CM-2022-135 - 6/10/2022hoopla® Digital Media Agreement
This hoopla Digital Medi �k ree ("Agree ent") is ade as of this "daj+ 20 Effective
Date" b and between the "Library"), an Midwest Tape, LLC.
)v -
WHEREAS, Midwest Tape's hoopla Digital Media Platform Ch opla," the "Platform," or the "hoopla
Platform") allows participating libraries to provide their users with access to digital media content using
smart phones, tablets, computers, streaming devices, and web browsers:
WHEREAS, the Platform is designed to be accessible 2417 and offers various licenses to media content
in multiple formats, including, without limitation, movies, television programs, music, audiobooks, eBooks,
and comics, subject to circulation limits (if any) and other settings established by the user's library system;
and
WHEREAS, the Library wishes to make hoopla available to its authorized users ("Patrons");
NOW THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement,
and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Library and Midwest Tape (each a "Party" and collectively the "Parties") agree as follows:
1. DEFINITIONS. The following definitions apply wherever these terms appear in this Agreement,
including the Appendices:
1.1 "Digital Media Platform" means one or more computer programs or applications owned,
maintained, and/or used by Midwest Tape to provide access to Digital Titles and/or to allow the
Library to manage its offering and Patron use of Digital Titles, including the hoopla Application,
hoopla Website, and Library Administration Website.
1.2 "Digital Titles" means any and all digital media content that Midwest Tape makes
available to the Library and its Patrons via the Digital Media Platform during the Term of this
Agreement.
1.3 "Flex Borrow" or "Flex Circulation" means an OCOU Circulation, as defined in
Appendix 2 to this Agreement. As set forth in the attached Appendix 2, a Flex Borrow occurs
when a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title that is at
that time available to that user in the form of a one-copy/one-user ("OCOU") license owned by
the Library.
1.4 "Flex License" means a one-copylone user license ("OCOU License"), as set forth in the
attached Appendix 2.
1.5 "hoopla Application" means one or more computer applications maintained, owned,
and/or used by Midwest Tape to provide access for limited periods to Digital Titles (including the
ability to browse, borrow, stream, download, and/or return such titles) using certain streaming
devices, smart phones, tablets, and/or other mobile devices.
1.6 "hoopla Website" means a Midwest Tape website (currently www.hoopladigital.com)
that may be used to access, browse, borrow, stream, and/or return Digital Titles.
1.7 "Instant Borrow" or "Instant Circulation" means a PPU Circulation, as defined in
Appendix 2 to this Agreement. As set forth in the attached Appendix 2, an Instant Borrow occurs
0312021���22- ��3r
when a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title pursuant
to a pay -per -use ("PPU") license that is paid for by the Library.
1.8 "Instant License" means a pay -per -use license ("PPU License"), as set forth in the
attached Appendix 2.
1.9 "Intellectual Property Rights" means all rights in and to patents, trademarks, service
marks, trade names, copyrights, trade secrets, technology, software, designs, algorithms, know-
how, as well as moral rights and all other intellectual and proprietary rights of any type under the
laws of any governmental authority.
1.10 "Library Administration Website" means one or more Midwest Tape website(s)
(currently available at www.midwesttapes.com) that may be accessed and utilized by the Library
to obtain OCOU Licenses, manage content available to Patrons in the Platform, and administer
Library policies in regard to Patron use of the Platform.
1.11 "Library Online Catalog" means the website(s) owned, maintained, and/or used by or
for the Library for the purpose of providing information to Patrons and/or the general public about
the Library and its various content offerings, policies, objectives, initiatives, and procedures.
1.12 "Marks" means any trademarks, service marks, trade names, logos, designs, icons,
characters, cover art, styles, trade dress, or other indicators of source associated with any Digital
Titles, including without limitation all translations or transliterations of the foregoing in any
language, or any colorable imitations or modified versions thereof.
1.13 "Midwest Tape" means Midwest Tape, LLC and any of its parents, subsidiaries, or
affiliated entities that are engaged in the business of selling and distributing media content in
digital form to libraries and library users via the Platform.
1.14 "Service Partners" means any third parties that provide digital storage, webhosting, IT
services, data analysis and processing, or distribution or other services to Midwest Tape in
connection with the Platform.
1.15 "Title Summary and Promotional Data" means, with respect to each Digital Title, the
following information and data that is made available to Library pursuant to this Agreement: (i)
title; (ii) author(s), publisher, illustrator(s), narrator(s), actor(s), director(s), producer(s), studio(s),
and similar descriptive information; (iii) if commercially used, the digital object identifier; (iv)
narrative description or summary of the work; (v) cover art and image, graphics, and other images;
(vi) copyright notice; and (vii) any other identifying information.
1.16 "Vendor" means any supplier to Midwest Tape of (i) Digital Title(s); (ii) Title Summary
and Promotional Data; and/or (iii) technology or services necessary for Midwest Tape to provide
the Platform to the Library.
2. Library RIGHTS & OBLIGATIONS.
2.1 Rights. During the Term, and subject to all the terms and limitations set forth in this
Agreement, Midwest Tape grants to the Library the non-exclusive and non-transferrable right to
display and access the Platform and Title Summary and Promotional Data for the limited purpose
of: (a) allowing Patrons to access, view, and borrow Digital Titles through the Platform and
pursuant to this Agreement; (b) promoting awareness and authorized use of the Platform,
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including via postings on the Library Online Catalog; and (c) establishing and implementing
Library -specific policies in regard to use of the Platform by the Library and Patrons, consistent
with this Agreement and the requirements of the Platform.
2.2 Limitations. Except for the limited, non-exclusive, non-transferrable rights expressly
granted to Library under this Agreement, Library shall have no right in or to, or ownership of, the
Platform, Digital Titles, hoopla Application, hoopla Website, Library Administration Website,
Marks, Title Summary and Promotional Data, or any other artwork or materials delivered by or on
behalf of Midwest Tape. The Library shall have no right to access, use, modify, or reproduce any
portion of any source code relating to the Platform, or to make, sell, or distribute any variations or
derivative works of the Platform. The Library agrees to the support and protection of Intellectual
Property Rights (including but not limited to copyright and trademark protections), to discourage
copyright or trademark infringement, to use its best efforts to prohibit Patrons or others from
engaging in such infringement (including by immediately notifying Midwest Tape of any known or
suspected violations of Intellectual Property Rights relating to use of the Platform or the Digital
Titles), and to refrain from facilitating such activity. In addition, the Library will comply with all
other requirements communicated by Midwest Tape with respect to any Intellectual Property
Rights and the Marks.
2.3 No Public Performance Rights. The Library shall have no public performance rights in
the Digital Titles. Accordingly, the Library may not offer any Digital Titles as a performance in
order to entice Patrons or the general public to come to an event, sponsored by the Library or
otherwise.
2.4 General Obligations. To facilitate the successful introduction of the Platform to Patrons,
and the use of the Platform by Patrons, the Library shall: (a) regularly communicate to staff,
Patrons, and the general public served that the Platform is available to Patrons; (b) provide
suitable training opportunities to appropriate Library staff members, so that they understand the
Platform and can assist in the promotion and the use of the Platform by Patrons; (c) regularly
feature prominent links and references to popular Digital Titles and the hoopla Website on the
Library Online Catalog's homepage; (d) incorporate MARC record data regarding Digital Titles in
the Library's catalog to enhance the discoverability of key content available in the Platform; (e)
manage all funds designated or appropriated for use of the Platform; (f) participate in the
implementation of the Platform at the Library, including without limitation by providing Midwest
Tape with sufficient and accurate information to identify Patrons of the Library who are authorized
to utilize the Platform; (g) provide Primary Support, as defined below; (h) perform requested
linkage between the Platform and the Library Online Catalog, as well as reasonable technical
services to support and maintain the Platform during the Term; and (i); notify Midwest Tape at
least three (3) business days before any change in any RSS links, ILS configuration, URL
updates, or other equipment or technology that could adversely impact the Platform and/or the
use of the Platform, including any changes that could impact the process of Patron authentication.
2.5 Network Connectivity. The Library is responsible for providing a suitable network and
Internet system for integration of the Platform into the Library Online Catalog or other systems.
2.6 Use of the Library Administration Website. The Library agrees that it is solely
responsible for managing its use of the Library Administration Website and using that website as
designed an in accordance with the Terms and Conditions posted on that website, including by
establishing, verifying, and maintaining any settings and controls regarding use of the Platform
by Patrons (e.g., limitations on circulations, content restrictions, reporting preferences, etc.).
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2.7 Library Systems. The Library is solely responsible for all aspects of catalog integration,
operation, training, support, and/or maintenance necessary for the operation of their
systems. This may include direct integration of the Platform with the Library's own systems such
as the Library Online Catalog or Library Management System. The Library shall keep its hoopla
account information current with Midwest Tape and promptly alert Midwest Tape to any significant
changes relating to the systems, including but not limited to changes of personnel that could
impact the support, functionality, and/or performance of the Platform.
2.8 Primary Support. The Library is responsible for providing its Patrons with "Primary
Support," which includes assisting Patrons with the use of the Platform, responding to Patron
questions regarding the functionality and technical requirements of the hoopla Website and the
hoopla Application, and helping Patrons with the process of communicating with Midwest Tape
where necessary and appropriate to obtain additional support and technical assistance.
2.9 No Warranties or Representations to Others. The Library represents and agrees that,
except for the representations, warranties, and promises made to Midwest Tape in this Agreement
or under the Terms and Conditions applicable to the Library Administration Website, neither the
Library nor any of its employees, agents, or others acting under its direction has made or will
make any representations or warranties, expressed or implied, to anyone concerning the
Platform, Digital Titles, hoopla Application, hoopla Website, and/or Library Administration
Website.
2.10 Compliance with Applicable Laws and Regulations. The Library will, at its own
expense, comply with all applicable laws, ordinances, rules, regulations, and other legal
requirements in connection with the Library's performance under this Agreement.
2.11 Costs and Expenses. The Library is responsible for all of its own expenses and costs
related to its performance under this Agreement. Midwest Tape has no obligation to reimburse
the Library for any expenses or costs incurred by the Library related to this Agreement or to the
performance of the Library's obligations, including but not limited to any expenses and costs
incurred in the preparation, systems integration, or use of the Digital Media Platform, Library
Administration Website, hoopla Website, and hoopla Application.
3. FEES, PAYMENTS & REPORTING.
3.1 Advance. On or before the Effective Date, the Library shall remit to Midwest Tape an
advance/down payment ("Advance") in the amount of $ , i.e., the amount
indicated for the Library's service -area population in the attached Appendix 1. These funds will
be applied toward payment of future invoices for transactions relating to the use of the Platform
by the Library and Patrons (see, e.g., Appendix 2), unless the Library notifies Midwest Tape on
or before the Effective Date that the Library instead prefers to use such funds to pay Midwest
Tape for hoopla promotional materials, events, or communication efforts in connection with the
introduction of hoopla to Library Patrons. Upon written notice to Midwest Tape, the Library may
choose to send additional funds to Midwest Tape to reestablish or replenish the Advance.
3.2 Invoicing and Payment. Except for purchases of Flex Licenses (which will be invoiced
after each purchase by the Library), Midwest Tape will invoice the Library by Invoice Period.
"Invoice Period" means a calendar monthly period in which transactional activity occurs. Payment
of each invoice will be due within thirty (30) days from the date of the invoice. During any period
in which Midwest Tape is holding an Advance from the Library, Midwest Tape will apply the
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Advance funds toward payment of the invoice upon issuance. If the Library has any remaining
Advance funds on account upon expiration or termination of this Agreement, Midwest Tape will
notify the Library and refund any unencumbered and unapplied monies upon the Library's written
request.
3.3 Reporting. Through the Library Administration Website, the Library will have access to
certain reports summarizing Patron usage, circulation data, and purchase activity for the Digital
Titles.
3.4 Taxes. The Library is required to provide a sales tax exemption certificate, if applicable,
to Midwest Tape as part of the on -boarding process. If the Library is not exempt or does not do
so, Midwest Tape will add (and collect) sales taxes to any purchases made pursuant to this
Agreement.
4, TERM AND TERMINATION.
4.1 Term. The term of this Agreement (the "Term") begins on the Effective Date and continues
for a period of 24 months thereafter.
4.2 Termination. This Agreement may be terminated in either of the following ways:
By Notice. Either Party may terminate this Agreement, with or without cause, at the end
of the Term by providing the other Party with sixty (60) days' advance written notice prior
to the end of the Term.
Due to Breach. Either Party may suspend its performance or, at that Party's sole option,
terminate this Agreement by providing the other Party with written notice of such action in
the event of (i) the other Party's material breach of this Agreement, which breach continues
uncured for a period of thirty (30) days after written notice of such breach; or (ii) the
Library's failure to perform its payment obligations under this Agreement for a period of at
least thirty (30) days.
Upon termination of this Agreement, the Library shall immediately (i) cease distribution and use
of the Platform, hoopla Application, hoopla Website, Digital Titles, Marks, Metadata, and
Promotional Postings; and (ii) pay all amounts due to Midwest Tape. Once the Library satisfies
these obligations, any unapplied portion of an Advance payment will be refunded within thirty (30)
days.
b. MIDWEST TAPE RIGHTS & OBLIGATIONS.
5.1 The hoopla Platform. Midwest Tape and/or its Service Partners will: (a) host and support
the Platform as provided in this Agreement; (b) designate an implementation specialist ("hoopla
Coordinator") to be available for customer support to the Library in connection with the launch
and implementation of the Platform; and (c) provide the Library with access to the Library
Administration Website, which offers tools to enable the Library to manage use of the Platform,
including in regard to its inventory, Patron borrowing limits, lending policies, title blocking, ratings -
and user -advisory settings, usage dashboard, and reporting.
5.2 Ownership of Vendors' Intellectual Property. Subject to the provisions of this
Agreement, hoopla vendors retain all of their Intellectual Property Rights in and to their Digital
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Titles, Metadata, Marks, and Promotional Postings, artwork, and other property that may be
utilized or accessed in connection with the Platform.
5.3 Ownership of Midwest Tape's Intellectual Property. As between the Parties, Midwest
Tape owns and retains all Intellectual Property Rights in and to the Digital Media Platform, hoopla
Application, hoopla Website, Library Administration Website, Midwest Tape and hoopla and
hoopla digital trademarks, and all other Midwest Tape intellectual property, including but not
limited to all modifications, updates, or improvements made thereto. The Library acknowledges
Midwest Tape's ownership of such Intellectual Property Rights.
5.4 Modifications to Digital Media_ Platform. Midwest Tape has the right to modify, at any
time, the Platform, hoopla Application, hoopla Website, Library Administration Website, and other
aspects and features of hoopla in Midwest Tape's sole discretion, including, without limitation, in
order to develop, modify, or improve operations, performance, or functionality.
5.5 Addition, Removal, and Modifications of Digital Titles. Midwest Tape has the right to
take any or all of the following actions with respect to any Digital Title(s) at any time and in its sole
discretion: (a) add or remove Digital Titles to or from the Platform; (b) set or adjust the applicable
fees and charges, including, without limitation, PPU Circulation Fee(s), OCOU License Fees,
and/or other charges relating to the Platform and/or the media content available on the Platform;
(c) replace content files, Metadata, and/or Promotional Postings; and (d) edit or modify editorial
content or designs. The Library will be notified by email, the Library Administration Website, or
other means of major modifications to the functionality of the Platform.
5.6 Promotion of the Platform. Midwest Tape may, at its own expense and in its own
discretion, publicize the Platform and communicate with the general public and Patrons regarding
the availability, features, and use of the Digital Titles, Digital Media Platform, hoopla Application,
and hoopla Website.
5.7 Support. Midwest Tape will support the Platform by maintaining help files, information,
and other appropriate documentation and training materials. Midwest Tape will undertake
reasonable efforts to help the Library perform the Library's obligation to provide Primary Support
to Patrons, including by offering periodic training opportunities to Library staff, updating the Library
regarding system changes, and providing the Library with answers to `frequently asked questions"
related to the Platform.
Midwest Tape will supply activation support, including assisting with the implementation of any
software, and reasonable levels of continuing support to assist the Library in its use of the
Platform. Midwest Tape will make technical support personnel available for feedback, problem
solving, and/or general questions. Technical support services to the Library include: (i)
reasonable efforts to identify, correct, and/or circumvent errors in the Platform, hoopla Application,
hoopla Website, and Library Administration Website; and (ii) supplying updates, enhancements,
and new versions of the Platform as they become available (the "Secondary Support"). Midwest
Tape has no obligation to provide Primary Support to Patrons and any support provided by
Midwest Tape to Patrons will be in Midwest Tape's sole discretion.
Midwest Tape will use reasonable efforts to provide continuous service. Permissible down time
includes periodic unavailability due to matters such as: maintenance of the server(s); installation
or testing of software, public or private telecommunications services, or internet nodes or facilities;
and failure of equipment or services outside the control of Midwest Tape. Scheduled down time
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will occur periodically and at times designed, in Midwest Tape's sole discretion, to minimize
inconvenience to hoopla users.
6. MISCELLANEOUS.
6.1 Indemnities. Each Party ("Indemnifying Party") agrees to defend, indemnify, and hold
harmless the other Party and its Service Partners from and against any and all third -party claims,
demands, suits, legal proceedings, and causes of action that arise out of or relate to any breach
by the Indemnifying Party of any of its representations and warranties as stated in this Agreement
(collectively, "Indemnifiable Claims"), including but not limited to all damages, costs, expenses,
reasonable attorneys' fees, judgments, and settlements resulting from such Indemnifiable Claims;
provided, however, that no Indemnifiable Claim may be settled without the express written
consent of the Indemnifying Party.
6.2 Indemnity Process. The Party seeking indemnification must provide prompt written
notice to the Indemnifying Party of any Indemnifiable Claim for which indemnification will be
sought. The Indemnifying Party may elect to control the defense and settlement of any
Indemnifiable Claims with counsel of its choosing. The Party seeking indemnification will
cooperate with the Indemnifying Party's defense against the Indemnifiable Claims. If any
Indemnifiable Claim is covered in part but not entirely by a Party's indemnification obligation
hereunder, the Indemnifying Party will only be responsible for costs to the extent attributable to
the covered portion.
6.3 DISCLAIMER OF WARRANTIES. MIDWEST TAPE MAKES NO WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NON -INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE.
6.4 LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN
THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST BUSINESS OPPORTUNITY,
ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE
FORESEEABLE AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF. WITHOUT RESTRICTION OF THE FOREGOING, MIDWEST
TAPE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL
FEES PAID BY LIBRARY TO MIDWEST TAPE DURING THE TWELVE MONTHS PRIOR TO
THE DATE THAT ANY CLAIM ALLEGEDLY AROSE.
6.5 Confidential Information. "Confidential Information" means any non-public information
of either Party that is disclosed to the other Party in connection with this Agreement either directly
or indirectly, in writing, orally, electronically, or by inspection of tangible objects, and that is either:
(a) designated in writing as "Confidential" at the time of disclosure orwithin five (5) days thereafter;
or (b) confidential by its very nature or that the receiving Party reasonably should know to be
confidential. Confidential Information includes, without limitation, the terms of this Agreement, any
and all non-public business plans, customer information, pricing, contract terms, available content
and sales, marketing andlor finances of the disclosing Party. Each Party agrees to hold the
Confidential Information of the other Party in confidence and to refrain from disclosing such
Confidential Information to any third party, except: (i) to the extent required to be disclosed
pursuant to governmental or judicial process, provided that notice of such process is promptly
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provided to the disclosing Party in order that it may have every opportunity to intercede in such
process to contest such disclosure or seek an appropriate protective order; or (ii) to the receiving
Party's professional advisors and contractors on a need to know basis, provided that such
advisors and contractors are under an obligation to maintain the confidentiality of the Confidential
Information. Confidential Information is the property of the disclosing Party, and the receiving
Party will not be deemed by virtue of its access to Confidential Information to have acquired any
right or interest in or to any such Confidential Information. Confidential does not affect either
Party's right to use or disclose information that is not Confidential Information, including
information that is in the public domain or that the receiving Party can show was known to it
without any confidentiality obligation prior to the disclosure by the disclosing Party.
6.6 Assignment. Except as provided herein, neither Party may, by operation of law or
otherwise, assign, sublicense, or otherwise transfer any of its rights or obligations under this
Agreement without the prior written consent of the other Party, which may not be unreasonably
withheld or delayed. Either Party may assign, transfer, or otherwise delegate any or all of its
rights and obligations under this Agreement to any parent or subsidiary entity, any successor
carrying on that part of the business to which this Agreement relates, or any purchaser of all or
substantially all of the assets or stock of such Party. Each Party may appoint contractors to
perform part of its obligations hereunder, provided that the Party remains fully responsible for
such contractor's performance. This Agreement binds, benefits, and is enforceable by and
against both Parties and their respective successors and permitted assigns.
6.7 Notices. Notices required by this Agreement must be sent by United States mail, as well
as by electronic mail (or by facsimile), directed as follows:
To Midwest Tape
Midwest Tape, LLC:
1417 Timberwolf Dr.
Holland, Ohio 43528
info@midwesttapes.com
1 (800) 875-2785
To Library:
__.QitY gf exas -.
221 East Main Street
-Round Rock. Texas 78664 --- .T.�
6.8 Amendment. No amendment, modification, addendum, or revision to this Agreement is
valid unless it is in writing and signed by all Parties to this Agreement.
6.9 Arms -Length Negotiations. This Agreement was negotiated at arm's length with each
Party receiving advice from independent legal counsel, and has been executed and delivered in
good faith. It Is the intent of the Parties that no part of this Agreement should be construed against
any Party because of the identity of the drafter.
6.10 Counterparts This Agreement may be executed in counterparts, each of which taken
together constitutes one single Agreement between the Parties.
6.11 Entire Agreement/Non-Reliance. This Agreement constitutes the sole and entire
agreement between the Parties and supersedes and merges all prior agreements, proposals,
negotiations, discussions, and understandings between the Parties relating to the subject matter
of this Agreement. No Party has relled or can rely on any statement or representation that is not
expressly contained in this Agreement as an inducement to enter into this Agreement.
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6.12 Force Maieure. No Party may be considered in default or to have incurred any liability
hereunder due to any failure to perform this Agreement should such failure arise out of causes
beyond its reasonable control, including, without limitation, work stoppages, fires, riots, accidents,
floods, storms, unavailability of utilities or fuel, Internet or other communication failures, or other
similar failures or occurrences. The time for performance will be extended for a period equal to
the duration of such conditions.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date first written above.
ACCEPTED AND AGREED
(IN - T LIBRARY NAME)
B
y
Print Name:
Print Title: - gAIr
Date Signed: _
ACCEPTED AND AGREED
MIDWEST TAPE, LLC
By: _
Print Name: v /0
Print Title:
Date Signed: ZZ Z Z
03/2021
Appendix 1
First Year Impact Projection
ROUND ROCK PUBLIC LIBRARY, 4 Cires, $3.99 All
On -Demand: The unique all in one hoopla model allows your library to only pay for what patrons borrow, while still offering an
extensive collection including audiobooks, comics, movies, and more — all on demand with no holds or waiting. Given the
lend -first nature of hoopla, the cost of the service directly relates to monthly patron usage.
About the Process: This report is based on historic data from hoopla partner libraries of similar sizes. Included are two different
adoption rates to account for community engagement and how it may impact patron usage.
Typical Patron Adoption Initiatives
-Link on library website .
-hoopla Promotional Collateral
Social Media Posts
-Physical Video Case Labels
-Library Recommendations
Accelerated Patron Adoption Initiatives
-Local PR Outreach
-Loading MARC Records for discoverability
-hoopla Engage, allowing non -cardholders to try hoopla
-Targeted Advertising Campaigns
-School promotion to students
Estimated Patrons by Month
Typical Patron Adoption & Accelerated Patron Adoption
Month
i
In
3oa
• •
•
200
i
•
•
• •
a
C
•
•
w
100
0
1
2
3
4 S
4 7
a 9 10 11 12
Proiection Settings
Typical Patron Adoption
Accelerated Patron Adoption
a 939,000+ Titles Available On Demand
Month
Expected Patrons Monthly Spend
Accelerated Patrons
200
Monthly Spend
$970
• Library Service Population: 128,739
- Average Cost Per Circ: $1.87
1 130 $640
_
- Monthly Borrows: 4
2
130
$640
200
$970
3
140
$690
210
$1,020
Your hoopla team will help you along the wayl
4
150
$730 '
230
$1,110
-Your dedicated hoopla coordinator will guide you
5
160
$780
240
$1,160
through setup, launch, and continued success
6
180
$880
270
$1,310
-Live dashboards let you monitor borrows and
�
measure the success of patron engagement
7
190
$930
290
$1,400
8
190
$930
290
$1,400
-Flexible budgeting tools and analytics allow you to
_
control your spending and easily make adjustments
9
210
$1,030
320
$1,550
as desired
10
200
$980
300
$1,450
-All patron and librarian technical support is
11
210
$1,030
320
$1,550
included and there are never any platform fees
12
230
$1,120
350
$1,700
-Free access to digital and print patron engagement
Total
$10,3H
materials at resources. hoopladigitaL com
Appendix 2
hoopla® Licenses and Distribution Models
The chart below describes the distribution models included in Midwest Tape's hoopla offering as of the
Effective Date, including the digital media licenses that are available via the Digital Media Platform.
Instant Borrows
Flex Borrows
License type
PPU (Pay -Per Use)
OCOU (One-Copy/One-User)
Circulations /
An Instant Title is a work that is
A Flex Title is only available to one user at
Borrows
available for simultaneous access by
a time, via a digital OCOU Circulation,
multiple users. Instant Titles may be
otherwise referred to as a Flex Borrow. If
accessed via PPU Circulations,
the Library has an available Flex License to
otherwise referred to as Instant
a Flex Title, a Library user may activate a
Borrows, each of which allows a user to
Flex Borrow and that license is digitally
stream, download, and/or access the
checked out and considered "in use."
chosen title for a limited time that
Other users cannot access that title during
terminates upon the expiration of a
that borrow unless (i) the Library has
fixed period or earlier "return" by the
purchased additional Flex Licenses to the
user. Instant Borrows are available
same title, one of which is available at that
regardless of whether another user has
time, or (ii) the same title also is available
borrowed the same title for use at the
as an Instant Title. A Flex Borrow allows a
same time. For each Instant Borrow, the
user to stream, download, and/or access
Library purchases one Instant License to
the title for a limited time that terminates
authorize that particular borrow.
upon the expiration of a fixed period or
earlier "return" by the user.
Available
All formats (audiobooks, eBooks,
Currently available only for audiobooks
formats
comics, movies, television, and music).
and eBooks.
A PPU-Circulation Fee is charged for
Payment
each Instant Borrow. The fees, which
obligations
are listed on the Library Administration
Flex Licenses are available for purchase
Website, vary by title and format, and
via the hoopla Library Administration
are subject to change from time to time.
Website. The costs of these licenses vary
The fee is charged regardless of
by title and format. Fees for Flex Licenses
whether the borrowed title is actually
are invoiced after each purchase (typically
accessed, viewed, streamed, or
daily).
downloaded by the user. Fees for
Instant Borrows are invoiced monthly.
II a�:
03/2021
Borrow
priority
instant Borrows
To optimize Libraries' media purchases,
Flex Borrows are prioritized over Instant
Borrows when possible. Therefore, if a
user requests an Instant Borrow, and at
that time a Flex License to that title is
available, the borrow will be fulfilled as
a Flex Borrow and no PPU-Circulation
Fee will apply.
Borrows
Same. To optimize Libraries' purchases,
Flex Borrows are prioritized over Instant
Borrows when possible.
Metering
N/A
A Flex License may be either perpetual, or
restrictions
"metered." Some publishers do not offer
perpetual licenses, but instead offer
metered licenses. Metered licenses are
limited by time period and/or number of
permitted borrows, as described in the
Library Administration Website.
Pre -Owned
If the Library has acquired OCOU Licenses
Content
from another source (Pre -Owned
Content), Midwest Tape may be able to
include them as Flex Licenses on hoopla
for the Library's users. The Library is
responsible for providing Midwest Tape
N/A
with an accurate list of Pre -Owned
Content, to enable Midwest Tape to
determine whether any or all of it may be
included on hoopla for the Library's users.
The format to be used for listing the
Library's Pre -Owned Content, including
the required certification, is set forth on
Schedule 1 to Appendix 3.
03/2021
ROUND ROC K
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Digital Media Agreement with Midwest Tape, LLC for the
purchase of the "hoopla" Digital Media Platform.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/10/2022
Dept Director: Michelle Cervantes
Cost: $15,590.00
Indexes: General Fund
Attachments: CMAF Midwest Tape (Digital Media) 6.8.22, Midwest Tape Agreement 6.8.22
Department: Library
Text of Legislative File CM-2022-235
"hoopla" digital service is a Midwest Tape proprietary design which provides libraries the only true
patron -driven acquisition model in which all digital media content (Audiobooks, ebooks, Comics, Movies,
TV and music) are available under one log -in and to every patron.
Cost:15,590.00
Source of Funds: General Fund
City of Round Rock Page 1 of 1