City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: OCTOBER 6, 2026 FROM: LIBRARY DEPARTMENT WARD(S): ALL SUBJECT: THIRD AMENDMENT TO SUBSCRIPTION SERVICES AGREEMENT WITH OVERDRIVE INC. OF CLEVELAND OHIO FOR SUBSCRIPTION SERVICES TO ACCESS THE LIBRARY DIGITAL COLLECTION, TO EXTEND THE CONTRACT TERM TO JUNE 30, 2027, TO INCREASE THE CONTRACT BY $300,000 FOR A REVISED TOTAL AGREEMENT AMOUNT OF $578,075 ISSUE:
Consider approving the Third Amendment to Subscription Services Agreement with Overdrive Inc. of Cleveland, Ohio for Subscription Services to Access the Library Digital collection, to extend the contract term to June 30, 2027, to increase the contract by $300,000 for a revised Total Agreement Amount of $578,075.
RECOMMENDATIONS:
That the City Council:
Approve the Third Amendment to Subscription Services Agreement with Overdrive Inc. of Cleveland, Ohio for Subscription Services to Access the Library Digital collection, to extend the contract term to June 30, 2027, to increase the contract by $300,000 for a revised Total Agreement Amount of $578,075; and Authorize the City Manager, or designee, to execute the Amendment with Overdrive Inc., including making minor and non-substantive changes.
BACKGROUND:
On October 11, 2024, the City and OverDrive entered into a Digital Library Reserve Order Form and Access Agreement for digital library services for an initial term of twelve (12) months. The First Amendment to the agreement was entered into on May 14, 2025, to increase compensation and make the new Contract Price not to exceed $185,266. The Second Amendment to the agreement extended the term length of the Agreement to June 30, 2026, and added an amount of $278,075.
DISCUSSION:
The Library is seeking to enter a third amendment to extend the contract term to June 30, 2027, and to increase the contract by $300,000 for a total contract amount of $578,075. This will support the fiscal year 2026/2027 collection development for Libby, our online digital library app that allows customers to borrow e-books, audiobooks, and magazines. In fiscal year 2025/2026 the Library circulated 63,987 e-books, 67,176 audiobooks, and 17,045 magazines on Libby. It is anticipated these numbers will grow as we have already seen an approximately 50% year-over-year usage growth for July and August.
Purchasing Overview
On October 8, 2024, the Agreement with Overdrive Inc was awarded for a twelve (12) month term with automatic renewals. The original agreement was awarded by Council in accordance with the Purchasing Resolution 24101, section 405, the Riverside Public Library Exception, which states:
“Riverside Public Library Exception. The following supplies, materials and services are determined to be peculiar to the needs of the Library Department through City Charter Section 808(d). If it appears to the Manager to be in the best interest of overall economy and efficiency of the City to do so and is within existing budget appropriation, be acquired by Informal Procurement or Negotiated Procurement, regardless of their estimated Procurement expenditure amounts, provided that the City's Board of Library Trustees or City Council shall have approved the proposed acquisition if required under the provisions of the City Charter, either by approval of the procurement contract or approval of annual purchase orders:
Books
Journals
Maps
Office Supplies
Publications
Subscription Services
Other Needs as determined by the Manager”
The First Amendment to the agreement was approved by City Council on May 6, 2024, in accordance with the Purchasing Resolution 24101, Section 1104 which states “Modifications to a Purchase Order shall be made only by Change Order… (b) Any Change Order which causes the contract price to exceed the authorization in section 203 hereof, if the Contract and/or Purchase Order was not previously approved by the Awarding Entity.” The Second Amendment to the agreement was approved by City Council on January 6, 2026, in accordance with the Purchasing Resolution 24101, Section 1104 which states "Modifications to a Purchase Order shall be made only by Change Order. Unless otherwise specifically authorized by the Awarding Entity, Change Orders which cumulatively exceed the following will require Awarding Entity approval.... (b) Any Change Order which causes the contract price to exceed the authorization in section 203 hereof, if the Contract and/or Purchase Order was not previously approved by the Awarding Entity, …and (d) A Contract amendment which extends the term of the agreement beyond one year of the original expiration date." This Third amendment is pursuant to Purchasing Resolution 24421, Section 1104 “Change Orders”, which states: “(b) Permitted Uses. Subject to the availability of funds, Change Orders may be utilized for purposes of (1) adding and/or deleting quantity of items being procured, (3) modifying scope of work/services being provided, where the modification is reasonably related to the original scope of work/services, and (5) modifying contract completion time or the term of a Contract. (g) Contracts and Purchase Orders Previously Approved by the City Council or Board of Public Utilities. The Manager, or designee, may approve cumulative Change Orders when: (1) The cumulative Change Orders do not exceed ten percent (10%) of the original Contract or Purchase Order amount; and (2) The cumulative Change Orders approved under this delegated authority do not exceed $150,000. (3) If either limit is exceeded, approval by the applicable Awarding Entity is required before any additional Change Order may be executed, unless the Awarding Entity previously authorized additional Change Order authority; (h) Term and Completion Date Extensions. Approval by the applicable Awarding Entity is required when: (1) A Contract amendment extends the term of the Contract more than one year beyond the original expiration date.” The Purchasing Manager concurs that the recommended action is compliant with Purchasing Resolution 24221.
FISCAL IMPACT:
The total fiscal impact of this action is $300,000. Funding is budgeted and available in the General Fund, Library Neighborhood Services account 5135000-426800.
Fund
Program
Account
Amount
General Fund
Library Neighborhood Services
5135000-426800
$300,000
Total Expenditure
$300,000
Prepared by: Jorge Rocha, Principal Analyst
Approved by: Erin Christmas, Library Director
Certified as to
availability of funds: Julie Nemes, Finance Director
Approved by: Kris Martinez, Assistant City Manager
Approved as to form: James Johnson, City Attorney
Attachments:
Third Amendment to Agreement
Second Amendment to Agreement
First Amendment to Agreement
3rd Amendment to Library Digital Collection Agreementh Page 5