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HomeMy WebLinkAbout25D - AGMT - DIGITAL CONTENT HOSTINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING., DATE; NOVEMBER 3, 2015 TITLE: AGREEMENT AMENDMENT WITH OVERDRIVE, INC. FOR DIGITAL CONTENT HOSTING AND DISTRIBUTION (STRATEGIC PLAN NO. 5,4B) �. y RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: T00If• f, © As Recommended EJ As Amended E Ordinance on 1®' Reading E Ordinance on 2n6 Reading El Implementing Resolution M Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Overdrive, Inc. for digital content hosting and distribution, increasing the compensation by $25,000 for a total annual amount of $50,000, for the remaining term of February 27, 2013 through February 27, 2016, and renewal term of February 28, 2016 through February 28, 2018, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION An agreement with Overdrive, Inc. began on February 27, 2013 to provide digital content hosting and distribution, such as downloadable e- books, e- audiobooks, and video streaming. The agreement terms include a hosting charge of $10,000 per year and $10,000 per year for content. In response to community demand, amendments were made to add $5,000 per year for additional content, for a total annual contract amount of $25,000. Since the Overdrive, Inc. collection has become an essential part of the E- Library service, a component of the City's Five -Year Strategic Plan, the Library proposes to make a third amendment to the agreement for an additional $25,000 per year for content for a total agreement amount not to exceed $50,000 per year through the remainder of the existing term and the renewal period. The additional $25,000 will be expended on e- books, e- audiobooks, and streaming video, and will increase the Library's digital collection from 1765 items to over 4,000 items. This expansion is required to ensure that the City of Santa Ana can offer its community digital resources comparable with those of other local library systems through the proposed Roosevelt - Walker E- Library, as well as the Library's two branches and two satellite locations. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve 2513-1 Agreement Amendment with Overdrive, Inc. November 3, 2015 Page 2 neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods.) FISCAL IMPACT Funds are available in the PRCSA Strategic Plan Projects- Contract Services- Professional account (no. 05213018 - 62300/15201701502 -3090) for the following fiscal year: FY 2015 -2016 - $25,000, FY 2016 -2017 - $25,000, FY 2017 -2018 - $25,000. r { 1� Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency EXHIBIT: Agreement Amendment APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency J 25D -2 TI3IRD AMENDMENT TO DIGITAL CONTENT HOSTING AND DISTRIBUTION AGREEMENT THIS THIRD AMENDMENT to the above - referenced agreement is made and entered into on November 3, 2015 by and between OverDrive, Inc., a Delaware corporation ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California ( "City "). RECITALS A. The parties entered into the Digital Content Hosting and Distribution Agreement #N- 2013 -018, dated February 27, 2013 ( "Agreement "), by which Contractor agreed to host and distribute digital content to the Santa Ana Library. B. On June 27, 2013, the parties executed a First Amendment to Agreement #N- 2013 -018- 001, to include additional compensation for services pursuant to the Agreement. C. On May 20, 2015, the parties entered into a Second Amendment #N- 2015 -100, to include further additional compensation for services pursuant to the Agreement, D. The term of the Agreement is for a period of three years, from February 27, 2013 through February 27, 2016, and the Agreement remains in effect. Under its terms, the Agreement may be extended for an additional two -year period, E. The parties now wish to amend the Agreement to again increase the total annual compensation to be expended under the Agreement and also to extend the term of the Agreement. The Parties therefore agree: 1. Section 2, Compensation, is further amended to include an additional twenty -five dollars ($25,000) so that the total surn to be expended under the Agreement shall not exceed fifty thousand dollars ($50,000) annually. 2. Section 3, Term, is amended to extend the term of the Agreement for an additional two -year period, from February 28, 2016 through February 28, 2018. 3. Except as modified by this Third Amendment, and all prior amendments, all terns and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HU.IZAR DAVID CAVAZOS Clerk of the Council City Manager - -more signatures on following page -- 25D -3 APPROVED AS TO FORM SOMA R. CARVALHO City Attorney By: J M. FUNK{ Assistant City Attorney RECOMMENDED FOR APPROVAL OverDrive, Inc. GERARDO MOUET Nvne: Executive Director of Parks, Title: Recreation and Community Services Agency 25D -4