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Home My WebLink AboutContract 43165-R1 (infogroup- CITY SECRE1'AW CONTRACT NO. �) I RENEWAL TO LICENSE AGREEMENT Effective Date of Agreement("Effective Date"):4-15-12 Effective Date of Renewal("Renewal Effective Date"):4-15-15 to 4-15-16 CLIENT Infogroup Full Company Name Fort Worth Public Library Infogroup Inc.and its affiliates ("Infogroup") Principal Place of Business 500 W 3rd St 1020 East V Street (address/city/state/zip) Fort Worth,TX 76102 Pa illion,NE 68046 Main Business(billing)Telephone Number 817-392-8049 00+1+402-593-4500 Main Contact Name Deborah Duke Kam Draper Main Contact Phone Number 817-392-8049 800-808-1113 Ext.61348 Main Contact Fax Number 866-511-4691 Main Contact Email Address dduke fortworthlibi .or kam.draper@irtfogroup.com Technical Contact Name Same as Main Contact Technical Contact Email Address Same as Main Contact Contact for Notice Corporate Counsel Address for Notice a 1020 East V Street (address/city/state/zip ) Papillion,NE 68046 This"Renewal"is entered into as of Renewal Effective Date and between the parties listed above in accordance with the terms of the License Agreement dated as of the Effective Date listed above(the"Agreement"). The parties agree to renew the Agreement,as follows: 1. Unless otherwise set forth herein,all defined terms shall have the meanings ascribed to them in the Agreement. 2. Renewal Term:The term of this Renewal is for one yearbeginning on the Renewal Effective Date("Renewal Term"). Thereafter this Agreement shall automatically extend for additional periods of one year each(a"Renewal Term")pursuant to the Agreement unless terminated prior to such extension. If either party does not want the Agreement to automatically extend at the conclusion of a term,then such party shall give the other party written notice to that effect not less than ninty(90)days before the expiration of the existing term. 3. Fees: Client agrees to purchase the Products selected below during the Renewal Term. In consideration for the Products Client shall pay Infogroup an annual Fee of$38,767 within thirty(30)days of the Effective Date.For any Renewal Term,Client shall pay the Fees to Infogroup within thirty(30) days of the anniversary of the Effective Date of each Renewal Term. The Fees due for Renewal Terms are subject to change. If the Fees for a Renewal Term will change from the Initial Term or a previous Renewal Term(if applicable)Infogroup will provide Client with notice of such change. Purchase Order Number(where applicable): Iq Authorized Use:Subject to the terms and conditions of the Agreement,Client's subscription includes access to the following Products: cc cit Or- CL. Network to workstations Network to additional C3 Products Stand Alone within the main location sites Remote Access* 1171 'JJ® ReferenceUSATM-US Businesses ❑ W® ReferenceUSATM-US Standard White Pages ❑ LLN ® ReferenceUSATM-US Health Care Providers ❑ ® ReferenceUSATM-Canadian Businesses ❑ ® ReferenceUSA—-Canadian White Pages ❑ ® ReferenceUSA TM-New Businesses ❑ ReferenceUSA TM-New Movers/New ® Homeowners ❑ ® ReferenceUSA TM-US Consumer/Lifestyles ❑ ® ReferenceUSA TM - Historical Module ❑ ® ReferenceUSA TM -Data Visualization ❑ Z Zi ❑ Government PowerFinderTM ❑ ❑ FFICIA RECD El1:11:1 Number of Prints/Downloads for Internal Access 250 FT.WORTH,TX 1 Rev 3.4.14 umber of PrintslDownloads for Remote Access 100 umber of Authorized Users unlimited Technical support and staff training(on-site or via conference call)are included in Client's subscription and are available upon Client's request. *Remote Access for public libraries is for patrons'personal non-commercial use only. Account Access Description&Special Terms(if applicable): 5. Except as set forth in this Renewal,the Agreement shall remain unchanged and in full f rce an effect. IN WITNESS HEREOF,the parties'duly authorized representatives have executed this A eeme on the Effective Date. Fort Worth Public Library,CLIENT Infogroup Inc. Signature: Signature: Name: AZ' Name: Title:�QX,_ Ms.," Title: V� ;� Date: •22.1 S Date: i•'� 74 115 APPROVED AS TO FORM AND LEGALITY: Qrt-t e%A. l_rll� Y.7C.lAiLs CITY ATT NE, Aftfs W\ by: 0 F®L? � o < _may o a� Mary J. Kayser,City S� s nAS NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 2 Rev 3.4.14 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 43165 This Amendment is made between the City of Fort Worth ("Client"), a municipal corporation, and Infogroup, Inc. ("Infogroup"). WHEREAS, Client and Infogroup entered into an Agreement identified as Fort Worth City Secretary Contract No. 43165 for an initial term of one year beginning April 15, 2012 (the "Agreement"); and WHEREAS, it is the collective desire of both Client and Infogroup to amend the Agreement to provide for additional terms, including provisions governing audit procedures and insurance requirements. NOW THEREFORE, KNOWN ALL BY THESE PRESENT: Fort Worth City Secretary Contract No. 43165 is hereby amended to be effective on April 15, 2015 by: 1. Adding section 5.1 to read as follows: Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by Client in any fiscal period for any payments due hereunder, Client will notify Infogroup 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 the Client of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 2. Adding Section 15 to read as follows: Right to Audit. Infogroup agrees that Client 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 Infogroup involving transactions relating to this Agreement at no additional cost to Client. Infogroup agrees that Client shall have access during normal working hours to all necessary Infogroup facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Client shall give Infogroup not less than 10 days written notice of any intended audits. Infogroup further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that Client 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 pertinen , OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. (',I'�'Y SECRETARY 1 of 2 FT. WORTH, TX documents,papers and records of such subcontractor involving transactions related to the subcontract, and further that Client shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. Client shall give subcontractor not less than 10 days written notice of any intended audits. 3. Amending Section 13 to read as follows: General. No amendment of this Agreement shall be valid unless it is in writing and signed by both parties. No waiver of any provision of this Agreement shall be valid unless it is in writing and signed by the party making the waiver. Any waiver of a breach or observance of any provision of this Agreement shall not be construed as a waiver of any subsequent breach. The provisions of Sections 3, 5, 5.1, 6, 7, 8, 9, 11, and 15 shall survive any expiration or termination of this Agreement. If any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, which shall be construed as if such invalid or unenforceable provision had never been a part of this Agreement but in a manner so as to carry out as nearly as possible the parties' original intent. All other terms,provisions, conditions, covenants and recitals of said Agreement not expressly amended herein shall remain in full force and effect. APPROVED FOR APPROVD F CITY OF FORT WORTH: INFOGR P: By: By: Rudy Jacks Name: 3j Assistant City Manager Title: v Date: 4/- 22.- J.% Date: L4w 15 APPROVED AS TO FORM ATTEST: AND LEGALITY: By: o By: OB Paige Mebane Mary J. Kayser Assistant City Attorney City Secretary FO/ m OFFICIAL RECORD M&C REQUIRED CITY SECRETARY o 0-0000,00 � �ynRTM T�( ��X�jS�� P'ii'St A�iendr I �o ort Worth City Secretary Contract No.43165 2 of 4