HomeMy WebLinkAboutContract 54712 CSC No.54712
AMIGOS MEMBERSHIP AGREEMENT
This Membership Agreement is to record the understanding between AMIGOS LIBRARY SERVICES
("Amigos") and the City of Fort Worth ("Member") regarding the terms and conditions on which
Amigos will provide library information products and services to Member.
1. Rights,privileges, and obligations of Membership.
1.1 Member is granted all rights and privileges of a member in good standing of Amigos.Member
understands that it has the right to vote in Amigos Membership elections and that if it chooses
to do so, it must first register a voting representative with Amigos. By execution of this
Agreement, Member does not receive any ownership interest or control of Amigos. Nothing
herein shall require that Member take any specific actions related to its membership, except
as specifically stated herein.
1.2 Member hereby confirms that, unless otherwise agreed to by the parties in a written
agreement other than this Agreement, it will use or participate in only those services offered
by Amigos to its members at no additional fee beyond the Membership Fee (as defined in
Section 2.1 below). Such services are subject to change (in which case Amigos shall provide
reasonable notice to Member)but currently include:
1.2.1. Online Conferences
1.2.2. Know& Go Updates
1.2.3. RDA Toolkit Subscriptions for a single simultaneous user
1.2.4. Discount Direct
1.2.5. Amigos Job Bank
1.2.6. Reciprocal Borrowing Agreements.
1.3 This Membership Agreement shall be effective as of July 1, 2020, and shall expire on June
30, 2021 (the "Term"). Execution of this Agreement after the effective date shall not impact
the enforceability of this Agreement.
2. Compensation; Renewal
2.1 Member shall pay a fee for its membership ("Membership Fee") to Amigos in accordance
with the provisions of this Agreement and the attached Schedule A. Total payment made
under this Agreement for the first Term shall be$2,400,which Amigos has already received.
Member shall not be liable to Amigos for any fees not specified by this Agreement unless
Member first approves such expenses in writing.
2.2 Amigos shall provide Member with notice of the next Tenn's Membership Fee no later than
May 31 of the current Term, such fee not to exceed the amount of $5,000. Member's
membership shall be renewed for additional one-year Terms upon execution of a Renewal
Agreement substantially similar to that attached here as Exhibit A. In such case, Member
shall pay Amigos within thirty (30) days of receiving a correct and accurate invoice from
Amigos. Failure to pay within 120 days may result in suspension or termination of all
services.
3. Disclaimer of Warranty. AMIGOS MAKES NO WARRANTY, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY WITH REGARD TO THE FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY NOR TO TITLE OR AGAINST INFRINGEMENT OF
ANY SERVICE OR PRODUCT PROVIDED PURSUANT TO THIS AGREEMENT. OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
4. Termination of Membership.
4.1 This Membership Agreement may be terminated on ninety (90) days written notice by either
party. The Membership Agreement may also be terminated by Member with a thirty (30) day
written notice after receipt of a price adjustment.
4.2 If a governmental body is appropriating funds for Member and does not allocate funds needed
to make payments beyond Member's then-current fiscal period:
4.2.1. City shall provide Amigos with immediate notice;
4.2.2. The rights and privileges granted to City under Section 1 above shall terminate upon
the last to occur of(a)Amigos's receipt of such notice or(b)the expiration of the last paid
Term; and
4.2.3. Amigos shall timely refund City any fees already paid for the unfunded Term.
4.3 Resignation or termination of Membership shall not relieve Member of the obligation to pay
fees,assessments,or other charges,if any,theretofore accrued and unpaid.Amigos shall refund
already paid membership fees only in the case of non-appropriation of funds as provided in
Section 4.2. above.
5. Other.
5.1 This Membership Agreement shall be governed by, subject to, and construed in accordance
with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity,
is brought pursuant to this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas,
Fort Worth Division.
5.2 This is the entirety of the Agreement. No amendment, modification, or extension of this
Agreement shall be binding upon a party hereto unless set forth in a written instrument, which
is executed by an authorized representative of each party.
5.3 Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees,
servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, (3) received by email, or (4) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Amigos Library Services,
Attn: Dana Burghdoff,ACM Attn: Miguel Figueroa
200 Texas Street 4901 LBJ FWY, Suite 150
Fort Worth, TX 76102-6314 Dallas, TX 75244
Facsimile: (817) 392-8654 Facsimile: 972-991-6061
notices: Dana.Burghdoff@fortworthtexas.gov Figueroa@amigos.org
Invoices: LibrarVInvoices@fortworthtexas.gov
With copy to Fort Worth City Attorney's Office at
same address or email at
jo.pate@fortworthtexas.gov
5.5 Vendor agrees that City shall,until the expiration of three(3)years after final payment under this
contract, or the final conclusion of any audit commenced during the said three years,have access
to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records,including,but not limited to,all electronic records,of Vendor involving transactions
directly relating to City's Amigos membership under this Agreement. Vendor agrees that City
shall have access during normal working hours to all necessary Vendor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Vendor reasonable advance notice of intended audits.
To the extent that such an audit would require the cooperation or participation of members of
Vendor's staff, City shall reimburse Vendor for any and all Vendor staff time at the rate of fifty
dollars ($50)per hour, not to exceed a total of two thousand dollars ($2,000)per audit.
CONCURRENCE:
Baru-8cu-aA&6o
Dana Burghdoff(Oft 20,20 19:19 CDT)
Dana Burghdoff Miguel Figu
For City of Fort Worth For Amigos Library Services
Assistant City Manager
Title President and Chief Executive Officer
Title
10/20/2020 October 16, 2020
Date Date
APPROVAL RECOMMENDED: CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By: performance and reporting requirements.
Name: Marilyn Marvin �s� Q
Title: Assistant Library Director By:
Name: Timothy Shidal
ATTEST: Title: Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
By: 60r Ronald P.Gonzales(Oct 21,202008: DT) o w/n.
Name: Mary Kayser goer°�� By: Jo Pate(o 2 k12017:34 CDT)
PoF°° ° a
Title: City Secretary pFo° °°° �90� Name: Jo Ann Pate
Title: Assistant City Attorney
p°°a�nE4p54gd Ordinance No.24161-04-2020
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
SCHEDULE A
IMOM New Members
Schedule
Amigos Fee Schedule
Effective July 1,2018—June 30,2021
Amigos Membership
Academic Libraries'
Budget Range FHIm To Membership Fee
$10,000,f100 >$15.000.009 $10-000
$7.500,000 $9.999,999 $7,500
S2.000A00 $7A99,999 $5.000
$1,U00,000 $1,990.999 P.Wo
W0,1000 $9 9,999 $2,000
3050.000 TpG49,999 $1.000
-C$109,999 $349.9% 1i5U0
Public Libraries'
Budget Range
From To Membership Fes
510,000.000 >$7.50D.W0 5s 1=C
5800.00U 57.499.999 S2 30C
V50,1000 1;799.999 S1000
<$199.999 $349.999 $500
Otter Members $500
'Based on 2014 library budget data. Amigos uses NCES afar academic librarissI and IWS Ifur publrc libraries)as the source for
determining library bwdgeidaia.
Schedule A Page 1 of 2
January 20119
4901 LRJ Fvry Sr 150*Dallim.TX 75244-6179*972f951 4000.900r8434482 a 972Nd91-6061(fax)*www.amigGs.org
The prominent feature of the fee schedule is the Amigos Membership Pricing. Pricing for individual Amigos services is
avail@ ble upon reque st.as those prices depend on specific factors. For example-prices for Amigos Member Di scount
Services might be based on population served,n umber of simultaneous users-or volume:pricing far ed ucation and
consulting services depends on the length of courses or projects-
NOTE: This FY2020l21 Amigos&a Schedule A,an addendum to your Amigos membership agreement,is offectivo
July 1,2020.
Arnigos Mernber Discount Services
Prices on Request':
Database subscriptions;e-books:document delivery;electronic joumalsAll-text;library managementand
productivity tools;library archival supplies
Arnigos Consulting and Education
Services
Prices at www-amWs..ora Prices on Request:
Open registration for classes in collections care-metadata- Consulting,private workshops-
reference,technology,management and other topics. and project management-
Amigos online conferences are free to mem bers-
Trans-Arnigos Express Courier
Prices on Request:
Five-da y service;three-day service;two-day service;intro-city or intra—regiona I service
Amigos Financial Services
No charge: Prices on Request'
3"-partybilling utilizing Deposit Account' Invoice processing-
Deposit account services
If you have questions-please contact Amigos{80a}843-8482 or amigosQ@migos-g_M-
All pnces are subject w change wish 31)days written notice or upon receipt of changes by vendors. Member agrees to remit payment
within 30 days to Amigos upon receipt of a proper invoice. Prices shown are exclusive of taxes. For new orders.comact Amigos
Member discount Services.
Discounts available far volume purchases.Cant=Amigos Training Registrar-
'Prepaid funds Far Amigos'services can be maintained in a Library deposit Account A di smunt will tie credited to any member willing
to prepay a minimum or 12 manihs matching the inshLuton's fiscal penad. The account will be credited a discount based on receipt of
prepaid funds by Amigos as follows-
Funds Received By Discount Credit
Final day of the V month of fiscal period 1.00}3
Final day of the Yo month of Fiscal period .75%
Final day of the 3"month of fiscal period .50%
After the rinaI day af the 3"month of fiscal period 0.00%
a Charges are for paying invaices on behalf of member libranes Lo vendors with whom Amigos does not have a relationship.
Sched ule A Page 2 of 2
January 2018
4901 L&J FwySt 150•Dallas,TX 75244-6179;97Fl851-WW t FDth'FJ494 IS2 s 9TZ991-W61(fax}•wwwarnigos.org
EXHIBIT A
CITY SECRETARY CONTRACT NO.
RENEWAL_TO CITY SECRETARY CONTRACT NO. <>
SYSTEM SUPPORT AGREEMENT
This Renewal is executed by and between the City of Fort Worth (hereafter "City"), a
home rule municipal corporation situated in portions of Tarrant,Denton and Wise Counties,Texas,
with its principal place of business at 200 Texas Street, Fort Worth, Texas, and <> (hereafter
"Contractor"), a <> authorized to do business in the State of Texas, located at <>. City and
Contractor are each individually referred to herein as a"Party" and collectively as the "Parties."
WHEREAS, the parties have previously entered into City of Fort Worth City Secretary
Contract No. <> (the "Contract"); and
WHEREAS, the Contract was executed for Contractor to provide the City<>; and
WHEREAS, the original term of the Contract expired on<>; and
WHEREAS, the Contract allows for renewals so long as the Parties agree to renew the
Contract/at the sole discretion of the City(Choose one); and
WHEREAS,the Contract was renewed<enter information about previous renewals>; and
WHEREAS, the City and Contractor now wish to renew the term of the Contract for
continued services pursuant to the original Contract for an additional year, specifically from <>,
t00.
NOW, THEREFORE, City and Contractor acting herein by the through their duly
authorized representatives, enter into the following agreement to renew the contract:
1.
The term of the Contract is hereby renewed for an additional year and will expire<>,unless
terminated earlier in accordance with the Contract. City's fee for the renewed year is <>, to be
paid in accordance with the terms of the Contract.
(Signature page Follows)
Page 2 of 3
ACCEPTED AND AGREED:
CITY OF FORT WORTH: <contractor name>
By: By:
Name: Name:
Assistant City Manager Title:
Date: Date:
APPROVAL RECOMMENDED:
ATTEST:
By:
Name: By:
Title:
Title:
ATTEST:
By:
City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name:
Title:
APPROVED AS TO FORM AND LEGALITY:
By:
Name:
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:N/A
1295:N/A
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