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HomeMy WebLinkAboutContract 52743-R4A3CSC-52743 Renewal 4, Amendment 3 RENEWAL 4 AND AMENDMENT 3 TO CITY SECRETARY CONTRACT NO. 52743 SYSTEM SUPPORT AGREEMENT This Renewal and Amendment is executed by and between the City of Fort Worth ("City"), a Texas homerule municipal corpoation and Bibliotheca, LLC DBA Bibliotheca (“Vendor”), a limited liability company. City and Vendor are each individually referred to herein as a “Party” and collectively as “Parties.” WHEREAS, Parties have previously entered into City of Fort Worth City Secretary Contract No. 52743 (“Agreement”); WHEREAS, Agreement was executed for Vendor to provide the City maintenance and an extended warranty of specific items used throughout the City’s library system; 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”); WHEREAS, Parties amended the Agreement on September 1, 2020 in order for Vendor to provide a new subscription called Open +, a comprehensive system that allows libraries to provide more flexible hours and become more accessible to the community; WHEREAS, Parties also amended and renewed the Agreement 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 th e new Open + subscription, and to allow for unlimited one-year renewals thereafter; WHEREAS, Parties amended the Agreement on April 26, 2021 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); WHEREAS, Parties added an addendum to the Agreement on September 14, 2021 to document the annual maintenance cost for the service period of September 1, 2021 to August 31, 2022; WHEREAS, Parties most recently renewed the Agreement for a term set to expire on August 31, 2024; WHEREAS, Parties now wish to renew the term of the Agreement for continued services for an additional year, specifically from September 1, 2024 to August 31, 2025; and WHEREAS, Parties also wish to amend the Agreement to update the pricing for the new renewal period. CSC-52743 Renewal 4, Amendment 3 NOW, THEREFORE, City and Vendor acting herein by the through their duly-authorized representatives, enter into the following agreement to amend and renew the Agreement: 1. AMENDMENT TO AGREEMENT The following term hereby amends the Agreement to either replace any conflicting term in the Agreement or shall be added to the terms and shall be binding and enforceable as if it were originally included therein: The attached document from Bibliotheca, Attachment A, hereby replaces the previous Attachment A and is incorporated into the Agreement. In the event of any conflict between the Agreement and the new Attachment A, the Agreement shall control over the new Attachment A. 2. RENEWAL OF AGREEMENT 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 Renewal and 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) (Remainder of This Page Intentionally Left Blank) CSC-52743 Renewal 3 ACCEPTED AND AGREED: CITY OF FORT WORTH By: ___________________________ Name: Jesica McEachern Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Midori Clark Title: Library Director ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary 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. By: ______________________________ Name: Jessica Dean Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Andrea Phillips Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0288 Date Approved: 4/13/2021 Form 1295 Certification No.: 2021-71389 BIBLIOTHECA, LLC, DBA BIBLIOTHECA By: ______________________________ Name: Matthew Bellamy Title: President Date: ______________________________ CSC-52743 Renewal 4, Amendment 3