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CITY SECRRTAW
/ CONTRACT NO. Ll 42-
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EBSCO PUBLISHING NOVELIST PLUS AND
NOVELIST SELECT LICENSE AGREEMENT
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9 S b E x his Agreement is made and entered into by and between EBSCO Information Services, with its
principal place of business at 10 Estes Street, Ipswich, Massachusetts (hereinafter referred to as
"EBSCO") and the City of Fort Worth, a home-rule municipal corporation of the State of Texas, located
within Tarrant, Parker, Wise, and Denton Counties (hereinafter referred to as "LICENSEE"), for and on
behalf of Fort Worth Library (hereinafter referred to as "LIBRARY." Each entity may be individually
referred to as"PARTY"and collectively as"PARTIES.")
WHEREAS, M&C C-27126 authorized the LICENSEE to enter into Interlocal Agreements with
six client libraries in the MetrOPAC Consortium as defined below in Section 1.6, for the provision of
integrated library system services and cooperative purchasing; and
WHEREAS, the LIBRARY manages and administers the Polaris integrated library system and
online catalog for and on behalf of the MetrOPAC Consortium members; and
WHEREAS, MetrOPAC Consortium members pay the LICENSEE an annual fee for Polaris
system maintenance and associated services; and
WHEREAS, EBSCO has developed NoveList Plus and NoveList Select computerized programs
that interface with the LIBRARY'S Polaris integrated library system to provide reading recommendations
and book series information through the online catalog; and
WHEREAS, the seven MetrOPAC member libraries now wish to provide their patrons access to
NoveList Plus and NoveList Select,
NOW, THEREFORE,the parties mutually agree as follows:
1. DEFINITIONS.
1.1 Authorized Sites mean all branches of the Fort Worth Library and the libraries of other
MetrOPAC Consortium members, currently Benbrook, Burleson, Haltom City, Keller, Richland
Hills, and Watauga.
1.2 Authorized User(s) mean employees, students, registered patrons, walk-in patrons, or other
persons affiliated with Licensee and Authorized Sites or otherwise permitted to use Licensee's
facilities and authorized by Licensee to access the Services.
1.3 Content means both the textual and graphic information that is transmitted via the Services for
display in online catalogs.
1.4 Integrated Library System (ILS) means an advanced technology software system specifically
designed for the efficient circulation; cataloging; acquisitions; and processing of library materials,
maintenance of customer accounts, and access to online databases and other electronic resources.
OFFICIAL. RECORD
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CITY SECRETARY
FT. WORTH,TX
1.5 Licensee means the entity or institution that makes available services offered by EBSCO. For
Purposes of this Agreement, LICENSEE or Licensee is the City of Fort Worth.
1.6 MetrOPAC Consortium means a consortium of libraries in Tarrant County, Texas whose
members receive automated library system services from the Fort Worth Library. Members share
the integrated library system database, provide reciprocal borrowing services for their residents,
and negotiate cooperative library material purchasing and licensing agreements. The consortium
comprises public libraries from the cities of Benbrook, Burleson, Fort Worth, Haltom City,
Keller, Richland Hills, and Watauga. Fort Worth Library manages the ILS and cooperative
purchases on behalf of the consortium.
1.7 Services means NoveList Select and NoveList Plus computerized programs that provide book
reviews and recommendations, and push this information into the library online catalog search
results.
1.8 Sites mean the Internet websites offered or operated by Licensee from which Authorized Users
can obtain access to EBSCO's Services.
2. LICENSE
2.1 EBSCO hereby grants to the Licensee a nontransferable and non-exclusive right to use the
Services made available by EBSCO according to the terms and conditions of this Agreement.
The Content and Services made available to Authorized Users are the subject of copyright
protection, and the original copyright owner(EBSCO or its licensors)retains the ownership of the
Content and Services and all portions thereof. EBSCO does not transfer any ownership, and the
Licensee and Sites may not reproduce, distribute, display, modify, transfer or transmit, in any
form, or by any means, the Services or any portion thereof without the prior written consent of
EBSCO, except as specifically authorized in this Agreement.
2.2 The Licensee is authorized to provide on-site access through the Sites to the Content and Service
to any Authorized User The Licensee and Sites are authorized to provide remote access to the
Content and Services to Authorized Users. For the avoidance of doubt, if Licensee provides
remote access to individuals not authorized by this Agreement, or by a subsequent amendment
hereto, on a broader scale than was contemplated at the inception of this Agreement then EBSCO
may hold the Licensee in breach and suspend access to the Service. Remote access to the
Content or Service is permitted to Authorized Users of subscribing institutions accessing
from remote locations for personal, non-commercial use. However, remote access to the
Databases or Services from non-subscribing institutions is not allowed if the purpose of the
use is for commercial gain through cost reduction or avoidance for a non-subscribing
institution. Remote access for personal use from these institutions is permissible.
2.3 Licensee and Authorized Users agree to abide by the Copyright Act of 1976 as well as by any
contractual restrictions, copyright restrictions, or other restrictions provided by publishers and
specified in the Databases or Services. Pursuant to these terms and conditions, the Licensee and
Authorized Users may download or print limited copies of citations, abstracts, full text or portions
thereof, provided the information is used solely in accordance with copyright law. Licensee and
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Authorized Users may not publish the information. Licensee and Authorized Users shall not use
the Content or Services as a component of or the basis of any other publication prepared for sale
and will neither duplicate nor alter the Content or Services in any manner, nor use same for sale
or distribution. Licensee and Authorized Users may create printouts of materials retrieved
through the Service via online printing, offline printing, facsimile or electronic mail. All
reproduction and distribution of such printouts, and all downloading and electronic storage of
materials retrieved through the Service shall be for internal or personal use. Downloading all or
parts of the Service in a systematic or regular manner so as to create a collection of materials
comprising all or part of the Service is strictly prohibited whether or not such collection is in
electronic or print form. Notwithstanding the above restrictions, this paragraph shall not restrict
the use of the materials under the doctrine of"fair use" as defined under the laws of the United
States. Publishers may impose their own conditions of use applicable only to their content. Such
conditions of use shall be displayed on the computer screen displays associated with such content.
2.4 Authorized Sites may be added or deleted from this Agreement as mutually agreed upon by
EBSCO and Licensee
2.5 Licensee agrees to comply with the Copyright Act of 1976, and to the extent not prohibited by
law, agrees to indemnify EBSCO against any actions by Licensee that are not consistent with the
Copyright Act of 1976.
2.6 The computer software utilized via EBSCO's Service is protected by copyright law and
international treaties. Unauthorized reproduction or distribution of this software, or any portion of
it, is not allowed. User shall not reverse engineer, decompile, disassemble, modify, translate,
make any attempt to discover the source code of the software, or create derivative works from the
software.
2.7 The Services are not intended to replace Licensee's existing subscriptions to content available in
the Services.
3.TERM AND RENEWALS.
The Initial Term of this Agreement shall commence on the date this Agreement is executed by
LICENSEE and continue for one year. This Agreement may then be renewed annually at the
LICENSEE's sole discretion. Fees for any renewal year shall not increase by more than 3% over the
previous year's fees. EBSCO shall provide LICENSEE with notice of any increase in fees at least sixty
(60) days prior to the beginning of the renewal term. The LICENSEE shall provide EBSCO with written
notice of its intention not to renew at least thirty (30) days prior to the expiration of the Initial Term or
any Renewal Term ("Renewal Term").
4.LIMITED WARRANTY AND LIMITATION OF LIABILITY.
4.1 EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to,
warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither
EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its
licensors any other liability in connection with the licensing of the Service under this Agreement
and/or its use thereof by the Licensee and Sites or Authorized Users.
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4.2 (Intentionally Omitted).
4.3 Licensee is responsible for maintaining a valid license to the third party resources configured to
be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a
Licensee accessing the third party resources without proper authorization.
4.4 EBSCO is not responsible if the third party resources accessible via the Services fail to operate
properly or if the third party resources accessible via the Services cause issues for the Licensee.
While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that
certain aspects of functionality may be dependent on third party resource providers who may need
to be contacted directly for resolution.
4.5 EBSCO disclaims any liability for the accuracy, completeness or functionality of any material
contained herein, referred to, or linked to. Publication of the servicing information in this content
does not imply approval of the manufacturers of the products covered. EBSCO assumes no
responsibility for errors or omissions nor any liability for damages from use of the information
contained herein. Persons engaging in the procedures included herein do so entirely at their own
risk.
5. LIABILITY AND INDEMNIFICATION
LIABILITY - EBSCO SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED,TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S)OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF EBSCO, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
INDEMNIFICATION - EBSCO HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND LICENSEE, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO EBSCO'S BUSINESS,
AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO
THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF EBSCO, ITS OFFICERS,
AGENTS,SUBCONTRACTORS,SERVANTS OR EMPLOYEES.
INTELLECTUAL PROPERTY INFRINGEMENT — (i) EBSCO warrants that all Content and
Services, or any part thereof, furnished hereunder, including but not limited to: programs,
documentation, software, analyses, applications, metbods,ways, and processes (in this Section each
individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe
upon or violate any patent, copyrights, trademarks,service marks,trade secrets,or any intellectual
Property rights or other third party proprietary rights, in the performance of Services under this
Agreement.
(ii) EBSCO shall be liable and responsible for any and all claims made against LICENSEE for
infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual
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property rights by the use of or supplying of any Deliverable(s) in the course of performance or
completion of, or in any way connected with providing the services, or LICENSEE's continued use
of the Deliverables) hereunder.
(iii) EBSCO agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the
payment of attorney's fees, any claim or action against LICENSEE for infringement of any patent,
copyright, trade mark, service mark, trade secret, or other intellectual property right arising from
LICENSEE's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it
bein2 understood that this a reement to indemnify, defend settle or pay shall not apply if
LICENSEE modifies or misuses the Deliverable(s). So long as EBSCO bears the cost and expense of
payment for claims or actions against LICENSEE pursuant to this section , EBSCO shall have the
ri ht to conduct the defense of any such claim or action and all negotiations for its settlement or
compromise and to settle or compromise any such claim; however, LICENSEE shall have the right
to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect
the LICENSEE's interest, and LICENSEE agrees to cooperate with EBSCO in doing so. In the
event LICENSEE, for whatever reason, assumes the responsibility for payment of costs and
expenses for any claim or action brought against the LICENSEE for infringement arising under
this Agreement, the LICENSEE shall have the sole right to conduct the defense of any such claim
or action and all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, EBSCO shall fully participate and cooperate with the LICENSEE in defense
of such claim or action. LICENSEE agrees to give EBSCO timely written notice of any such claim
or action, with copies of all papers LICENSEE may receive relating thereto. Notwithstanding the
foregoing, the LICENSEE's assumption of pavment of costs or expenses shall not eliminate
EBSCO's duty to indemnify the LICENSEE under this Agreement. If the Deliverable(s), or any
part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise, such use is materially adversely restricted, EBSCO shall, at its own
expense and as LICENSEE's sole remedy, either: (a) procure for LICENSEE the right to continue
to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided
that such modification does not materially adversely affect LICENSEE's authorized use of the
Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally
equivalent non-infringing Deliverables) at no additional charge to LICENSEE; or(d) if none of the
foregoing alternatives is reasonably available to EBSCO, terminate this Agreement, and refund all
amounts paid to EBSCO by the LICENSEE, subsequent to which termination LICENSEE may
seek any and all remedies available to LICENSEE under law. EBSCO'S OBLIGATIONS
HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE AND
AMOUNTS SET FORTH IN SECTION 10 OF THIS AGREEMENT.
6. PRICE AND PAYMENT.
6.1 License fees have been agreed upon by EBSCO and the Licensee as set out in Schedule A, which
is attached and incorporated into this Agreement, and include all retrospective issues of the
Products as well as updates furnished during the term of this Agreement. The Licensee's
obligations of payment shall be to EBSCO or its assignee. Payments are due upon receipt of
invoice(s) and will be deemed delinquent if not received within thirty (30) days. Delinquent
invoices are subject to interest charges of 1% per annum on the unpaid balance (or the maximum
rate allowed by law if such rate is less than 1%). The Licensee will be liable for all costs of
collection. Failure or delay in rendering payments due EBSCO under this Agreement will, at
EBSCO's option, constitute material breach of this Agreement. If changes are made resulting in
amendments to the listing of authorized Sites, Service and pricing identified in this Agreement
pro rata adjustments of the contracted price will be calculated by EBSCO and invoiced to the
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Licensee and/or Sites accordingly as of the date of any such changes. Payment will be due upon
receipt of any additional pro rata invoices and will be deemed delinquent if not received within
thirty days of the invoice dates.
6.2 LICENSEE is a tax exempt entity and shall not be liable for taxes under this Agreement.
7. TERMINATION.
7.1 In the event of a breach of any of its obligations under this Agreement, Licensee shall have the
right to remedy the breach within thirty (30) days upon receipt of written notice from EBSCO.
Within the period of such notice, Licensee shall make every reasonable effort and document said
effort to remedy such a breach and shall institute any reasonable procedures to prevent future
occurrences of such breaches. If the Licensee fails to remedy such a breach within the period of
thirty (30) days, EBSCO may (at its option)terminate this Agreement upon written notice to the
Licensee.
7.2 If EBSCO becomes aware of a material breach of Licensee's obligations under this Agreement
or a breach by Licensee or Authorized Users of the rights of EBSCO or its licensors or an
infringement on the rights of EBSCO or its licensors, then EBSCO will notify the Licensee
immediately in writing and shall have the right to temporarily suspend the Licensee's access to
the Services. Licensee shall be given the opportunity to remedy the breach or infringement
within thirty (30) days following receipt of written notice from EBSCO. Once the breach or
infringement has been remedied or the offending activity halted, EBSCO shall reinstate access to
the Services. If the Licensee does not satisfactorily remedy the offending activity within thirty
(30)days, EBSCO may terminate this Agreement upon written notice to the Licensee.
7.3 In the event no funds or insufficient funds are appropriated by the LICENSEE in any fiscal
period for any payments due hereunder, LICENSEE will notify EBSCO of such occurrence, and
this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to LICENSEE of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds have been appropriated.In the event
no funds or insufficient funds are appropriated by any member library of the MetrOPAC
Consortium, LICENSEE's total fee for Services under this Agreement shall be reduced by the
proportional amount allocated for that member library in accordance with Schedule A for the
respective fiscal period for which the member library has not appropriated sufficient funds.
7.4 The provisions set forth in Sections 2 and 5 shall survive the termination of this Agreement.
8. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT.
EBSCO has appointed an agent to receive notifications of claims of copyright infringement
regarding materials available or accessible on, through, or in connection with our services. Any person
authorized to act for a copyright owner may notify us of such claims by contacting the following agent:
Kim Stam, EBSCO Publishing, 10 Estes Street, Ipswich, MA 01938; phone: 978-356-6500; fax: 978-356-
5191; email: kstam@ebsco.com. In contacting this agent, the contacting person must provide all relevant
information, including the elements of notification set forth in 17 U.S.C. 512.
9. GENERAL.
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9.1 Neither PARTY shall be liable or deemed to be in default for any delays or failure in
performance resulting directly or indirectly from any cause or circumstance beyond its reasonable
control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military
authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation
facilities shortages or failures of equipment, or failures of the Internet.
9.2 This Agreement and the license granted herein may not be assigned by either Party without the
prior written consent of the other Party. However, EBSCO may assign or transfer the Agreement
to an affiliate of EBSCO or to a third party that acquires substantially all of its assets ("Affiliated
Party")upon 30 days written notice to the LICENSEE. If for any reason the LICENSEE does not
wish to continue the business relationship with the Affiliated Party, LICENSEE shall have the
right to terminate this Agreement and is entitled to a pro-rated refund of the price based upon the
time of use of the Services.
9.3 If any term or condition of this Agreement is found by a court of competent jurisdiction or
administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof
shall remain in full force and effect so long as a valid Agreement is in effect.
9.4 If the Licensee and/or Sites use purchase orders in conjunction with this Agreement, then the
Licensee and/or Sites agree that the following statement is hereby automatically made part of
such purchase orders: "The terms and conditions set forth in the NoveList Select and NoveList
Plus License Agreement control over any applicable purchase order and are in lieu of all terms
and conditions, express or implied, in any purchase order, including any renewals hereof."
9.5 This Agreement represents the entire agreement and understanding of the parties with respect to
the subject matter hereof and supersedes any and all prior agreements and understandings, written
and/or oral. There are no representations, warranties, promises, covenants or undertakings,
except as described herein.
9.6 EBSCO grants to the Licensee a non-transferable right to utilize any IP addresses provided by
EBSCO to Licensee to be used with the Service. EBSCO does not transfer any ownership of the
IP addresses it provides to Licensee. In the event of termination of the Licensee's license to the
Service,the Licensee's right to utilize such IP addresses will cease.
9.7 EBSCO agrees that LICENSEE shall, until the expiration of three (3) years after final payment
under this Agreement, have access to and the right to examine at reasonable times any directly
pertinent books, documents, papers and records of EBSCO involving transactions relating to this
Agreement at no additional cost to LICENSEE. EBSCO agrees that LICENSEE shall have
access during normal working hours to all necessary EBSCO facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions
of this section. LICENSEE shall give EBSCO not less than 10 days written notice of any
intended audits.
EBSCO further agrees to include in all its subcontractor agreements hereunder a provision to the
effect that the subcontractor agrees that LICENSEE shall, until expiration of three (3) years after
final payment of the subcontract, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of such subcontractor involving
transactions related to the subcontract, and further that LICENSEE shall have access during
normal working hours to all subcontractor facilities and shall be provided adequate and
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appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. LICENSEE shall give subcontractor not less than 10 days written notice of any
intended audits.
10. INSURANCE.
EBSCO shall carry the following insurance coverage with a company that is licensed to do business in
Texas or otherwise approved by the LICENSEE:
1. Commercial General Liability
a. Combined limit of not less than$2,000,000 per occurrence; $3 million aggregate or
b. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and
Umbrella Coverage in the amount of$3,000,000. Umbrella policy shall contain a follow-
form provision and shall include coverage for personal and advertising injury.
c. Defense costs shall be outside the limits of liability.
2. Automobile Liability Insurance covering any vehicle used in providing services under this
Agreement, including owned, non-owned, or hired vehicles, with a combined limit of not less
than $1,000,000 per occurrence.
3. Professional Liability (Errors & Omissions) in the amount of $1,000,000 per claim and
$1,000,000 aggregate limit.
4.Statutory Workers' Compensation and Employers' Liability Insurance requirements per the
amount required by statute.
5. Technology Liability(Errors& Omissions)
a. Combined limit of not less than$1,000,000 per occurrence; $3million aggregate or
b. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and
Umbrella Coverage in the amount of$3,000,000. Umbrella policy shall contain a follow-
form provision and shall include coverage for personal and advertising injury. The
umbrella policy shall cover amounts for any claims not covered by the primary
Technology Liability policy. Defense costs shall be outside the limits of liability.
(a) Coverage shall include, but not be limited to,the following:
(i)Failure to prevent unauthorized access
(ii)Unauthorized disclosure of information
(iii)Implantation of malicious code or computer virus
(iv)Fraud,Dishonest or Intentional Acts with final adjudication language
(v) Intellectual Property Infringement coverage, specifically including
coverage for intellectual property infringement claims and for
indemnification and legal defense of any claims of intellectual property
infringement, including infringement of patent, copyright, trade mark or
trade secret, brought against the LICENSEE for use of Deliverables,
Software or Services provided by EBSCO under this Agreement.
Technology coverage may be provided through an endorsement to the
Commercial General Liability(CGL) policy, a separate policy specific to
Technology E&O, or an umbrella policy that picks up coverage after
primary coverage is exhausted. Either is acceptable if coverage meets all
other requirements. Technology coverage shall be written to indicate that
legal costs and fees are considered outside of the policy limits and shall
not erode limits of liability. Any deductible will be the sole
responsibility of the EBSCO and may not exceed $50,000 without the
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written approval of the LICENSEE. Coverage shall be claims-made,
with a retroactive or prior acts date that is on or before the effective date
of this Agreement. Coverage shall be maintained for the duration of the
contractual agreement and for two (2) years following completion of
services provided. An annual certificate of insurance, or a full copy of
the policy if requested, shall be submitted to the LICENSEE to evidence
coverage.
6. Any other insurance as reasonably requested by LICENSEE.
General Insurance Requirements:
1. All applicable policies shall name the LICENSEE as an additional insured thereon, as its
interests may appear. The term LICENSEE shall include its employees, officers, officials, agents,
and volunteers in respect to the contracted services.
2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)
in favor of the City of Fort Worth.
3. A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall
be provided to the LICENSEE. Ten (10) days' notice shall be acceptable in the event of non-
payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000
Throckmorton,Fort Worth,Texas 76102,with copies to the City Attorney at the same address.
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk Management is
required.
5. Any failure on the part of the LICENSEE to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
6. Certificates of Insurance evidencing that the Contractor has obtained all required insurance
shall be delivered to and approved by the LICENSEE's Risk Management Division prior to
execution of this Agreement.
11. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she
has the legal authority to execute this agreement on behalf of the respective Party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement, and any amendment(s) hereto, may be executed by any authorized representative of EBSCO
whose name, title and signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit "A" and incorporated into this Agreement. Each party is fully entitled to rely
on these warranties and representations in entering into this Agreement or any amendment hereto.
Executed in multiples this the day of 20_1,�'
AGREED: AGREED:
CITY OF FORT WORTH: EBSCO I ormation ices:
By: B
Rudy Jackson ame:
Acting Assistant City Manager Title:
Date: J d -j ate:
OFFICIAL RECORD
Page 9 of 12 CITY SECRETARY
FT. WORTH,TX
Goo �. .
0 °
ATTEST: o � ATTEST:
By: $ a$ By:
Mar J. ayse °°°°°°Q00°°°°°
Name
City Secretary AS Title
:APPROVE TO FORM AND LEGALITY:
f
Maleshia armer
Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: Not required
Date Approved: N/A
OFFICIAL.RECORD
Page 10 of 12 CITY SECRETARY
FT. WORTH,TX
EXHIBIT A
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Company: :"SCO ln�or+'ro-rion scopCCS
Legal Address: 10 EStCS S,-rcpt 1psw;c h rn p o o g 3
Services to be provided: j\lave L i s r {�tts c-)/,,Ct Novc L 1 Cc-r
Execution of this Signature Verification Form ("Form") hereby certifies that the
following individuals and/or positions have the authority to legally bind the Company
and to execute any agreement, amendment or change order on behalf of Company. Such
binding authority has been granted by proper order, resolution, ordinance or other
authorization of Company. The City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with
Company. Company will submit an updated Form within ten (10) business days if there
are any changes to the signatory authority. The City is entitled to rely on any current
executed Form until it receives a revised Form that has been properly executed by the
Company.
1. Name:
Position: J�r CJWL l ��
S' afore
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature ofresiden / CEO
Other Title: ? �4!-5
Date: (p- S/S-
------------
May 2015 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
SCHEDULE A
Service Pricing Schedule
Library Population NoveList NoveList Total
Served Plus Select
Fort Worth Library(Fort Worth) 777,992 n/a $ 8,457 8,457
Burleson Public Libra (s9208722) 38,983 $ 2,229 $ 892 3,121
Benbrook Public Library(s5713832) 21,939 $ 2,229 $ 892 3,121
Haltom City Public Library 43,310 $ 3,344 $ 1,339 3 4,683
(x9212363
Keller Public Libra (s8452241) 41,923 $ 3,344 $ 1,339 4,683
Richland Hills Public Library 8,000 $ 1,485 $ 595 2,080
(s9212427)
Watauga Public Library(s9212553) 24,044 $ 2,229 $ 892 3,121
Totals 956,191 $ 14,860 $14,406 29,266
May 2015