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HomeMy WebLinkAboutContract 52743-A2CSC No. 52743-A2 AMENDMENT NO. 2 TO CITY OF FORT WORTH CONTRACT 52743 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 Bibliotheca, LLC DBA Bibliotheca (hereafter "Vendor") a limited liability company authorized to do business in the State of TeXas, located at 3169 Holcomb Bridge Road, NW, Suite 200, Norcorss, Georgia. City and Vendor shall be referred to individually as a"Party" and collectively as the "Parties." WHEREAS, the Parties have previously entered into City of Fort Worth City Secretary Contract No. 52743 (the "Agreement"); and WHEREAS, the Agreement was eXecuted for Vendor to provide the City maintenance and an extended warranty of specific items used throughout the City's library system ("Agreement"); and WHEREAS, the Agreement began on September 1, 2018 ("Effective Date") for a one year term ("Initial Term") and was renewed for a one year term beginning on September 1, 2019 and expiring on August 31, 2020 ("First Renewal Term"); and WHEREAS, the Agreement was amended on September 1, 2020 to allow for a three- year term beginning September 1, 2020 and ending August 31, 2023 ("Amended Term"), necessary for the implementation of the new Open + subscription; and WHEREAS, the Parties now wish to amend the Agreement to allow for an increase in annual spending authority for the purchase and maintenance of equipment purchased under the agreement, as authorized under M&C 21-0288 (approved April 13, 2021). NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. 3. COMPENSATION. City shall pay Vendor in accordance with the provisions of this Agreement and the then current price schedule, attached as Exhibit "B,"—Price Schedule for Initial Term or `B-1"—Price Schedule for Renewal Periods, which shall be updated every term. Total payment made under this Agreement for the Initial Term and the First Renewal Term by City shall be in the amount of Ninety-SiX Thousand Four Hundred and Fifty-One Dollars and Sixty-Seven Cents ($96,451.67) CFW/BIBLIOTHECA CSC 52743 Amendment No. 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX per year. Total payment made under this Agreement for the Amended Term and any subsequent renewal terms shall not exceed the amount one hundred thirty thousand dollars ($130,000.00). Each term, Vendor will provide an updated Scope of Services and Price Schedule at the time of renewal, but in no event will any renewal price schedule exceed the amount included in this paragraph. Vendor shall not perform any additional services or bill for eXpenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The City and Vendor shall include the amount for any renewal terms in the renewal notice. 3. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not eXpressly amended herein shall remain in full force and effect. 4. ELECTRONIC SIGNATURE This Amendment and Renewal 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) CFW/BIBLIOTHECA CSC 52743 Amendment No. 2 Page 2 of 3 ACCEPTED AND AGREED: CITY OF FORT WORTH: �G�u'� � . �� B Dana Burghdoff (Apr 26, 20 14:05 CDT Y� Dana Burghdoff Assistant City Manager 04/26/2021 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 performance and reporting requirements. : � I� ��- By: � Marilyn Marvin Assistant Library Director ATTEST: By: ��/�������� Mary J. Kayser City Secretary VENDOR: �' � � By: ,�� �,�,.� Name: Michael Burstein Tltle: CFO Date: 4/20/21 �5�� � Timothy Shidal Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: � t,�M,)i�1,� By: Jessika J. Williams Assistant City Attorney Ordinance No. 24161-04-2020 CONTRACT AUTHORIZATION: M&C: 21-0288 1295: 2021-721389 ATTEST: By: � %! � __ _ ' _�%_,— Name: Ma;jr z,:!ies Tltle: Con�acts Manager OFFICIAL RECORD CFW/BIBLIOTHECA CSC 52743 Amendment No. 2 CITY SECRETARY FT. WORTH, TX