenridge ISD Independent 14 1,501 j198901 Bremond ISD Independent 6 507 j239901 Brenham ISD Independent 6 5,023 j181901 Bridge City ISD Independent 5 2,988 j249903 Bridgeport ISD Independent 11 2,062 j184909 Brock ISD Independent 11 1,373 j041901 Bronte ISD Independent 15 248 j015830 Brooks Academy of Science and Engineering Charter 20 2,898 j223901 Brownfield ISD Independent 17 1,758


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j107902 Brownsboro ISD Independent 7 2,720 j031901 Brownsville ISD Independent 1 45,578 j025902 Brownwood ISD Independent 15 3,692 j161919 Bruceville-Eddy ISD Independent 12 689 j021902 Bryan ISD Independent 6 16,189 j119901 Bryson ISD Independent 9 261 j186901 Buena Vista ISD Independent 18 244 j212902 Bullard ISD Independent 7 2,560 j121903 Buna ISD Independent 5 1,530 j243901 Burkburnett ISD Independent 9 3,248 j126902 Burleson ISD Independent 11 12,221 j027903 Burnet CISD Independent 13 3,201 j239903 Burton ISD Independent 6 456 j188904 Bushland ISD Independent 16 1,458 j116901 Caddo Mills ISD Independent 10 1,736 j178903 Calallen ISD Independent 2 4,063 j026901 Caldwell ISD Independent 6 1,804 j029901 Calhoun County ISD Independent 3 3,907 j049905 Callisburg ISD Independent 11 1,155 j166901 Cameron ISD Independent 6 1,854 j116910 Campbell ISD Independent 10 328 j106901 Canadian ISD Independent 16 930 j234902 Canton ISD Independent 10 2,184 j071907 Canutillo ISD Independent 19 6,219 j191901 Canyon ISD Independent 16 10,002 j201913 Carlisle ISD Independent 7 638 j064903 Carrizo Springs CISD Independent 20 2,211 j220919 Carroll ISD Independent 11 8,360 j057903 Carrollton-Farmers Branch ISD Independent 10 25,297 j183902 Carthage ISD Independent 7 2,686 j220917 Castleberry ISD Independent 11 3,913 j001902 Cayuga ISD Independent 7 576 j057904 Cedar Hill ISD Independent 10 7,300 j116902 Celeste ISD Independent 10 489 j043903 Celina ISD Independent 10 2,576 j210901 Center ISD Independent 7 2,670 j133901 Center Point ISD Independent 20 576 j228904 Centerville ISD - Groveton Independent 6 121 j003907 Central ISD Independent 7 1,523 j220815 Chapel Hill Academy Charter 11 510 j225906 Chapel Hill ISD Independent 8 1,038 j212909 Chapel Hill ISD Independent 7 3,556 j206903 Cherokee ISD Independent 15 114 j229906 Chester ISD Independent 5 206 j099902 Chillicothe ISD Independent 9 219 j174901 Chireno ISD Independent 7 395 j139905 Chisum ISD Independent 8 954 j226901 Christoval ISD Independent 15 523 j067902 Cisco ISD Independent 14 855 j243906 City View ISD Independent 9 1,058 j057841 Cityscape Schools Charter 10 740 j065901 Clarendon ISD Independent 16 473 j194904 Clarksville ISD Independent 8 542 j006902 Claude ISD Independent 16 372 j084910 Clear Creek ISD Independent 4 42,152


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j126903 Cleburne ISD Independent 11 6,726 j146901 Cleveland ISD Independent 4 5,574 j071901 Clint ISD Independent 19 11,521 j030902 Clyde CISD Independent 14 1,434 j042901 Coleman ISD Independent 15 885 j021901 College Station ISD Independent 6 13,570 j229901 Colmesneil ISD Independent 5 475 j020907 Columbia-Brazoria ISD Independent 4 3,135 j045902 Columbus ISD Independent 3 1,539 j046902 Comal ISD Independent 20 23,105 j130902 Comfort ISD Independent 13 1,100 j116903 Commerce ISD Independent 10 1,514 j043918 Community ISD Independent 10 2,262 j112908 Como-Pickton CISD Independent 8 747 j068802 COMPASS Academy Charter School Charter 18 1,027 j233903 Comstock ISD Independent 15 212 j161921 Connally ISD Independent 12 2,337 j170902 Conroe ISD Independent 6 61,580 j060902 Cooper ISD Independent 8 822 j057922 Coppell ISD Independent 10 12,625 j050910 Copperas Cove ISD Independent 12 8,173 j178904 Corpus Christi ISD Independent 2 37,567 j175903 Corsicana ISD Independent 12 5,911 j142901 Cotulla ISD Independent 20 1,380 j246914 Coupland ISD Independent 13 165 j109903 Covington ISD Independent 12 298 j129901 Crandall ISD Independent 10 4,056 j052901 Crane ISD Independent 18 1,156 j161901 Crawford ISD Independent 12 547 j053001 Crockett County Consolidated CSD Common 15 758 j113901 Crockett ISD Independent 6 1,331 j101906 Crosby ISD Independent 4 6,154 j220912 Crowley ISD Independent 11 15,253 j062901 Cuero ISD Independent 3 2,047 j112905 Cumby ISD Independent 8 392 j101907 Cypress-Fairbanks ISD Independent 4 116,401 j172902 Daingerfield-Lone Star ISD Independent 8 1,026 j056901 Dalhart ISD Independent 16 1,773 j057905 Dallas ISD Independent 10 153,793 j020904 Danbury ISD Independent 4 763 j175904 Dawson ISD Independent 12 486 j058902 Dawson ISD Independent 17 130 j146902 Dayton ISD Independent 4 5,388 j047902 De Leon ISD Independent 14 728 j249905 Decatur ISD Independent 11 3,344 j101908 Deer Park ISD Independent 4 13,032 j019901 Dekalb ISD Independent 8 831 j227910 Del Valle ISD Independent 13 11,216 j091903 Denison ISD Independent 10 4,658 j061901 Denton ISD Independent 11 29,420 j251901 Denver City ISD Independent 17 1,689 j057906 Desoto ISD Independent 10 9,657 j194905 Detroit ISD Independent 8 522 j163901 Devine ISD Independent 20 2,011 j176903 Deweyville ISD Independent 5 576


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j163902 D'Hanis ISD Independent 20 381 j003905 Diboll ISD Independent 7 1,898 j084901 Dickinson ISD Independent 4 10,935 j035901 Dimmitt ISD Independent 16 1,232 j108902 Donna ISD Independent 1 14,818 j105904 Dripping Springs ISD Independent 13 6,450 j178905 Driscoll ISD Independent 2 318 j072902 Dublin ISD Independent 11 1,193 j171901 Dumas ISD Independent 16 4,319 j057907 Duncanville ISD Independent 10 12,866 j220918 Eagle Mt-Saginaw ISD Independent 11 19,317 j159901 Eagle Pass ISD Independent 20 14,582 j227909 Eanes ISD Independent 13 8,061 j025909 Early ISD Independent 15 1,189 j241902 East Bernard ISD Independent 3 954 j015911 East Central ISD Independent 20 10,215 j036903 East Chambers ISD Independent 5 1,519 j067903 Eastland ISD Independent 14 1,184 j068901 Ector County ISD Independent 18 32,267 j074905 Ector ISD Independent 10 228 j108903 Edcouch-Elsa ISD Independent 1 5,184 j048901 Eden CISD Independent 15 223 j234903 Edgewood ISD Independent 7 988 j015905 Edgewood ISD - San Antonio Independent 20 10,471 j108904 Edinburg CISD Independent 1 34,156 j120901 Edna ISD Independent 3 1,579 j123805 Ehrhart School Charter 5 387 j241903 El Campo ISD Independent 3 3,675 j071902 El Paso ISD Independent 19 58,065 j015836 Eleanor Kolitz Hebrew Language Academy Charter 20 319 j243902 Electra ISD Independent 9 415 j011902 Elgin ISD Independent 13 4,321 j001903 Elkhart ISD Independent 7 1,234 j102906 Elysian Fields ISD Independent 7 885 j070903 Ennis ISD Independent 10 5,808 j049906 Era ISD Independent 11 479 j072802 Erath Excels Academy Inc Charter 11 115 j030906 Eula ISD Independent 14 414 j107905 Eustace ISD Independent 7 1,548 j121906 Evadale ISD Independent 5 488 j050901 Evant ISD Independent 12 243 j220904 Everman ISD Independent 11 5,838 j057834 Evolution Academy Charter School Charter 10 809 j108809 Excellence in Leadership Academy Charter 1 231 j071903 Fabens ISD Independent 19 2,287 j081902 Fairfield ISD Independent 12 1,817 j128904 Falls City ISD Independent 20 360 j060914 Fannindel ISD Independent 8 174 j043904 Farmersville ISD Independent 10 1,639 j075906 Fayetteville ISD Independent 13 258 j070905 Ferris ISD Independent 10 2,708 j075901 Flatonia ISD Independent 13 565 j246902 Florence ISD Independent 13 1,048 j247901 Floresville ISD Independent 20 4,022 j178914 Flour Bluff ISD Independent 2 5,673


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j129902 Forney ISD Independent 10 10,196 j114904 Forsan ISD Independent 18 783 j079907 Fort Bend ISD Independent 4 75,275 j186902 Fort Stockton ISD Independent 18 2,479 j220905 Fort Worth ISD Independent 11 86,234 j198903 Franklin ISD Independent 6 1,254 j001904 Frankston ISD Independent 7 873 j086901 Fredericksburg ISD Independent 13 3,204 j066903 Freer ISD Independent 2 807 j152907 Frenship ISD Independent 17 9,692 j084911 Friendswood ISD Independent 4 6,071 j185903 Friona ISD Independent 16 1,117 j043905 Frisco ISD Independent 10 58,450 j234909 Fruitvale ISD Independent 7 450 j122901 Ft Davis ISD Independent 18 226 j115901 Ft Hancock ISD Independent 19 410 j015914 Ft Sam Houston ISD Independent 20 1,612 j049901 Gainesville ISD Independent 11 3,080 j101910 Galena Park ISD Independent 4 22,591 j084902 Galveston ISD Independent 4 7,017 j120902 Ganado ISD Independent 3 767 j057909 Garland ISD Independent 10 56,582 j183904 Gary ISD Independent 7 471 j050902 Gatesville ISD Independent 12 2,788 j166902 Gause ISD Independent 6 184 j149901 George West ISD Independent 2 1,100 j246904 Georgetown ISD Independent 13 11,537 j230902 Gilmer ISD Independent 7 2,441 j092901 Gladewater ISD Independent 7 1,782 j087901 Glasscock County ISD Independent 18 313 j213901 Glen Rose ISD Independent 11 1,806 j126911 Godley ISD Independent 11 2,027 j169906 Gold Burg ISD Independent 9 109 j167901 Goldthwaite ISD Independent 12 574 j088902 Goliad ISD Independent 3 1,341 j187903 Goodrich ISD Independent 6 241 j101911 Goose Creek CISD Independent 4 23,795 j182901 Gordon ISD Independent 11 182 j067904 Gorman ISD Independent 14 306 j156905 Grady ISD Independent 18 252 j182902 Graford ISD Independent 11 352 j252901 Graham ISD Independent 9 2,403 j111901 Granbury ISD Independent 11 7,143 j057910 Grand Prairie ISD Independent 10 29,362 j126904 Grandview ISD Independent 11 1,216 j226907 Grape Creek ISD Independent 15 1,134 j113902 Grapeland ISD Independent 6 508 j220906 Grapevine-Colleyville ISD Independent 11 13,975 j116905 Greenville ISD Independent 10 5,107 j165902 Greenwood ISD Independent 18 2,688 j205902 Gregory-Portland ISD Independent 2 4,706 j228901 Groveton ISD Independent 6 769 j098901 Gruver ISD Independent 16 429 j091917 Gunter ISD Independent 10 932 j143901 Hallettsville ISD Independent 3 1,123


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j102904 Hallsville ISD Independent 7 5,077 j097902 Hamilton ISD Independent 12 850 j123914 Hamshire-Fannett ISD Independent 5 1,931 j100905 Hardin-Jefferson ISD Independent 5 2,248 j015904 Harlandale ISD Independent 20 14,381 j102905 Harleton ISD Independent 7 734 j031903 Harlingen CISD Independent 1 18,429 j161807 Harmony Science Acad (Waco) Charter 12 9,651 j101846 Harmony Science Academy Charter 4 3,434 j086902 Harper ISD Independent 13 592 j225907 Harts Bluff ISD Independent 8 605 j104901 Haskell CISD Independent 14 552 j127904 Hawley ISD Independent 14 737 j105906 Hays CISD Independent 13 19,862 j198905 Hearne ISD Independent 6 862 j237902 Hempstead ISD Independent 4 1,606 j201902 Henderson ISD Independent 7 3,439 j039902 Henrietta ISD Independent 9 958 j059901 Hereford ISD Independent 16 3,836 j208901 Hermleigh ISD Independent 14 252 j108905 Hidalgo ISD Independent 1 3,215 j057911 Highland Park ISD Independent 10 6,991 j109904 Hillsboro ISD Independent 12 2,027 j084908 Hitchcock ISD Independent 4 1,649 j005902 Holliday ISD Independent 9 1,007 j163904 Hondo ISD Independent 20 2,002 j074907 Honey Grove ISD Independent 10 620 j019902 Hooks ISD Independent 8 942 j108802 Horizon Montessori Public Schools Charter 1 1,236 j101821 Houston Heights High School Charter 4 204 j101912 Houston ISD Independent 4 213,701 j091905 Howe ISD Independent 10 1,164 j019913 Hubbard ISD Independent 8 93 j003902 Hudson ISD Independent 7 2,892 j101925 Huffman ISD Independent 4 3,527 j034903 Hughes Springs ISD Independent 8 1,271 j101913 Humble ISD Independent 4 42,391 j003904 Huntington ISD Independent 7 1,719 j236902 Huntsville ISD Independent 6 8,274 j220916 Hurst-Euless-Bedford ISD Independent 11 23,429 j246906 Hutto ISD Independent 13 7,240 j108807 Idea Public Schools Charter 1 35,595 j120905 Industrial ISD Independent 3 1,178 j205903 Ingleside ISD Independent 2 2,235 j133904 Ingram ISD Independent 20 1,107 j015808 Inspire Academies Charter 20 809 j057830 Inspired Vision Academy Charter 10 1,322 j057848 International Leadership Of Texas (ILT) Charter 10 16,131 j093903 Iola ISD Independent 6 502 j243903 Iowa Park CISD Independent 9 1,839 j018906 Iredell ISD Independent 12 141 j118902 Irion County ISD Independent 15 277 j057912 Irving ISD Independent 10 33,971 j070907 Italy ISD Independent 10 628 j109907 Itasca ISD Independent 12 692


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j119902 Jacksboro ISD Independent 9 1,041 j037904 Jacksonville ISD Independent 7 4,992 j246907 Jarrell ISD Independent 13 1,705 j121904 Jasper ISD Independent 5 2,484 j155901 Jefferson ISD Independent 8 1,272 j124901 Jim Hogg County ISD Independent 1 1,151 j221911 Jim Ned CISD Independent 14 1,219 j016901 Johnson City ISD Independent 13 659 j126905 Joshua ISD Independent 11 5,528 j007902 Jourdanton ISD Independent 20 1,622 j015916 Judson ISD Independent 20 23,118 j128901 Karnes City ISD Independent 3 1,134 j101914 Katy ISD Independent 4 77,522 j129903 Kaufman ISD Independent 10 3,961 j126906 Keene ISD Independent 11 1,053 j220907 Keller ISD Independent 11 34,937 j129904 Kemp ISD Independent 10 1,620 j131001 Kenedy County Wide CSD Common 2 78 j113906 Kennard ISD Independent 6 278 j220914 Kennedale ISD Independent 11 3,127 j175907 Kerens ISD Independent 12 592 j133903 Kerrville ISD Independent 20 5,020 j092902 Kilgore ISD Independent 7 4,076 j014906 Killeen ISD Independent 12 44,294 j121905 Kirbyville CISD Independent 5 1,504 j101915 Klein ISD Independent 4 53,068 j138902 Knox City-O'Brien CISD Independent 9 278 j219905 Kress ISD Independent 16 252 j061905 Krum ISD Independent 11 2,123 j057839 La Academia De Estrellas Charter 10 1,088 j031905 La Feria ISD Independent 1 3,412 j075902 La Grange ISD Independent 13 1,980 j108912 La Joya ISD Independent 1 28,788 j101916 La Porte ISD Independent 4 7,588 j161906 La Vega ISD Independent 12 3,100 j247903 La Vernia ISD Independent 20 3,375 j108914 La Villa ISD Independent 1 579 j015913 Lackland ISD Independent 20 1,053 j227912 Lago Vista ISD Independent 13 1,475 j061912 Lake Dallas ISD Independent 11 3,964 j227913 Lake Travis ISD Independent 13 10,410 j220910 Lake Worth ISD Independent 11 3,352 j079901 Lamar CISD Independent 4 32,146 j058906 Lamesa ISD Independent 17 1,921 j141901 Lampasas ISD Independent 12 3,348 j057913 Lancaster ISD Independent 10 7,371 j201903 Laneville ISD Independent 7 182 j107910 Lapoynor ISD Independent 7 453 j240901 Laredo ISD Independent 1 24,069 j245901 Lasara ISD Independent 1 410 j113905 Latexo ISD Independent 6 485 j061804 Leadership Prep School Charter 10 1,099 j193902 Leakey ISD Independent 20 309 j246913 Leander ISD Independent 13 39,028 j019914 Leary ISD Independent 8 103


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j090902 Lefors ISD Independent 16 154 j145911 Leon ISD Independent 6 759 j074909 Leonard ISD Independent 10 920 j110902 Levelland ISD Independent 17 2,998 j061902 Lewisville ISD Independent 11 52,472 j144902 Lexington ISD Independent 13 1,022 j246908 Liberty Hill ISD Independent 13 4,023 j146906 Liberty ISD Independent 5 2,108 j019908 Liberty-Eylau ISD Independent 8 2,506 j057807 Life School Charter 10 5,662 j212903 Lindale ISD Independent 7 4,075 j034905 Linden-Kildare CISD Independent 8 697 j049907 Lindsay ISD Independent 11 496 j072909 Lingleville ISD Independent 11 275 j181908 Little Cypress-Mauriceville CISD Independent 5 3,153 j061914 Little Elm ISD Independent 11 7,526 j140904 Littlefield ISD Independent 17 1,349 j187907 Livingston ISD Independent 6 4,064 j150901 Llano ISD Independent 13 1,793 j028902 Lockhart ISD Independent 13 5,925 j077902 Lockney ISD Independent 17 459 j160905 Lohn ISD Independent 15 107 j178906 London ISD Independent 2 1,046 j116906 Lone Oak ISD Independent 10 1,046 j092903 Longview ISD Independent 7 8,571 j161907 Lorena ISD Independent 12 1,763 j031906 Los Fresnos CISD Independent 1 9,132 j043919 Lovejoy ISD Independent 10 4,222 j152901 Lubbock ISD Independent 17 27,998 j152906 Lubbock-Cooper ISD Independent 17 6,325 j003903 Lufkin ISD Independent 7 7,992 j028903 Luling ISD Independent 13 1,432 j100907 Lumberton ISD Independent 5 3,986 j245902 Lyford CISD Independent 1 1,551 j007904 Lytle ISD Independent 20 1,698 j129905 Mabank ISD Independent 10 3,513 j154901 Madisonville CISD Independent 6 2,358 j170906 Magnolia ISD Independent 6 12,993 j019910 Malta ISD Independent 8 187 j227907 Manor ISD Independent 13 9,109 j220908 Mansfield ISD Independent 11 35,054 j022902 Marathon ISD Independent 18 63 j027904 Marble Falls ISD Independent 13 4,232 j189901 Marfa ISD Independent 18 336 j094904 Marion ISD Independent 20 1,474 j073903 Marlin ISD Independent 12 837 j102902 Marshall ISD Independent 7 5,439 j157901 Mason ISD Independent 15 728 j019903 Maud ISD Independent 8 484 j025905 May ISD Independent 15 298 j070915 Maypearl ISD Independent 10 1,187 j108906 McAllen ISD Independent 1 22,883 j231901 McCamey ISD Independent 18 556 j011905 McDade ISD Independent 13 325 j161909 McGregor ISD Independent 12 1,459


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j043907 McKinney ISD Independent 10 24,959 j034906 McLeod ISD Independent 8 382 j162904 McMullen County ISD Independent 2 257 j223902 Meadow ISD Independent 17 282 j130801 Meadowland Charter School Charter 20 139 j010901 Medina ISD Independent 20 322 j163908 Medina Valley ISD Independent 20 5,088 j043908 Melissa ISD Independent 10 2,792 j164901 Menard ISD Independent 15 163 j108907 Mercedes ISD Independent 1 5,530 j246801 Meridian World School LLC Charter 13 1,594 j221904 Merkel ISD Independent 14 1,168 j057914 Mesquite ISD Independent 10 41,022 j197902 Miami ISD Independent 16 219 j165802 Midland Academy Charter School Charter 18 413 j165901 Midland ISD Independent 18 25,716 j070908 Midlothian ISD Independent 10 8,872 j161903 Midway ISD Independent 12 8,088 j166903 Milano ISD Independent 6 453 j175910 Mildred ISD Independent 12 740 j200902 Miles ISD Independent 15 445 j112907 Miller Grove ISD Independent 8 329 j184904 Millsap ISD Independent 11 994 j250903 Mineola ISD Independent 7 1,614 j182903 Mineral Wells ISD Independent 11 2,099 j108908 Mission CISD Independent 1 15,896 j238902 Monahans-Wickett-Pyote ISD Independent 18 2,328 j169908 Montague ISD Independent 9 160 j108915 Monte Alto ISD Independent 1 1,025 j227826 Montessori for All Charter 13 476 j170903 Montgomery ISD Independent 6 8,747 j161910 Moody ISD Independent 12 697 j072910 Morgan Mill ISD Independent 11 124 j143902 Moulton ISD Independent 3 280 j201907 Mount Enterprise ISD Independent 7 413 j225902 Mount Pleasant ISD Independent 8 5,291 j080901 Mount Vernon ISD Independent 8 1,625 j049902 Muenster ISD Independent 11 508 j009901 Muleshoe ISD Independent 17 1,441 j198906 Mumford ISD Independent 6 616 j138903 Munday CISD Independent 9 386 j107908 Murchison ISD Independent 7 166 j174904 Nacogdoches ISD Independent 7 6,315 j163903 Natalia ISD Independent 20 1,102 j094903 Navarro ISD Independent 13 1,911 j123905 Nederland ISD Independent 5 5,388 j079906 Needville ISD Independent 4 3,228 j019905 New Boston ISD Independent 8 1,340 j046901 New Braunfels ISD Independent 13 8,950 j170908 New Caney ISD Independent 6 15,046 j152902 New Deal ISD Independent 17 752 j230906 New Diana ISD Independent 7 1,100 j015805 New Frontiers Charter School Charter 20 706 j037908 New Summerfield ISD Independent 7 544 j236901 New Waverly ISD Independent 6 1,069


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j252902 Newcastle ISD Independent 9 231 j089903 Nixon-Smiley CISD Independent 13 1,078 j169902 Nocona ISD Independent 9 780 j015910 North East ISD Independent 20 66,101 j112906 North Hopkins ISD Independent 8 518 j139911 North Lamar ISD Independent 8 2,550 j015915 Northside ISD (ESC-20) Independent 20 106,700 j244905 Northside ISD (ESC-9) Independent 9 214 j061911 Northwest ISD Independent 11 23,141 j069902 Nueces Canyon CISD Independent 15 275 j205905 Odem-Edroy ISD Independent 2 989 j084802 Odyssey Academy Inc Charter 4 1,150 j050904 Oglesby ISD Independent 12 179 j200906 Olfen ISD Independent 15 103 j252903 Olney ISD Independent 9 677 j187910 Onalaska ISD Independent 6 1,110 j125903 Orange Grove ISD Independent 2 1,878 j181905 Orangefield ISD Independent 5 1,787 j014804 Orenda Charter School Charter 12 1,659 j201908 Overton ISD Independent 7 525 j048903 Paint Rock ISD Independent 15 256 j158905 Palacios ISD Independent 3 1,427 j070910 Palmer ISD Independent 10 1,215 j090904 Pampa ISD Independent 16 3,579 j033902 Panhandle ISD Independent 16 725 j042905 Panther Creek CISD Independent 15 174 j249906 Paradise ISD Independent 11 1,193 j139909 Paris ISD Independent 8 3,818 j101917 Pasadena ISD Independent 4 54,646 j020908 Pearland ISD Independent 4 21,628 j082903 Pearsall ISD Independent 20 2,288 j184908 Peaster ISD Independent 11 1,170 j195901 Pecos-Barstow-Toyah ISD Independent 18 2,630 j119903 Perrin-Whitt CISD Independent 9 341 j179901 Perryton ISD Independent 16 2,224 j039903 Petrolia ISD Independent 9 516 j013903 Pettus ISD Independent 2 429 j172905 Pewitt CISD Independent 8 891 j227904 Pflugerville ISD Independent 13 25,306 j108909 Pharr-San Juan-Alamo ISD Independent 1 32,680 j092904 Pine Tree ISD Independent 7 4,678 j032902 Pittsburg ISD Independent 8 2,344 j251902 Plains ISD Independent 17 448 j095905 Plainview ISD Independent 17 5,445 j043910 Plano ISD Independent 10 53,952 j019912 Pleasant Grove ISD Independent 8 2,128 j007905 Pleasanton ISD Independent 20 3,588 j117904 Plemons-Stinnett-Phillips CISD Independent 16 688 j031909 Point Isabel ISD Independent 1 2,427 j061906 Ponder ISD Independent 11 1,414 j184901 Poolville ISD Independent 11 518 j178908 Port Aransas ISD Independent 2 437 j123907 Port Arthur ISD Independent 5 8,280 j123908 Port Neches-Groves ISD Independent 5 5,136 j015814 Positive Solutions Charter School Charter 20 125


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j007906 Poteet ISD Independent 20 1,736 j247904 Poth ISD Independent 20 835 j028906 Prairie Lea ISD Independent 13 199 j169909 Prairie Valley ISD Independent 9 151 j139912 Prairiland ISD Independent 8 1,150 j125905 Premont ISD Independent 2 587 j189902 Presidio ISD Independent 18 1,243 j043911 Princeton ISD Independent 10 4,381 j098903 Pringle-Morse CISD Independent 16 127 j108910 Progreso ISD Independent 1 1,904 j227824 Promesa Public Schools Charter 13 633 j043912 Prosper ISD Independent 10 12,133 j099903 Quanah ISD Independent 9 531 j034907 Queen City ISD Independent 8 1,039 j116908 Quinlan ISD Independent 10 2,630 j250904 Quitman ISD Independent 7 1,121 j190903 Rains ISD Independent 7 1,705 j054903 Ralls ISD Independent 17 525 j234801 Ranch Academy Charter 7 102 j015906 Randolph Field ISD Independent 20 1,450 j161802 Rapoport Academy Public School Charter 12 818 j101806 Raul Yzaguirre School For Success Charter 4 1,289 j245903 Raymondville ISD Independent 1 2,088 j192901 Reagan County ISD Independent 18 859 j019911 Red Lick ISD Independent 8 511 j070911 Red Oak ISD Independent 10 5,810 j019906 Redwater ISD Independent 8 1,106 j196903 Refugio ISD Independent 3 705 j045903 Rice CISD Independent 3 1,362 j175911 Rice ISD Independent 12 895 j093905 Richards ISD Independent 6 163 j057916 Richardson ISD Independent 10 39,314 j206902 Richland Springs ISD Independent 15 130 j214901 Rio Grande City CISD Independent 1 10,460 j031911 Rio Hondo ISD Independent 1 1,951 j126907 Rio Vista ISD Independent 11 732 j067908 Rising Star ISD Independent 14 154 j194903 Rivercrest ISD Independent 8 693 j137903 Riviera ISD Independent 2 423 j041902 Robert Lee ISD Independent 15 283 j161922 Robinson ISD Independent 12 2,355 j178909 Robstown ISD Independent 2 2,789 j160904 Rochelle ISD Independent 15 185 j166904 Rockdale ISD Independent 6 1,531 j069901 Rocksprings ISD Independent 15 313 j199901 Rockwall ISD Independent 10 16,295 j014907 Rogers ISD Independent 12 895 j214903 Roma ISD Independent 1 6,381 j152908 Roosevelt ISD Independent 17 1,093 j110905 Ropes ISD Independent 17 430 j246909 Round Rock ISD Independent 13 49,086 j139908 Roxton ISD Independent 8 160 j237905 Royal ISD Independent 4 2,412 j199902 Royse City ISD Independent 10 5,739 j091914 S and S CISD Independent 10 917


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j232902 Sabinal ISD Independent 20 469 j092906 Sabine ISD Independent 7 1,473 j123913 Sabine Pass ISD Independent 5 372 j169911 Saint Jo ISD Independent 9 283 j014908 Salado ISD Independent 12 1,405 j112909 Saltillo ISD Independent 8 247 j074917 Sam Rayburn ISD Independent 10 544 j226903 San Angelo ISD Independent 15 14,287 j015907 San Antonio ISD Independent 20 50,554 j031912 San Benito CISD Independent 1 10,468 j066902 San Diego ISD Independent 2 1,460 j071904 San Elizario ISD Independent 19 3,799 j233901 San Felipe-Del Rio CISD Independent 15 10,579 j214902 San Isidro ISD Independent 1 238 j105902 San Marcos CISD Independent 13 8,182 j245904 San Perlita ISD Independent 1 262 j206901 San Saba ISD Independent 15 736 j022903 San Vicente ISD Independent 18 12 j058909 Sands CISD Independent 17 245 j061908 Sanger ISD Independent 11 2,726 j042903 Santa Anna ISD Independent 15 264 j084909 Santa Fe ISD Independent 4 4,797 j031913 Santa Maria ISD Independent 1 685 j031914 Santa Rosa ISD Independent 1 1,106 j074911 Savoy ISD Independent 10 317 j094902 Schertz-Cibolo-Univ City ISD Independent 20 15,653 j207901 Schleicher ISD Independent 15 555 j015806 School of Excellence in Education Charter 20 667 j015831 School of Science and Technology Discovery Charter 20 1,676 j075903 Schulenburg ISD Independent 13 760 j129910 Scurry-Rosser ISD Independent 10 1,029 j083901 Seagraves ISD Independent 17 544 j008902 Sealy ISD Independent 6 2,832 j094901 Seguin ISD Independent 20 7,467 j083903 Seminole ISD Independent 17 2,895 j012901 Seymour ISD Independent 9 579 j152909 Shallowater ISD Independent 17 1,645 j108911 Sharyland ISD Independent 1 10,188 j204904 Shepherd ISD Independent 6 2,017 j091906 Sherman ISD Independent 10 7,497 j143903 Shiner ISD Independent 3 656 j019909 Simms ISD Independent 8 501 j205906 Sinton ISD Independent 2 2,206 j013905 Skidmore-Tynan ISD Independent 2 837 j152903 Slaton ISD Independent 17 1,275 j249908 Slidell ISD Independent 11 242 j001909 Slocum ISD Independent 7 423 j011904 Smithville ISD Independent 13 1,788 j208902 Snyder ISD Independent 14 2,701 j071909 Socorro ISD Independent 19 46,543 j026902 Somerville ISD Independent 6 500 j218901 Sonora ISD Independent 15 817 j015908 South San Antonio ISD Independent 20 9,103 j031916 South Texas ISD Independent 1 4,245 j085903 Southland ISD Independent 17 132


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j015917 Southside ISD Independent 20 5,654 j015912 Southwest ISD Independent 20 13,747 j098904 Spearman ISD Independent 16 883 j170907 Splendora ISD Independent 6 4,016 j101920 Spring Branch ISD Independent 4 35,022 j092907 Spring Hill ISD Independent 7 1,966 j101919 Spring ISD Independent 4 36,134 j184902 Springtown ISD Independent 11 3,582 j063903 Spur ISD Independent 17 261 j079910 Stafford MSD Independent 4 3,607 j127906 Stamford ISD Independent 14 671 j156902 Stanton ISD Independent 18 1,012 j072903 Stephenville ISD Independent 11 3,670 j216901 Sterling City ISD Independent 15 308 j247906 Stockdale ISD Independent 20 830 j211902 Stratford ISD Independent 16 590 j112910 Sulphur Bluff ISD Independent 8 218 j112901 Sulphur Springs ISD Independent 8 4,336 j110907 Sundown ISD Independent 17 629 j057919 Sunnyvale ISD Independent 10 1,813 j171902 Sunray ISD Independent 16 554 j020906 Sweeny ISD Independent 4 1,962 j177902 Sweetwater ISD Independent 14 2,227 j205907 Taft ISD Independent 2 1,110 j146907 Tarkington ISD Independent 4 1,830 j201910 Tatum ISD Independent 7 1,622 j246911 Taylor ISD Independent 13 3,198 j081904 Teague ISD Independent 12 1,045 j014909 Temple ISD Independent 12 8,631 j022004 Terlingua CSD Common 18 115 j222901 Terrell County ISD Independent 18 144 j129906 Terrell ISD Independent 10 4,617 j019907 Texarkana ISD Independent 8 7,152 j084906 Texas City ISD Independent 4 8,850 j226801 Texas Leadership Charter (TLC) Academy Charter 15 2,737 j227906 Texas School For The Deaf Tsd/Tsbvi 13 524 j101864 The Lawson Academy Charter 4 233 j166905 Thorndale ISD Independent 13 567 j246912 Thrall ISD Independent 13 697 j149902 Three Rivers ISD Independent 2 678 j224901 Throckmorton ISD Independent 9 138 j158902 Tidehaven ISD Independent 3 938 j091907 Tioga ISD Independent 10 603 j091918 Tom Bean ISD Independent 10 667 j101921 Tomball ISD Independent 4 15,933 j057849 Trinity Environmental Academy Charter 10 318 j228903 Trinity ISD Independent 6 1,238 j212904 Troup ISD Independent 7 1,081 j014910 Troy ISD Independent 12 1,534 j219903 Tulia ISD Independent 16 1,099 j178912 Tuloso-Midway ISD Independent 2 3,888 j212905 Tyler ISD Independent 7 17,534 j230908 Union Grove ISD Independent 7 740 j240903 United ISD Independent 1 43,308 j057808 Universal Academy Charter 10 2,163


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j101807 University of Houston Charter School Charter 4 127 j227806 University Of Texas University Charter School Charter 13 674 j057803 Uplift Education Charter 10 17,291 j212804 UT Tyler Innovation Academy Charter 7 700 j232904 Utopia ISD Independent 20 238 j068803 UTPB STEM Academy Charter 18 654 j232903 Uvalde CISD Independent 20 4,482 j122902 Valentine ISD Independent 18 33 j018904 Valley Mills ISD Independent 12 645 j108916 Valley View ISD Independent 1 4,480 j091908 Van Alstyne ISD Independent 10 1,598 j234906 Van ISD Independent 7 2,424 j158906 Van Vleck ISD Independent 3 1,056 j108808 Vanguard Academy Charter 1 3,283 j180902 Vega ISD Independent 16 369 j126908 Venus ISD Independent 11 2,138 j226908 Veribest ISD Independent 15 269 j244903 Vernon ISD Independent 9 2,000 j235902 Victoria ISD Independent 3 14,303 j181907 Vidor ISD Independent 5 4,552 j161914 Waco ISD Independent 12 14,821 j226906 Wall ISD Independent 15 1,135 j237904 Waller ISD Independent 4 7,154 j049908 Walnut Bend ISD Independent 11 76 j226905 Water Valley ISD Independent 15 363 j070801 Waxahachie Faith Family Academy Charter 10 2,541 j070912 Waxahachie ISD Independent 10 8,517 j227803 Wayside Schools Charter 13 2,116 j184903 Weatherford ISD Independent 11 8,116 j240904 Webb CISD Independent 1 272 j044902 Wellington ISD Independent 16 588 j223904 Wellman-Union CISD Independent 17 313 j108913 Weslaco ISD Independent 1 17,156 j161916 West ISD Independent 12 1,331 j181906 West Orange-Cove CISD Independent 5 2,404 j178915 West Oso ISD Independent 2 2,105 j168903 Westbrook ISD Independent 14 251 j220810 Westlake Academy Charter School Charter 11 853 j241904 Wharton ISD Independent 3 2,097 j092908 White Oak ISD Independent 7 1,520 j220920 White Settlement ISD Independent 11 6,853 j040902 Whiteface CISD Independent 17 324 j212906 Whitehouse ISD Independent 7 4,738 j091909 Whitesboro ISD Independent 10 1,582 j109911 Whitney ISD Independent 12 1,517 j243905 Wichita Falls ISD Independent 9 14,096 j170904 Willis ISD Independent 6 7,279 j234907 Wills Point ISD Independent 10 2,415 j105905 Wimberley ISD Independent 13 2,445 j236903 Windham School District Independent 6 - j005904 Windthorst ISD Independent 9 428 j225905 Winfield ISD Independent 8 168 j057828 Winfree Academy Charter Schools Charter 10 1,299 j248902 Wink-Loving ISD Independent 18 434 j250907 Winnsboro ISD Independent 7 1,522


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j200904 Winters ISD Independent 15 544 j174906 Woden ISD Independent 7 747 j116909 Wolfe City ISD Independent 10 674 j224902 Woodson ISD Independent 9 162 j221912 Wylie ISD - Abilene Independent 14 4,413 j043914 Wylie ISD - Wylie Independent 10 15,769 j250905 Yantis ISD Independent 7 394 j071905 Ysleta ISD Independent 19 39,902 j253901 Zapata County ISD Independent 1 3,521 j025906 Zephyr ISD Independent 15 217


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Appendix K – TexShare Electronic Resources Collection Development Policy updated FY2014

TexShare is founded on the belief of Texas State officials and librarians that citizen health and well being is furthered by efficient information exchange in all communities and institutions where quality teaching, research excellence, and lifelong learning are valued. The TexShare resource(s) program seeks to help meet the information needs of the citizens of Texas, whether they are currently attending the state's colleges and universities or seeking information from their public libraries. TexShare programs contribute to the intellectual productivity of Texans at the participating institutions by emphasizing access to rather than ownership of documents and other information sources.

TexShare Core Resource(s)

TexShare enables community colleges, universities, libraries of clinical medicine, and public libraries to broaden the range of materials and services available to their patrons. TexShare’s electronic full-text magazine and journal articles supplement resources on the local level. Given the diversity of Texas libraries, the program may not meet all of the electronic information needs of all TexShare member libraries. The TexShare electronic resources collection will provide access to broad multi-topic authoritative full-text content for both advanced scholars and the general public. When possible within budgetary constraints, additional specialized resources in the areas of literature, business, current affairs, science, history, and genealogy are selected which serve the broadest range of citizens.

The TexShare Electronic resources are selected through recommendations of the Electronic Information Working Group (EIWG), which reviews products for the TexShare program, and solicits and reviews input from member libraries. Membership in the Working Group is representative of TexShare member libraries. EIWG decisions are guided by these criteria when making decisions:

• Membership Surveys • Usage • Resource(s) Content • Vendor Reliability • Best Value

Individual Libraries can participate in the resource(s) selection by:

• Sending comments and recommendations to the EIWG • Sending recommendations about resource(s) to TexShare staff (all comments are forwarded to the EIWG) • Filling out and submitting resource(s) surveys. Sending comments throughout the statewide resource(s) trial period

to the EIWG and the TexShare staff

Ebooks

The TexShare collection of ebooks is selected through recommendations of the Electronic Information Working Group (EIWG), which reviews products for the TexShare program, and solicits and reviews input from member libraries. Ebook purchases are made on a subject basis and not title-by-title. Reconsiderations are governed by local library policy and practice. Ebook selection guidelines are developed each year based on:

• Usage Reports • Areas of subject need not met by other electronic resources • Established subject areas of collection strength • Titles available for consortial purchase from publishers • Publisher licensing which advances each library’s efficient sharing of ebooks and allows libraries to provide

reasonable access with platform neutral loan capability

TexSelect

TexShare electronic resources are supplemented through the selection of resources to be included as TexSelect products. TexSelect enables the Texas State Library and Archives Commission to utilize the aggregated purchasing power of the state to leverage the use of local funds to purchase resource(s) at discounted prices.


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Recommendations for TexSelect products will be made using similar criteria and procedures as for the TexShare Core Resource(s). Selection practices for TexSelect will accommodate selections that appeal to a smaller number of member libraries that are highly motivated to subscribe to specialized content. TexSelect products should be useful in more than one type of library, or provide unique content/indexing, and include commitment from the vendor for renewal of TexSelect discounts in future years. Additional criteria are:

• Significant subscription discounts • Content that supplements what is available in the core resource(s)

Statement of Responsibility

The TexShare Core Resource(s) offer access to a wealth of material that is personally, professionally, and culturally enriching to Texans of all ages Professional librarians select the TexShare core resource(s) by a process involving a statewide effort over an extended period of time. The purchase of electronic resource(s) and ebooks by the Texas State Library and Archives Commission does not constitute an endorsement of the ideas or opinions expressed in the content of those resource(s) and ebooks. Use of all library resources is governed by local library policies and procedures.



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Appendix L – Vendor Response Form

Tab 4 – Cost Proposal

4.1 Price Quote Vendor must provide a quote for any Core Resource included in this Offer. Package pricing is not allowed.

a) For each Core Resource, Vendor must provide the name of the resource and the proposed cost of the resource for the first year of a contract if awarded.

b) For each possible renewal period, Vendor must propose a maximum percentage increase to the contracted price.

Vendor may be contacted by TSLAC for a best and final offer prior to award of any contract. At that time, package pricing or discounts may be included in the Offer.

4.1.1.a. Individual Core Resource Pricing Table (TexShare only)

Core Resource Title Access Restrictions

Year 1 proposed cost

Year 2 max. % increase



4.1.1.b. Individual Core Resource Pricing Table (TexShare plus TexQuest--optional)

Core Resource Title Access Restrictions





4.2 Additional Features and Services Provide a list of any features and/or services that might be included in Core Resource at additional cost.

4.2.1.a Feature and Service Pricing Table (TexShare only)

Feature or Service Applicable Core Resource







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4.2.1.b Feature and Service Pricing Table (TexShare plus TexQuest--optional)

Feature or Service Applicable Core Resource





4.3 Additional Cost Information 4.3.1 If the number of records or other content included in a Core Resource drops significantly at any time in the contract, how would Vendor compensate TSLAC if a contract were awarded?

4.3.2 If a particular Core Resource becomes unavailable or fails to meet TSLAC’s minimum requirements or Terms and Conditions at any time in the contract, how would Vendor compensate TSLAC?

4.3.3 If any participating library licenses any Core Resource included in an Awarded Contract as of the date that the contract service begins, how would Vendor compensate the participating library for the remaining balance of its contract?

4.3.4 If additional eligible Texas libraries choose to participate in the TexShare or TexQuest Databases Program, will the Vendor include the joining libraries at no additional cost?

4.3.5 Please state whether the Core Resource could be included in the TexSelect and/or School Select programs. If yes, supply a schedule of proposed discounts or negotiated institutional pricing for the resource.

4.3.6 Provide the Trial Website URL and login information needed for the Mandatory Statewide Online Trial described in Section 2.8 of this Solicitation.

URL:

Login:



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Tab 5 - Vendor Qualifications

5.1 Evidence of Vendor Financial Stability Attach evidence of Vendor Financial Stability as described in Section 4.4.

5.2 Consortium References Please refer to Section 4.5 for more information.

Consortium Name: State(s):

Consortium Contact Person: Contact Title:

Phone Number: Email Address:

Brief Description of Current Vendor-Provided Resources









5.3 Vendor General Contacts Please refer to Section 4.6 for more information.

Resource Offer Contact

Contact Name:

Contact Title:

Phone Number:

Email Address:



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Contract Management Contact

Contact Name:

Contact Title:

Phone Number:

Email Address:

% Time (FTE) Dedicated to TSLAC Contract:

Account Manager

Contact Name:

Contact Title:

Phone Number:

Email Address:


Training Specialist

Contact Name:

Contact Title:

Phone Number:

Email Address:


Branding and Marketing Specialist

Contact Name:

Contact Title:

Phone Number:

Email Address:


Usage and Performance Measures Specialist

Contact Name:

Contact Title:

Phone Number:

Email Address:




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Additional Contact(s)

Role & Responsibilities:

Contact Name:

Contact Title:

Phone Number:

Email Address:


5.4 Vendor Technical Support Contacts TexShare Website Technical Support Contact

URL or Name:

Phone Number:

Email Address:

Availability:

Resource Support Contact

Role & Responsibilities:

Contact Name:

Contact Title:

Phone Number:

Email Address:




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Tab 6 - Resource Minimum Requirements Checklist Complete a separate copy of form for each Offered Resource.

If an Offered Resource may be accessed through multiple Interfaces, Vendor must complete this checklist only for the primary Interface.

Please indicate whether the Offered Resource meets each minimum requirement listed below. Offers that do not meet all minimum resource requirements will be considered non-responsive and will not be considered for further evaluation.

Platform:

Primary Interface:

Core Resource Title(s):

Yes No Comments TSLAC

Use Only General Requirements

1. Resource is accessible via the Internet

2. Resource is viewable using standard Internet browsers for Windows, Macintosh, and Linux operating systems (such as Explorer, Firefox, Safari and Google Chrome). Current and at least two prior major versions of each browser are supported.

3. An English-language version of the Resource interface is provided.

4. Resource includes content in either English or Spanish, or both.

5. Resource interface offers a search function to allow users to search metadata for all content included in the Offered Resource from any other point in the interface.

6. Resource interface offers a browse function allowing users to access any content in the Offered Resource from any other point in the interface.

7. Resource is a full-production version. Products that are currently being alpha or beta- tested at the time of statewide trials and/or demonstrations will not be considered.



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8. All copyright and royalty fees are included in the Cost Proposal provided in Tab 4. No copyright, royalty or add-on charges are allowed. External links may not go to content located behind paywalls.

9. Resource does not require authentication for access by Authorized Users or provides authentication by all of the following means:

• IP address; • EZ Proxy stanza; • SAML (e.g., OpenAthens, Shibboleth); • Library specific username and password

10. All textual or print equivalent materials included in the Offered Resource(s) are printable and downloadable.

11. All textual or print equivalent materials included in the Offered Resource(s) are available through a perma-link available to the user.

Accessibility (Tab 8.2)

12. Resource Interface(s) meets or exceeds WCAG 2.0 level AA

Security and Support (Tab 9)

13. Resource is available via the Internet 24 hours a day, 7 days a week, 365 days a year, with 98% uptime.

Usage Reports (Tab 9.4)

14. Resource usage reports are available at the state (consortial) level with breakout by institution.

15. Resource usage reports are available monthly by email and on demand by download from an Internet-accessible administrative interface.



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Tab 7 - Resource Content Coversheet Vendor must list the content included in each Offered Resource in the order indicated below. Insert a copy of this section for each Offered Resource.

Resource Title

U.S. Census schedules 1790 □ Index □ Digitized original 1800 □ Index □ Digitized original 1810 □ Index □ Digitized original 1820 □ Index □ Digitized original 1830 □ Index □ Digitized original 1840 □ Index □ Digitized original 1850 □ Index □ Digitized original 1860 □ Index □ Digitized original 1870 □ Index □ Digitized original 1880 □ Index □ Digitized original 1890 □ Index □ Digitized original 1900 □ Index □ Digitized original 1910 □ Index □ Digitized original 1920 □ Index □ Digitized original 1930 □ Index □ Digitized original 1940 □ Index □ Digitized original

% of U.S. Census schedule pages with digitized originals

Other included collections (list). Indicate Resources that include records related to:

• African-American • Mexican-American • Native American ancestry • Texas ancestry and vital records

% of other collections with digitized original records

# of digitized original records images

# of:

• Maps • Photos • Genealogy e-books • Other e-media materials

Resource Update Schedule

Enhanced access points including RSS feeds, Mobile Applications, Social Media Integration, Widgets, etc. (list)



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7.1 Programs May Offered Resource be considered for the following TSLAC programs? Refer to program details in Section 1.2, Section 1.3, and Section 1.4 of this Solicitation. If Offered Resource can be considered for the TexSelect or School Select Programs, supply a schedule of proposed discounts or negotiated institutional pricing for the resource in Tab 4.

Program YES NO Comments TexShare Databases Program

TexShare Databases Program plus TexQuest Program

TexSelect Program

School Select Program

7.2 Core Resource Title List Provide a complete list of titles included in the Offered Resource.

Include the following elements:

• Title

• Source

• Creation dates of original records

• Country of Origin

• Copyright Status of original records

1. Public Domain

2. Copyright (U.S.)

3. Copyright (other jurisdiction)

4. Other rights or restrictions on use

• Type of content

1. Census schedule

2. Archival record

3. Map

4. Book/Monograph

5. Serial Publication

6. Other type(s)

• Format of content

1. Fully indexed and searchable (Yes/No)

2. Digitized images of original records included (Yes/No)

• Language of content



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7.3 Content Removal Program Please provide information if the Offered Resources include a content removal program. If so, provide information on the following:

• How is this process accomplished? What criteria is used to remove content from the subscription?

• Is this process scheduled or on an as-needed basis?

• How will the TexShare Program Team be notified about these changes?

• Will a discount be provided for the removed content from the Offered Resource(s)?

• If not, how does the Vendor anticipate replacing the content that was removed from the Offer?

If this information does not apply, please indicate by stating “Not applicable” in this Section of the Response.

7.4 Authorized Users and Remote Access Please indicate whether the Offered Core Resource meets each required or preferred element listed below. Definitions of Authorized Users and Remote Access are provided in the Glossary (Appendix I).

Entities or Users YES NO Comments

ON-SITE USERS

Authorized users of TexShare member Texas academic libraries at all campus locations: students, faculty, staff and walk-in users while on site.

Authorized users of TexShare member Texas public libraries: library staff, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment such as cooperative reference services, and patrons in addition to walk-in visitors to a library at any authorized site.

Authorized users of TexShare member Texas public/K12 combination libraries: registered patrons, students, faculty, staff, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment such as cooperative reference services, families of students, and walk-in users while on site.



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Authorized users of TexShare member Libraries of Clinical Medicine: current employees of the institution which is served by the library, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment such as cooperative reference services, patrons of the library, and walk-in visitors to a library at any authorized site.

Authorized users at Texas State Agencies: limited to agency employees, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment, and walk-in users while on site.

Texas State Library and Archives Commission: agency employees, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment, walk-in visitors to a library at any authorized site, and patrons of library and the Texas Talking Book Program

Authorized users of TexShare partner public school districts and open enrollment charter schools for dual credit courses and Early College High Schools: faculty and staff.

Authorized users of TexQuest institutions: students, faculty, staff, and families of students

Authorized users at Texas Education Service Centers: limited to employees, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment, and walk-in users while on site.

REMOTE USERS

Authorized remote users of TexShare member academic libraries

Authorized remote users of TexShare member public libraries

Authorized remote users of TexShare member public/school library combination facilities



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Authorized remote users of TexShare member Libraries of Clinical Medicine: current employees of the institution which is served by the library, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment such as cooperative reference services, patrons of the library, and walk-in visitors to a library at any authorized site.

Authorized remote users at Texas State Agencies: limited to agency employees, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment

Authorized remote users of the Texas State Library and Archives Commission, including registrants of the Talking Book Program

Authorized remote users of TexQuest institutions: students, faculty, staff, and families of students

Authorized remote users at Texas Education Service Centers: limited to employees, independent contractors or other temporary workers while performing duties within the scope of their employment or assignment, and walk-in users while on site.



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7.5 Authentication Options Indicate whether the Offered Resource meets each required or preferred element listed below. Does resource platform support the following authentication options for participating libraries?

Authentication YES NO Comments

Library username/password

URL with embedded username and/or password

Unique URL or URL with unique parameter (e.g., token or ID)

IP Authentication

Referring URL

Single sign-on (managed by Vendor)

Single sign-on (through LMS)

EZproxy

Open Athens

Shibboleth

Other (please specify)

7.6 Implementation Can Vendor ensure that Core Resource implementation for all participating libraries, including authentication, will be completed no later than April 1, 2019?

If not, list the obstacles to implementation and earliest possible implementation date.

YES NO Comments

7.7 Additional Resource Features and Services Please indicate whether the Offered Resource includes each preferred element listed below.

Feature/Service YES NO Comments

OpenURL compliance

If yes, describe the steps required to implement linking mechanism



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Permanent Links to individual documents media, ebooks, or metadata records

MARC records for individual documents, media, ebooks, or records (Complete/Partial)

If yes, describe how libraries can download and update MARC records

Individual User Accounts

If yes, describe the value that having an individual user account provides. Indicate whether use of an individual account is required or optional.

• Required to access resource?

• Optional depending on user preference?



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Tab 8 – Core Resource Interface If more than one Core Resource Interface is included in the Offer, Vendor must provide the requested information in this section for each Core Resource Interface offered in Vendor Response.

Interface Name:

Core Resource Title(s)

8.1 Core Resource Interface Elements Indicate whether the Core Resource Interface meets each required or preferred element listed below. List the information on each interface in the order indicated below.

YES NO N/A Comments

General Interface Features

1. Compatible with Internet Explorer (specify versions) (Required)

2. Compatible with Mozilla Firefox (specify versions) (Required)

3. Compatible with Apple Safari (specify versions) (Required)

4. Compatible with Google Chrome (specify versions) (Required)

5. Compatible with mobile devices using responsive design

6. Mobile application available for iOS devices (specify iOS versions)

7. Mobile application available for Android devices (specify Android versions)

General search features

8. Search within a single collection or series

9. Expand search to include multiple collections or series

10. View search history

11. Spell Check in search box



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Keyword search mode

12. Search using Boolean logic operators (e.g., AND, OR, NOT)

13. Search using proximity operators (e.g., NEAR)

14. Search by field (e.g., IN)

15. Search by phrase (e.g., using quotation marks)

16. Search using wild card symbols and truncation

17. Search using natural language

Advanced search mode

18. Search by field (e.g., PERSON, DATE OF BIRTH, PLACE OF BIRTH, DATE OF DEATH, PLACE OF DEATH)

19. Soundex search

20. Search within fields using Boolean logic operators or equivalent

21. Search within fields using wild card symbols and truncation or equivalent

22. Combine multiple fields into a single query using Boolean operators or equivalent

Browse mode

23. Browse by record within a single series

24. Browse by date within a single collection

Search results

25. Limit search results by collection or series



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26. Limit search results by digitized original, image, or multimedia availability

27. Limit search results by collection type

28. Limit search results by date range

29. Sort search results by relevancy

30. Sort search results by record date

31. Change number of search results presented per page

32. Save selected search results to a list

Full-text Documents

33. Copy and paste text into editor (e.g. Microsoft Word, Google Docs)

34. Save document to a cloud service (e.g., Google Drive)

35. Print complete document

36. Download print-equivalent document (e.g., PDF)

37. Link directly to document using Open URL

38. Link directly to document using DOI

Other interface features

39. Context-sensitive help messages

40. Offers content in other languages besides English: specify which languages

41. Tutorials or guides to using resource linked from interface



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42. Allow custom branding in interface for all consortium institutions

43. Allow customization of interface features for all consortium institutions

44. Ability for institution to customize interface features (e.g. default search type, default search scope)

45. Ability for institution to include or exclude specific publications or content from search and browse results

46. Ability for institution to embed a Search Widget into alternate interface (webpage, content management system, course management system)



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8.2 Accessibility TSLAC is required to follow Texas Administrative Code, Title 1, Part 10, Chapter 206, Accessibility and Usability of State Web Sites, Texas Administrative Code, Title 1, Part 10, Chapter 213, and the Federal Section 508, Accessibility Standards. Please refer to Section 2.2 and Section 4.8 for more information.

8.2.1 Does Resource Interface support screen readers (e.g. JAWS)?

YES State the specific screen readers supported.

NO If Core Resource Interface is not compatible with screenreaders, describe the alternative accessible method(s) for users to make use of the Core Resource, such as a staffed telephone line.

8.2.2 Does Resource Interface support other assistive technology such as refreshable Braille displays, text enlargement software, text-to-speech, or voice-input?

YES If yes, describe the types of assistive technology supported within the Core Resource Interface.

NO If Core Resource Interface is not compatible with assistive technologies, describe the alternative accessible method(s) for users to make use of the Core Resource, such as a staffed telephone line.

8.2.3 Please describe any major updates to Resource Interface(s) planned for the contract term and how this might affect Section 508 Compliance. Note that updated VPAT(s) must be submitted to TSLAC any time a Core Resource Interface is significantly updated and may be requested annually.

8.3 Plug-ins List any plug-ins needed to access the resource Interface or view resource content (e.g. Flash, Silverlight, Java).

8.4 VPAT Attach a complete VPAT showing WCAG 2.0 compliance at the AA level for the above-named Core Resource Interface. Links to online VPATs may also be included but will not be used for evaluation. Any updates to Vendor-provided VPATs during the Solicitation evaluation period as shown in Section 3.1 must be submitted to TSLAC for re-consideration.



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Tab 9 –Resource Platform Elements If Offer includes resources hosted on different platforms, this information should be provided for each additional platform.

Platform Name:

Core Resource Title(s)

9.1 Software as a Service TSLAC requires Offered Resource(s) to be provided on a platform that is a SaaS solution meeting industry-standard security and reporting standards. Is the proposed platform a SaaS solution?

YES NO Comments

9.2 Data Security TSLAC expects that each Offered Resource platform will collect and maintain usage data concerning access and user activities. Some platforms may collect additional user data, such as usernames and passwords, institutional affiliations, date of birth, and so on. Both types of data are considered service program data.

TSLAC uses the Data Classification Template provided by the Texas Department of Information Resources, http://dir.texas.gov/View-About-DIR/Information-Security/Pages/Content.aspx?id=139, to classify its service program data and determine appropriate security controls, some of which falls under each of the four classification groups in the guide. These include:

• "Public" information that is freely available to the public

• "Sensitive" information that can be released but should be controlled to protect third parties

• "Confidential" information that is exempted from the Public Information Act

• "Regulated" information that is controlled by state and/or federal regulation or other third party agreement.

Service program data that is not "Public" information is required to be encrypted at rest and during transit, and access to it must be password controlled.

The Vendor certifies that by submission of their Response, the Vendor will abide by these requirements in order to protect users’ information.

Please refer to Section 2.2 of this Solicitation for security requirements.




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9.2.1 Categorize each type of data collected by the Offered Resource platform and describe how sensitive, confidential, and regulated data will be protected at the transaction level as well as the database level.

Data Category Protection

Usage data

• Access log Sensitive

User data

• Individual Username

Confidential

• Individual Password

Confidential

• User Email Confidential

• IP address associated with User account

Confidential

• User activities associated with User account

Confidential

9.2.2 List any additional usage and user data that will be collected by the Offered Resource platform.

Data Category Protection

9.2.3 Describe the overall security features for the Offered Resource(s) platform and explain how software and hardware security controls will be used to enable or restrict access to functions and data.

9.2.4 Describe the method(s) by which the Offered Resource platform will identify, report, and protect against anomalous activity such as spikes in authorized use, atypical patterns of access from foreign countries, DDOS attacks, and other potentially malicious use.



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9.3 Support The agency requires a baseline level of support included in Cost Proposal as described at below and in Section 2.2.

• Core Resource(s) platform will be available 24/7/365 with greater than 98% uptime over a 12-month period in order to minimize lack of access to TexQuest Core Resources statewide.

• An issue tracking system will be maintained by the Selected Vendor to enter tickets, track issues, and document activities.

• General technical email support will be available 24/7/365 to TexQuest Program Team and staff at TexQuest member libraries with greater than 99% availability over a 12-month period.

• A help desk will be available by telephone and/or email during business hours for authorized agency staff to report and/or discuss Severity Level 2 issues.

• A technical contact will be available by telephone and/or email as needed for authorized agency staff to report and/or discuss Severity Level 1 issues.

• Vendor will implement needed upgrades only with a minimum of seven (7) days’ advance notice to TexQuest Program Team; thirty (30) days’ notice is preferred.

• The Vendor will provide 24 hours’ notice to TexQuest Program Team when any critical security updates are to be implemented.

In addition, TSLAC requests that Vendor provide the following minimum levels of support for reported application issues.

Severity Level 1: Defined as a system outage or an outage of a component of the system. The impairment critically affects the primary business service, major application, or mission critical system.

Initial response and recognition of the issue is provided to the agency within one hour.

• The agency is provided with updates every hour

• Resolution of Severity Level 1 Application issues within four (4) hours

Severity Level 2: Defined as the business service, major application, or system is seriously affected or implementation stopped. No acceptable workaround is available.

Initial response and recognition of the issue is provided to the agency within one hour.

• The agency is provided with updates every two (2) hours

• Resolution of Severity Level 2 Application issues within eight (8) business hours

Severity Level 3: The business service, major application, or system is moderately impacted, no data has been lost, and the business service, application, or system is still functioning. The issue may be temporarily circumvented using an available workaround.

• Initial acknowledgement of receipt of issue within 24 hours

• Updates available to the agency once per week

9.3.1 Describe the level of support that will be available after implementation. If Vendor is proposing a different level of baseline support than is detailed above, describe what services and service levels are proposed.

9.3.2 Describe how Vendor receives, tracks, documents, and responds to support requests.



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9.4 Usage and Core Resource Performance Reports TSLAC requires that usage reports be available by the 7th of each month for the previous calendar month. Vendor-provided reports must be accurate and reliable. Vendor will maintain documentation regarding usage data collection and provide it to TSLAC upon request. In event of an audit, Vendor will provide necessary data to explain any apparent usage discrepancies, inconsistencies, or changes to usage data collection and reporting.

A. Usage Reports will be: YES NO COMMENTS Accessible to:

Authorized TSLAC email address/staff Authorized staff at member libraries

Accessible by: Online Administrative Interface Automated Email SUSHI-client Other (please specify):

Capable of producing reports: Monthly Annually Year to Date Custom period

Broken out by: Resource Interface

Broken out by: Consortium School District or charter school School campus or public/school library Other (please specify):

Downloadable as: CSV/TSV Excel spreadsheet HTML/XHTML XML

B. Usage Data Collection YES NO COMMENTS Usage is compiled:

Daily Weekly Monthly Other

C. Available Usage Data Elements YES NO COMMENTS Record Views (COUNTER R4) Result Clicks (COUNTER R4) Full Text Retrievals (COUNTER R4) Regular Searches (COUNTER R4) Total Item Investigations (COUNTER R5) Total Item Requests (COUNTER R5) Other (please specify)



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9.4.1 Is Offered Resource Platform COUNTER-compliant?

YES NO Comments If yes, is Offered Resource Platform listed on the Register of COUNTER Compliant Publishers and Vendors website as a Supported Platform?

If no, complete and return the COUNTER Compliance Form included in Tab 9.5. Form will be required annually for Core Resource Platforms claiming COUNTER compliance unless Core Resource Platform is added to COUNTER registry.

9.4.2. Sample Usage Reports

Vendors must attach a sample Vendor usage report for each platform as an Excel or CSV file. Qualified Vendors that are selected for a demonstration will be asked to show how that report is accessed or provided. An example using COUNTER 5 metrics is provided below.

CONSORTIUM USAGE REPORT SAMPLE txs_id customer_name Database Proprietary_ID Metric_Type Reporting_

Period_Total 643 Houston Public Library DB1 pubx:db1 Searches_Automated 3659 643 Houston Public Library DB1 pubx:db1 Searches_Federated 3522 643 Houston Public Library DB1 pubx:db1 Searches_Regular 1293 643 Houston Public Library DB1 pubx:db1 Total_Item_Investigations 8664 643 Houston Public Library DB1 pubx:db1 Total_Item_Requests 16481 643 Houston Public Library DB2 pubx:db2 Searches_Automated 2659 643 Houston Public Library DB2 pubx:db2 Searches_Federated 2983 643 Houston Public Library DB2 pubx:db2 Searches_Regular 833 643 Houston Public Library DB2 pubx:db2 Total_Item_Investigations 23234 643 Houston Public Library DB2 pubx:db2 Total_Item_Requests 10844 305 Rice University DB1 pubx:db1 Searches_Automated 1747 305 Rice University DB1 pubx:db1 Searches_Federated 2784 305 Rice University DB1 pubx:db1 Searches_Regular 1602 305 Rice University DB1 pubx:db1 Total_Item_Investigations 5137 305 Rice University DB1 pubx:db1 Total_Item_Requests 3847 305 Rice University DB2 pubx:db2 Searches_Automated 1876 305 Rice University DB2 pubx:db2 Searches_Federated 3746 305 Rice University DB2 pubx:db2 Searches_Regular 4709 305 Rice University DB2 pubx:db2 Total_Item_Investigations 39098 305 Rice University DB2 pubx:db2 Total_Item_Requests 16116 442 Bellaire City Library DB1 pubx:db1 Searches_Automated 368 442 Bellaire City Library DB1 pubx:db1 Searches_Federated 21 442 Bellaire City Library DB1 pubx:db1 Searches_Regular 280 442 Bellaire City Library DB1 pubx:db1 Total_Item_Investigations 4603 442 Bellaire City Library DB1 pubx:db1 Total_Item_Requests 522 442 Bellaire City Library DB2 pubx:db2 Searches_Automated 349 442 Bellaire City Library DB2 pubx:db2 Searches_Federated 275 442 Bellaire City Library DB2 pubx:db2 Searches_Regular 505 442 Bellaire City Library DB2 pubx:db2 Total_Item_Investigations 4482 442 Bellaire City Library DB2 pubx:db2 Total_Item_Requests 180



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9.5 COUNTER Compliance Form Vendor hereby confirms the following:

1. That the online usage reports supplied by Vendor to TSLAC and which Vendor asserts to be “COUNTER-compliant” conform to Release 4 and/or 5 of the COUNTER Code of Practice for E-resources.

a. List Vendor’s COUNTER-compliant reports below.

2. Vendor will implement the protocols specified in Section 7.6 and 7.7 of Release 5 of the Code of Practice to correct for the effects of federated searches, Internet robots, and discovery services on usage data.

3. Where Vendor supplies TSLAC online usage data not included in the usage reports covered in item 1 above, but which use terms defined in the COUNTER Code of Practice, that the definitions used by Vendor are consistent with those provided in the COUNTER Code of Practice.

Signature: Date:

Printed Name: Title:

Address:

Email Address: Phone:



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Tab 10 –Resource Training and Promotion If Offer includes Resources with separate training, licensing, or outreach elements, a duplicate of this Section should be inserted for each additional Offered Resource.

10.1 Core Resource Training Training for participating institutions is an essential part of successful resource implementation. Please describe the training options available if Contract is award.

Note that TSLAC retains the right to cancel any training for any reason provided one week notice is provided to Vendor. Vendor must agree to provide a minimum of 48 hours notice, except in extraordinary circumstances, if training is cancelled by Vendor or if instructor is changed.

10.1.1 Are onsite training sessions at locations in Texas included as part of the Cost Proposal?

YES NO Comments

If Yes, please answer the following questions:

1. Describe the proposed training, including minimum and maximum number of onsite sessions included in the Cost Proposal for TexQuest participating libraries.

2. If additional training sessions are required by TSLAC, include the price per session, including all expenses.

3. What is the minimum number of students required for face to face training?

4. Describe how trainers ensure that training is accessible (ADA compliant) and welcoming for all learners.

10.1.2 Are online training sessions at locations in Texas included as part of the Cost Proposal?

YES NO Comments

If Yes, please answer the following questions:

1. What is the current online training platform used by vendor?

a. Please indicate if training platform is ADA compatible. Attached the VPAT of the training platform if available.

2. Describe the proposed training, including minimum and maximum number of online training sessions included in the Cost Proposal for TexQuest participating libraries.



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3. If additional training sessions are required by TSLAC, include the price per session, including all expenses.

4. What is the minimum number of students required for online training?

5. Will recordings of online training sessions be archived and made available by Vendor?

6. How will live and recorded trainings be captioned, described, or otherwise made accessible?

10.1.3 Describe the types of training materials that will be included.

Material Type YES NO Comments / Link to Samples

Website FAQ

LibGuide

Training Video

Other (Please Specify)

10.2 Licensing and Use

10.2.1 Does the proposed Vendor contract or licensing agreement attached to this Offer in Tab 12 support the “fair use” rights of participating libraries and authorized users as provided by statute in 17 U.S.C 107?

YES NO Comments

10.2.4 Describe the amount of public domain content in Vendor’s Offered Resource(s). Describe any technological or other measures to restrict access to or use of public domain materials in Offered Resource(s).

10.3 Core Resource Promotion and Outreach 10.3.1 Are Vendor-created outreach materials available to participating libraries? If so, in which

format(s)?

YES NO Description/Link to sample files

(e.g., print, digital file)

10.3.2 Would Vendor provide staff to create custom outreach materials exclusively for TexShare to



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include TexShare branding and required acknowledgements?

YES NO Comments

10.3.3 Are templates available to participating libraries to allow them to add institutional branding or other information to outreach materials?

YES NO Comments

10.3.4 Will TSLAC be allowed to share any outreach materials provided by Vendor in its newsletter(s), blog(s), or on Facebook, Twitter, or other social media platforms?

YES NO Comments



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Tab 12 – Vendor’s Proposed Terms and Conditions, including License Agreement Insert a copy of Vendor’s standard licensing agreement(s) for each Offered Resource. The Texas State Library and Archives Commission will negotiate contract terms with successful Vendors once preferred products are determined.

Tab 14 – Strategic Plan Statement State how the Offered Resource will help TSLAC to meet each of the following Goals included in TSLAC’s Strategic Plan:

Goal 1. To articulate and advance the value of Texas libraries as essential to our communities and state.

Goal 6. To support efforts to ensure digital inclusion for Texas.

Goal 7. Continue to refine our response to the informational needs of the increasingly diverse Texas population.