HomeMy WebLinkAboutContract 53303-A2 CSC No. 53303-A2
RECEIVED
JUN - 2020 AMENDMENT NO. 2
TO
CI CITY FORT WORTH H CITY OF FORT WORTH CONTRACT 53303
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and BAKER & TAYLOR, LLC. (hereafter "Vendor") a Limited Liability
Company. City and Vendor shall be referred to individually as a Party and collectively as the
Parties.
WHEREAS, on December 19, 2019, the Parties entered into City Secretary Contract
53303 for Vendor to provide books and materials and collection development and management
services to the Fort Worth Public Library("Library") ("Agreement"); and
WHEREAS, the Agreement provided a one-year term with four one-year renewal
options;
WHEREAS,the Agreement was amended on May 12, 2020, and
WHEREAS,the Parties wish to amend the Agreement to include the OCLC Online,Inc.,
6565 Kilgour Place, Dublin, Ohio 43017-3395 ("OCLC") third party license agreement for
bibliographic processing services.
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
Exhibit E— Third Party Cataloging and Record Processing Agreement is hereby added
in its entirety.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
3.
ELECTRONIC SIGNATURE
This Amendment and Extension 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)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
/BAKER&TAYLOR,LLC X
CSC 53303 Amendment 2 Page 1 of 3
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
v4MW o 'A o`f� responsible for the monitoring and administration
By, Dana Burghdoff(Idn 9,202 0:22 CDT) of this contract,including ensuring all
Dana Burghdoff performance and reporting requirements.
Assistant City Manager
Date: Jun 9, 2020
By:
APPROVAL RECOMMENDED: Timothy Shidal
Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Marilyn Marvin
Assistant Library Director
BY: Jo Pate(Ju 9, 02010:08 CDT)
ATTEST: Jo Ann Pate
Assistant City Attorney
Ordinance No. 24161-04-2020
BY ; ' CONTRACT AUTHORIZATION:
B J °' M&C:
Mary J.Kayser r- �. •:..• • ,�
City Secretary f"'' ���, 1295:
.+...,mom.. 6
�y �•1
VENDOR: '
ATTEST:
By: Stefanie Kremer(Jun 8,202016:26 EDT)
Name: Stefanie Kremer By:
Title: Pricing Services Director Name:
Date:
Jun 8, 2020 Title:
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,T.
CFW/BAKER&TAYLOR,LLC
CSC 53303 Amendment 2 Page 2 of 3
EXHIBIT E OCLC20090903
THIRD PARTY CATALOGING AND RECORD PROCESSING AGREEMENT
This agreement ("Agreement"), effective as of the last date signed below, by and between City of Fort Worth
a not-for-profit institution organized and existing under the laws of TX hereinafter referred to as "Library", and
Baker&Taylor,LLC , a corporation organized and existing under the laws of the State of NC ,hereinafter referred to as'Vendor."
WHEREAS, Library and Vendor have contracted with each other, prior to or at the same time as this Agreement,for cataloging and other record processing
services by Vendor to Library. Library has made, or will make, available to Vendor copies of bibliographic data, library holdings and other information
derived from the online database of such information maintained by OCLC, Inc. (such database hereinafter referred to as"WorldCat(Y"and such bibliographic
data, library holdings and other information hereinafter referred to as"WorldCat Records");and
WHEREAS, in order for Library to continue making OCLC-Derived Records available to Vendor,it is necessary that Vendor provide assurances concerning
its use of such OCLC-Derived Records;and
WHEREAS,in order for Vendor to perform online cataloging services for the Library,it is necessary that Vendor provides assurances concerning its use of
WorldCat.
NOW,THEREFORE,in consideration of the premises and other valuable consideration,Library and Vendor agree as follows:
1. All present, executory contracts between Library and Vendor will be deemed amended to include the terms of this Agreement, and all future contracts
between them,which are executed while this Agreement remains in effect,will be deemed to include such terms(referred to herein as"Contracts").
2. Vendor will make no copies and no use of the OCLC-Derived Records except as necessary to carry out the Contracts, and acknowledges that
delivery of the OCLC-Derived Records to Vendor does not represent a transfer of ownership of the records or any copies thereof.
3. Vendor agrees that it will not transfer or otherwise make available OCLC-Derived Records or copies thereof or derivative works made therefrom to any
other party, and will promptly return to Library, at its request, all OCLC-Derived Records received in connection with each Contract, upon completion
thereof,and all copies of such Records.
4. Vendor's use of WorldCat will be for the exclusive purpose of providing cataloging services to the Library as agreed to herein. Vendor agrees that it will
not download or export any records from WorldCat except as to fulfill its duties to the Library. Any other use is strictly prohibited. In the event that
OCLC Online Computer Library Center, Inc. ("OCLC") is made aware that Vendor is using WorldCat for any purpose other than as authorized by this
Agreement,OCLC shall have the right to immediately suspend Vendor's access to WorldCat. At OCLC's request,Library will terminate this Agreement
immediately upon knowledge that Vendor has used WorldCat for any purpose other than as authorized by this Agreement.
5. This Agreement is terminable by either party at any time, with or without cause, by thirty(30) days prior written notice sent by prepaid certified first-
class mail,with return receipt requested,to:
City of Fort Worth
(Library)
200 Texas Street
Fort Worth,Texas 76102
Attention: Dana Burghdoff,Assistant City Manager
OCLC, Inc.
6565 Kilgour Place
Dublin,Ohio 43017
Attention:Legal
Baker&Taylor, LLC (Vendor)
2550 West Tyvola Road,Suite 300
Charlotte, North Carolina 28217
Attention: Stefani Kremer, Director, Pricing Services
Such addresses may be changed by any party by written notice to the other party sent by prepaid certified first-class mail,with return receipt requested,
to the addresses above. All notices given in accordance with this Section 6 shall be deemed given on the date of proper deposit in the U.S.mail.
6. It is agreed that OCLC is intended to be a third party beneficiary of this Agreement.
7. Vendor's obligations under this Agreement, as they affect any Contract, which has become effective prior to the termination hereof, shall survive any
such termination.
8. This Agreement is the final,complete and exclusive statement of the agreement between Library and Vendor with respect to the subject matter hereof,
and may not be terminated(other than as provided in Section 6 above), amended or canceled except by a writing signed by both parties hereto and,as
a condition precedent to the effectiveness thereof, with a copy thereof furnished by Library to OCLC by the same means and at the same address as
provided in Section 6 above. No waiver of any provision of this Agreement or of any right hereunder shall be deemed a further waiver of such provision
or right,or a waiver of any other provision or right hereunder.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated below.
Vendor: Baker&Taylor,LLC Library: City of Fort Worth
Stefk�rie lamel- a! P..(96.2.
By. 6tetamegremer(Jun 8,202016:26 EDT) By Dana Burgh 242]CD
Title: Director,Pricing Services Title: Assistant City Manager
Date: Jun 8,2020 Date: Jun 9,2020
Library OCLC Holding Symbol: IFA
CFW/BAKER&TAYLOR,LLC
CSC 53303 Amendment 2 Page 3 of 3