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HomeMy WebLinkAboutContract 47272-A2 CSC No.47272-A2 AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO.47272 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF RICHLAND HILLS This Amendment is made a part of the interlocal agreement between the CITY OF FORT WORTH (hereafter"City") and CITY OF RICHLAND HILLS (hereafter "MetrOPAC Library").City and MetrOPAC Library shall be referred to individually as a Party and collectively as the Parties. WHEREAS, on July 24, 2014, the City entered into City Secretary Contract No.45777 with Innovative Interfaces Inc. (hereafter "Vendor") for Vendor to provide the City with an integrated library system consisting of hardware, software and related services ("Polaris ILS"); and WHEREAS, City Secretary Contract No. 45777, which provides for a five-year term and an unlimited one-year renewal option, was recently renewed providing for a continuation of services between Vendor and the City from July 22,2020 to July 21,2021 (City Secretary Contract No.45777-R4); and WHEREAS,on November 30,2015 the Parties entered into City Secretary Contract No. 47272 for MetrOPAC Library to receive automated library system services from the City, provide reciprocal borrowing services for their residents, and negotiate cooperative library material purchasing and licensing agreements; and WHEREAS,City Secretary Contract No. 47272 Section I L I provides that MetrOPAC Library shall retain ownership and use of its data and City will pass along any system vendor charges related to extracting their records from the system; and WHEREAS, City Secretary Contract No. 47272-RIAI expires on September 30, 2021 and MetrOPAC Library provided the City with a withdrawal notice on January 28,2021; and WHEREAS, MetrOPAC Library previously requested extraction of its data from the Vendor's system and removal of its setup from the City system, and entered into an Addendum under the Agreement with City to provide such services(CSC No.47272-AD I); and WHEREAS, MetrOPAC Library has now elected to extract its own data from the Vendor's system through a tool set called Simply Reports, a method of data extraction already accessible by the Library considered reasonable by both Parties under the Agreement;and WHEREAS,the Parties agree to terminate the request for services under CSC No.47272- ADI and hereby agree that no work will be completed or compensated under CSC No. 47272- ADI. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: OFFICIAL RECORD CFW/CITY OF RICHLAND HILLS CITY SECRETARY CSC 47272 Amendment No. 2 FT. WORTH, TX The parties agree that the recitals set forth above are true and correct and are hereby incorporated into the Agreement,as set forth in full. I. CSC No.47272-ADI of the Agreement, is hereby deleted in its entirety. No work will be completed or compensated under CSC No. 47272-ADI. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. (Signature pagefollows) CTTWI/CITY OF RICH LAND FULLS CSC 47272 Amendment No. 2 Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: Dana a"L4o F By signing I acknowledge that I am the By: Dana Burghdoff u16,202117:13CDT) person responsible for the monitoring and Dana Burghdoff administration of this contract, including Assistant City Manager ensuring all performance and reporting requirements. Date: APPROVAL RECOMMENDED: By: Timothy Shidal Administrative Services Manager By: f Marilyn Marvin APPROVED AS TO FORM AND Assistant Library Director LEGALITY: ATTEST: a�FORr�a a o 0. °0000 0 ate° 0'4 By: �vo o=� Jessika Williams By: ``` 0, o �*�� Assistant City Attorney Mary J. Kayser �aa° 00000000 O° a City Secretary Ordinance No. 241 b 1-04-2020 ��nEX oo CONTRACT AUTHORIZATION: M&C: NIA MetrOPAC Library t ,",62 By: _ () Name: Candice Edmondson Title::/City ,Manager Date: Cnv/CITY OF RICI ILAND IIILLS OFFICIAL RECORD CSC 47272 Amendment No.2 CITY SECRETARY FT. WORTH, TX ■ 11ci fl 011_ 1 1 � kL City of Fort Worth June 7,2021 City of Richland Hills Attn:Candice Edmondson,City Manager 3200 Diana Drive Richland Hills,Texas 76118 Via Certified Mail & Email:cedmondson@richlandhills.com RE: Position Statement of City of Fort Worth regarding City Secretary Contract No.47272 Dear Ms. Edmondson: The City of Fort Worth("City")and City of Richland Hills("MetrOPAC Library")are currently parties to an interlocal agreement for library services, said agreement being City Secretary Contract Number 47272 dated effective as of November 30, 2015 ("Agreement"). The purpose of this letter is to serve as the City's position statement in regards to its obligation to extract data under the Agreement upon termination. The purpose of the Agreement was for MetrOPAC Library to receive automated library system services from the City, provide reciprocal borrowing services for their residents,and negotiate cooperative library material purchasing and licensing agreement in relation to City Secretary Contract No. 45777. The City entered into City Secretary Contract No. 45777 with Innovative Interfaces Inc. ("Vendor") for Vendor to provide the City with an integrated library system consisting of hardware, software and related services. The current renewal period for the Agreement with MetrOPAC Library expires on September 30, 2021. MetrOPAC Library provided the City with a Notice of Intent to Terminate Agreement("Notice") on January 28, 2021. Per the Notice,the Agreement will terminate at the end of the current renewal period. Under Section 10.1 of the Agreement, within ninety(90) days of the effective date of termination,and at MetrOPAC Library's sole cost and expense, City will provide MetrOPAC Library with an industry-standard copy of MetrOPAC Library's database on a machine-readable tape in MARC format or such other format reasonably requested by MetrOPAC Library and available to City. In its Notice, MetrOPAC Library asked City to provide an industry-standard copy of its database on a machine-readable tape pursuant to Section 10. However, in an email dated April 19, 2021, Erica Gill, Library Services Director for Haltom City, represented that the MetrOPAC Libraries for Keller,Burleson,Haltom City, Watauga and Richland Hills collectively decided not to utilize Vendor for extraction services in order to obtain a machine-readable tape in MARC format. Instead,the representative for all five Libraries agreed to extract their own data with the understanding that they would not be able to access their data after September 30,2021. The MetrOPAC Libraries have represented to City staff that they will be taking a copy of their data through a too] set called Simply Reports,a tool that is already accessible by each library.This method of data extraction is Ms Candice Edmondson June 7.2021 Page 2 of 2 considered reasonable by both MetrOPAC Library and City. Thus, the City's position is that it has fulfilled its obligation to extract and provide MetrOPAC Library with an industry-standard copy of its database. Please note, prior to electing to extract its own data, MetrOPAC Library executed an Addendum to the Agreement, authorizing extraction services through Vendor(City of Port Worth CSC No.47272-AD1).Attached you will find an Amendment to the Agreement for signature that acknowledges services under the Addendum are no longer being requested and that no work will be performed under CSC No.47272-AD1. In the event that you have any questions or disagree with the City's position, please do not hesistate to contact me. Very truly yours, �Xw b'GI�A�lG2jt1� ' By:Dana Burghdoff(JtKa,2021 U35 CDT) Dana Burghdoff Assistant City Manager Date:06/08/2021 cc: Chantele Hancock, Director of Richland Hills Public Library(chantele a richlandhills.com)