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HomeMy WebLinkAboutContract 35192-A1CSC No. 35192-A1 AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35192 SYSTEM SUPPORT AGREEMENT This Amendment 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 OverDrive, Inc. (hereafter "Vendor"), a corporation authorized to do business in the State of Texas, located at 1 OverDrive Way, Cleveland, Ohio. City and Vendor 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. 35192 (the "Contract"); and WHEREAS, the Contract was executed for Vendor to provide the City digital book technology and services including those related to management and copyright protection of content in eBook, audio book, and multimedia in digital formats; and WHEREAS, the Contract allows for automatic 24 month renewals unless a party provides written notice of intention not to renew; and WHEREAS, the Contract was most recently renewed for an additional 24 months, specifically from July 1, 2020 to June 30, 2022; and WHEREAS, the City and Vendor now wish to modify the Contract to include the Public Library Connect service to enable students in schools within the Fort Worth Public Library's service area to directly access the City's digital book technology and services at no additional cost to the City; and WHEREAS, the attached and incorporated Library Consent Form will enable students in schools within the Fort Worth Public Library's service area to directly access the City's digital book technology and services through the Public Library Connect service. NOW, THEREFORE, City and Vendor acting herein by the through their duly authorized representatives, enter into the following addendum to the contract: 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. AMENDMENT NO. 1 TO CSC 35192 Page 1 of 4 OFFICIAL REC�RD CITY SECRETARY FT. W�RTH, TX A. The "Attached and incorporated" Schedules described in Section 1. INTRODUCTION., located on page 1 of the Agreement, is hereby amended and replaced in its entirety to read as follows: Attached and incorporated in this Agreement are the following Schedules: Schedule "A-1"—Digital Library Reserve Application Services and Fee Schedule Schedule "A-2"—Digital Library Reserve Content Service Plan Fee Schedule Schedule "B"—Digital Library Reserve and Library Website Guidelines Schedule "C"—Public Library Connect, Library Consent Form B. Schedule "C"—Public Library Connect, Library Consent Form, attached hereto, is hereby incorporated in its entirety to the Agreement. 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 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 an original. (Signature page Follows) AMENDMENT NO. 1 TO CSC 35192 Page 2 of 4 ACCEPTED AND AGREED: CITY OF FORT WORTH: �CfZC� �G�i1.4�'�.lr,lr By: Dana Burghdoff (May 24, 20 1735 CDT Dana Burghdoff Assistant City Manager Date: 05/24/2021 APPROVAL RECOMMENDED: L � iti� � �� By: � Marilyn Marvin Assistant Library Director ATTEST: BY: ��Y��l/ e�� 0 Mary J. Kayser City Secretary � u a aoF F 0000r�y�� °� � r,�, a �,A� �o 0 0 0 �o o= va o o � o � a d'� ° ° �` ` �� o��000000�� O' 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. �s�� P By: `� Timothy Shidal Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: ;LL"J,,)�U�;'� . Byi, Jessika J. Williams Assistant City Attorney Ordinance No. 24161-04-2020 CONTRACT AUTHORIZATION: M&C:N/A 1295:N/A AMENDMENTNO. 1 TO CSC 35192 Page 3 of 4 VENDO :� � By ame: rr��A LAZZ�rro Title: G l//�' F 6�✓1 e�a / G'ov,nre� Date: S'J�o �� / ATTEST: By: �� � _ Nam ' fl,�r �1�u. /1��s 2 %,�,� Title: /�tfis��v+� (�edrei�r/ C�v�rl-� OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX PUBLIC LIBRARY CONNECT • Library Consent Form LIBRARY INFORMATION Name of Public Library/Participating Library/Consortium ("Library"): OverDrive-Hosted Website URL: (ex: mylib.overdrive.com) PRIMARY CONTACT Name: Telephone: Title: Email: Schedule "C" Public Library Connect, Library Consent Form Public Library Connect (PLC) enables students in designated schools within the library's service area to directly access their OverDrive digital collection. Terms and Conditions: • The undersigned consents to allowing students from designated schools and/or school districts ("Participating School") to utilize student IDs or school or district sign on credentials to be authenticated and borrow Digital Content from the Library's OverDrive Digital Collection. • Access for students using PLC is provided to the Library at no cost and does not require any Library integration or other ILS changes. • Titles checked out by students using PLC will be reported in the Library's Marketplace Checkout report under "Borrowed from: Sora." • Participating Schools using PLC shall be limited to schools or districts within Library's legal service area and are subject to OverDrive approval. Each Participating School shall execute a consent form to agree to the terms of Library's service agreement with OverDrive. • The term of PLC shall run concurrent with the Library's OverDrive agreement. In the event of termination or expiration of Library's OverDrive agreement, Participating Schools will no longer have access to PLC. Sign us up! On behalf of Library, my signature below indicates acceptance of the above Terms and Conditions, as well as authority for my library to enter into this agreement. 1� � ���.'. : . . - � ii Title: Assistant City Manager Dana Burghdoff Name: (Print) 05/24/2021 Date: Please complete this consent form and email to connect@overdrive.com or return by fax to +1 216-573-6889. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OverDrive One OverDrive Way, Cleveland, OH 44125 • P 1+ 216-573-6886 F 1+ 216-573-6889 AMENDMENT NO. 1 TO CSC 35192 �-- - Page 4 of 4