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HomeMy WebLinkAboutContract 53303-A1 CSC No.53303-A1 AMENDMENT NO. 1 T TO ��g CITY OF FORT WORTH CONTRACT 53303 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and BAKER & TAYLOR, LLC. (hereafter "Vendor") a Limited Liability Company. City and Vendor shall be referred to individually as a Party and collectively as the Parties. WHEREAS, on December 19, 2019, the Parties entered into City Secretary Contract 53303 for Vendor to provide books and materials and collection development and management services to the Fort Worth Public Library("Library") ("Agreement"); and WHEREAS, the Agreement provided a one-year term with four one-year renewal options; and WHEREAS, the Parties wish to amend the Agreement to include the Vendor's Sustainable Shelves Program among other collection analysis tools listed in the statement of work. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS Exhibit A--STATEMENT OF WORK shall be amended and replaced in its entirety with the attached Exhibit A—STATEMENT OF WORK. 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 and Extension 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 pagefoilowvs) CITY SEC R- EYARY CFW/BAKER&TAYLOR,LLC FT. WORTH, TX CSC 53303 Amendment 1 Page 1 of 12 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person 7 responsible for the monitoring and administration By: Jesus J-cnapa(May 12,2 20) of this contract,including ensuring all Jesus J.Chapa performance and reporting requirements. Assistant City Manager Date: May 12, 2020 By: APPROVAL RECOMMENDED: Timothy Shidal Administrative Services Manager B ���, APPROVED AS TO FORD:AND LEGALITY: y Marilyn Marvin Assistant Library Cl1reet0r-,,-1-- o " V1 q-By- Jo Pate(M 1 2D2o) A'ITI`ES'I`: E Jo Ann Pate "'��`° Assistant City Attorney `"{`.O�ITRACT AUTHORIZATION: 1295: Mary T_Kayser .� City Secretary VENDOR: 93sllCer&Tayl!ar?LLC ATTEST: F Naive: ,tefanic Kremer By: = ' Title:Pricing Services Director Name: Ie:e Ann Qtjccn p Title: Director4-ricing Services Date: Maw I/ a-0 OFFICIAL RECRn CITY SECRETARY FT. WORTH,TX CI;W I BAKER&TAYLOR,LLC CSC 53303 Amc;ndment I EXHIBIT A STATEMENT OF WORK GENERAL 1. Within 30 days of contract execution,Vendor will visit the Fort Worth Central Library located at 500 W.3rd Street,Fort Worth,Texas,76102,to complete the Profile Book that defines cataloging, processing, selection lists, selection and ordering system, reports, shipping, invoicing, and other services. The Profile Book will also include timelines with milestones for initial orders, shelf- ready samples,training, and other services. 2. In the initial term of the agreement, the Vendor will provide a minimum of one two-day, on-site visit within the first two calendar months following contract execution at the Fort Worth Central Library at the Vendor's expense.Vendor will spend time with the Collection Management Division staff to discuss selection, ordering, cataloging, and processing. With each subsequent renewal of the agreement, if exercised, the Vendor will provide, at its expense, at least one one-day on-site visit at the Fort Worth Central Library to meet with staff of the Collection Management Division. Vendor will conduct quarterly conference calls with key Vendor and Library staff to discuss plans, issues,and new services. 3. Vendor will assign a specific individual to be responsible for the Library account and handling customer service issues within one calendar week of contract execution. This person will be available during normal business hours Monday through Friday excluding Federal,Texas,or City holidays.Vendor will provide additional contact names,phone numbers,and e-mail addresses for cataloging and processing services. 4. Library will designate a project coordinator, list Library staff authorized to make decisions regarding Vendor services and fulfillment, and list other Library staff who are allowed to contact Vendor with questions regarding services and fulfillment. 5. Vendor's collection development and cataloging services will be managed by staff members with ALA accredited Masters of Library Science/Information Science degrees and have significant professional experience in their fields. Vendor will have sufficient selection, cataloging, and processing staff to meet the demands of this contract. 6. Vendor will provide ongoing support for its online system and provide notification when new releases or upgrades are available. Vendor will provide system support Monday—Friday 8:30am — 4:30pm EST. The Library can contact support at (800) 775-3700 or techsupport@baker- taylor.com. 7. Vendor will provide one or more toll-free telephone numbers and/or e-mail addresses for use in placing orders and contacting customer service representatives 8. Vendor will provide training guides and live training on its online selection and ordering system, either on-site or via webinar, to Library staff. Training schedule and format will be determined when the Profile Book is created. 9. The Library will be responsible for obtaining the appropriate personal computer workstations and Internet connections necessary to access the online selection and ordering system. CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 3 of 12 10. The Library will order some materials shelf-ready. The percentage of orders that are shelf-ready will likely increase over the contract's initial term and renewals. For the purposes of this contract, "shelf-ready" means upon receipt of books, the Library staff shall verify the contents of the shipment, accept, check-in, and put the items into circulation. Shelf-ready items will have been cataloged and processed according to Library specifications and no additional cataloging and/or processing will be required of Library staff. 11. Vendor deliver items to the City: a. • Vendor will ship in-stock items ordered book-only and Mylar jacket-only within an average of 1 to 2 business days of order date. b. •Vendor will ship for delivery at least 1 to 2 business days prior to street date those items ordered book-only and Mylar jacket-only that are ordered pre-publication and have an initial print run over 50,000. c. • Vendor will ship for delivery by street date those items ordered shelf-ready that are ordered pre-publication and have an initial print-run over 50,000. d. • Vendor will ship other in-stock items, whether ordered with partial or shelf-ready cataloging and processing,within an average of 6— 10 business days of order date. e. • Vendor will ship 85% of published items ordered shelf-ready within an average of 21 business days Vendor's RFP Response (specifically Exhibit D, Items 4.3 and 5.1) contains additional details relating to shipping timeframes. For items 1 Lb and 1 I.c. hereof,Vendor will use commercially reasonable efforts to ship for delivery within the stated timeframes for street date materials. Vendor is reliant on publishers to provide units of high demand titles in a timely fashion. On rare occasions,publishers do not ship items to Vendor with sufficient amount of time to ensure street date delivery to the City. In these cases,Vendor will use commercially reasonable efforts to minimize the impact of publisher delay by shipping on an expedited basis. For items 1 I.a. and 1 Ld hereof,turn times as stated in Vendor's RFP response refer to days to ship from Vendor's warehouse following acceptance of order. Regarding item I Le. hereof, Vendor's RFP Response(specifically Exhibit D, Item 14.1.5)contains additional details. 12. Vendor shall not charge City any sales tax for items under this Agreement. 13. The Vendor will warrant all items to be new, free from defects in design, materials and workmanship,and to be fit for their intended purpose.Unless otherwise specified,all items will be guaranteed for a minimum period of 120 days against defects in material and workmanship. During this period,if a defect is found and determined not to be caused by misuse,the Vendor will replace the item free of charge to the Library,or credit the invoice if the item cannot be replaced. 14. Damaged and defective items,items damaged in shipment,picking errors,and incorrectly shipped items (for example, wrong title, wrong quantity, duplicate shipments) will be returned to the Vendor for replacement. In the event a suitable replacement does not exist, a credit memo may be issued to the Library.Vendor will issue a UPS call tag or the equivalent upon request of the Library. 15. See Vendor's RFP Response attached hereto as Exhibit D. In the event of any conflict between this Exhibit A and Exhibit D,Exhibit D shall control. COLLECTION DEVELOPMENT AND ORDERING 16. Vendor will maintain the capability of providing a broad comprehensive spectrum of books in CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 4 of 12 quantities to meet the needs of a large public library system. Vendor will continue to work with a wide range of publishers including small presses, large print publishers, and Spanish language publishers,including Spanish language publishers outside the United States,for the duration of the agreement. 17. Vendor will supply new trade adult and children's fiction and nonfiction in hard cover, library binding, trade/quality paperback, and mass market paperback formats. This includes graphic novels,test study guides,large print books,lift-the-flap books,board books larger than four inches square, Spanish language books,bilingual books,books with compact discs (CDs), and book and compact disc sets(Read-A-Longs). See descriptions of these categories in Exhibit B hereof. 18. The Library may add additional formats as new formats become available.The Library will contact the Vendor when new formats are added. 19. The Library will use Vendor's Title Source 360 for selection and acquisitions.Vendor will provide access for up to 200 Library staff at no charge. Library will designate which staff have administrative privileges. 20. Vendor will provide pre-publication alerts and customized selection lists, based on the Library's collection development profiles,for various age levels,topics,languages,and genres.Lists will be available at the Vendor's website. Library staff will be able to create orders online directly from these lists. Specific lists and delivery schedule will be mutually agreed upon when the Profile Book is created,but can be updated at any time with mutual agreement from both parties. Titles on the selection lists will meet the standards described in the RFP. 21. Vendor will automatically provide certain authors,illustrators,subjects,genres,awards,and series, including graphic novels and some mass market paperbacks,to the Library based on lists provided by the Library. The Library will be able to add to and delete from these standing order plans, as needed, whether or not they appear on the Vendor's standard standing order lists. Changes could include but are not limited to adding/deleting authors, publishers, subject areas and/or changing branch distributions and quantities 22. Vendor will support standing order plans. Certain standing order plans for specific high-demand authors, illustrators, and series will be given high priority, with the goal of having records in the online catalog so patrons can place holds up to 3 months prior to release, and receiving these materials on or before street release date. Standing order plans will be finalized when the Profile Book is created but can be changed at any time with mutual agreement from both parties. 23. Vendor will notify Library when new standing order titles are ordered. 24. Vendor will provide a rush account service that the Library can use to expedite high demand titles. Vendor and Library may agree on other types of accounts to handle street date and various other delivery deadlines, special collections,and service levels. 25. Vendor will provide real-time in-stock information online. 26. The Library utilizes an Integrated Library System (ILS) called Polaris ILS from the vendor Innovative Interfaces,Inc. The Vendor will recognize and interface with the Polaris ILS. 27. Vendor's website will provide online grid-ordering functionality. Library may add quantity and grid information item by item to a cart or add items using grid templates with multiple locations CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 5 of 12 and funds. Library acquisitions personnel will be able to create order carts that can then be downloaded to a MARC file using the Polaris load table to create multiple funds and locations in the Polaris order record. Once the order is placed through the Library's ILS, Vendor will deliver an electronic confirmation (acknowledgement) within 15 minutes to a destination FTP site accessible by Library. 28. When the Profile Book is created, Library and Vendor will decide which Enriched order data information will be included. Options include title and copy information, branch codes, quantity per branch,call numbers,item type, location,holding codes, etc. 29. The Vendor will accept firm orders in all the following formats: • EDI (Electronic Data Interchange). Vendor will provide a system with the ability to build orders containing agency, copies,and fund code information in the Library's ILS. • FTP(File Transfer Protocol) • Ordering directly on the Vendor's database • Printed purchase orders • Fax and telephone 30. The Vendor's online ordering system will be capable of processing,controlling,documenting,and reporting the following data elements: • Vendor name and address • Billed to location • Shipped to location • Account number • Purchase order number • Title,ISBN and other basic bibliographic and format information • ILS bibliographic number,ILS item record id,or other designated match point • ILS collection code • Agencies,number of copies and fund codes • Special ordering/processing notes,to be defined when Profile Book is created • Unit cost • Extended and total amounts 31. Vendor's ordering system will build an order record in the Vendor database with 970 tag or other functionality that can be used to create an order record in the Library's ILS. 32. Vendor will provide order acknowledgment,confirmation,cancellation, standing order,and status reports. Report frequency and delivery method will be finalized during the creation of the Profile Book. 33. Vendor will provide detailed order status information on its website. During the creation of the Profile Book,Library and Vendor will agree on additional order status reports that may be required. 34. Vendor will automatically cancel all English language items not shipped to arrive at the Library within 90 days of the purchase order date except for titles that were ordered prior to the publication date.English language titles ordered pre-publication will not be cancelled until 90 days after street release date.Vendor will cancel all Spanish language materials not shipped to arrive at the Library within 120 days of the purchase order date except for titles that were ordered prior to publication CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 6 of 12 date.Spanish language titles ordered pre-pub will not be cancelled until 120 days after street release date.Vendor will indicate the reason for the cancellation on the notice supplied to the Library. CATALOGING AND PROCESSING 35. Not all materials ordered will be cataloged and/or processed. 36. The Library's database includes bibliographic and item records for client libraries (referred to as MetrOPAC libraries) as well as Library records. These MetrOPAC libraries share bibliographic records with the Library,but many records are for MetrOPAC libraries only. If there are multiple records, the Vendor will always select a Fort Worth Public Library record over a MetrOPAC record. Details will be finalized during the creation of the Profile Book. 37. Bibliographic records will be consolidated whenever possible.Trade/quality paperbacks and mass- market paperbacks are added to comparable records for the hardcover when issued by the same publisher regardless of publication year,unless it is a revised edition.When a paperback is attached to a hardcover record,the ISBN of the paperback is added to the 020 field. 38. During the creation of the Profile Book, Library and Vendor will agree on the cataloging method (direct connection to the Library's catalog or remote Z39.50 cataloging) to be used. Sources, selection,editing,and addition of bibliographic records;addition of holdings records;and updating Online Computer Library Center(OCLC)bibliographic information will follow the standards and specifications outlined in the RFP and finalized during the creation of the Profile Book. 39. If Vendor connects directly to the Library's catalog, the Vendor will be required to sign the City of Fort Worth's network access agreement to connect directly to the Library's catalog.The Library will establish special accounts for the Vendor on the Library's ILS. These accounts will allow access to the ILS cataloging module to allow cataloging and holdings updates. 40. During the creation of the Profile Book, Library and Vendor will discuss options for passing complete and/or partial call numbers in the EDI orders. 41. The Vendor will be allowed a 60-day learning period for cataloging and processing from the date of the beginning of the agreement. Vendor will be required to maintain an error rate of less than 1% quarterly for cataloging Errors are defined as variations from the cataloging and processing specifications outlined in the RFP and agreed to during the creation of the Profile Book. Library and Vendor will work together to describe the tracking and reporting process. 42. After the above mentioned 60-day learning period,the Vendor will be required to credit the Library quarterly an amount to be agreed upon during the creation of the Profile Book for each affected item with errors. The Library will record errors as they occur and report them to the vendor quarterly for credit. The credit amounts associated with different types/levels of errors will be defined and agreed to during the creation of the Profile Book. These credits will reimburse the Library for its efforts in correcting the work of the Vendor. In addition to tracking errors reported by staff,the Library will sample random shipments for accuracy. 43. The Library will report errors to the Vendor immediately, and Vendor will take steps to ensure future shipments are correct and that percentages are within the specifications. Failure of the Vendor to maintain acceptable percentages may result termination of this Agreement. 44. Changing Library needs may result in changes to cataloging specifications. Changes will be CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 7 of 12 mutually agreed-upon by the Library and the Vendor.While changes may be discussed and agreed upon via telephone, all changes will be followed up in writing via e-mail or other written communication. Vendor will have changes implemented within 30 days of written notification of the change. If changes cannot be agreed on the City may terminate this agreement with 60 days' written notice. 45. Vendor will follow the standards and specifications for the physical processing of books and Read- Alongs as outlined in the RFP and finalized during the creation of the Profile Book. SHIPPING,INVOICING,AND PAYMENT 46. The Library will work with Vendor to determine the optimal shipping schedule and methods,such as consolidated shipment,drop shipping,etc.when the Profile Book is created. 47. Vendor will furnish the total number of copies ordered of any one individual title in one shipment and fill orders for multi-volume sets in one shipment unless doing so would delay the shipment by more than five days. In the event that shipment would be delayed by more than five days, the Library will accept partial shipments. 48. All shipments must be accompanied by a packing list.Packing lists will include quantity ordered, quantity shipped, quantity backordered, title, author, ISBN, and purchase order numbers. Each packing slip will reference the corresponding invoice. During creation of the Profile Book Library and Vendor will determine whether each box in a shipment will contain a packing slip, or if one box will have the master packing slip. 49. Vendor will absorb all shipping and handling charges, including any fuel surcharges. Inside delivery to the Acquisitions Unit is required. Library staff will not assist with the unloading of pallets. The Library does not have a loading dock. 50. Prices shall be Free On-Board Destination. Freight prepaid(FOB-D F/P). For the purposes of this contract,FOB-D F/P is defined as: Title passes to Library when goods are delivered inside the Library's specified delivery location.Vendor pays freight when goods leave its dock.Vendor bears all freight charges. Vendor owns and is held liable for all goods, including cataloged and processed goods, and assumes liability for damage/loss while said items are in storage and/or in transit. Vendor files claims, if any. Library understands that once materials are cataloged and/or processed to the library's specifications,the Library is obligated to receive and purchase the materials unless the items were ordered in error by the Vendor,the items are not the items ordered by City,or the items are damaged. 51. If orders are not drop shipped,all orders will be delivered to: Fort Worth Public Library Central Library Acquisitions Unit 500 W. 3rd Street Fort Worth TX 76102 52. The shipping label on each carton will list the pack date, freight carrier, purchase order number, account number, Baker & Taylor picklist number, carton number and individual carton weight. Each carton in a shipment is numbered, and the final carton also indicates total carton count(e.g. 1,2,3,and 4 of 4). If Vendor is unable to provide all the copies required for branch distribution in CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 8 of 12 one shipment,they will contact the Acquisitions Manager to agree how to handle the order. Vendor will not drop ship partial deliveries to branches. 53. Cartons will not exceed the maximum dimensions accepted by the U.S. Postal Service regardless of the carrier used. Maximum weight of each carton will not exceed 55 pounds. 54. Materials will be packed adequately to prevent damage in transit. Cartons will be properly sealed to meet or exceed recommendations and requirements of the U.S. Postal Service to ensure their arrival in excellent condition. 55. The Library may implement drop-shipping to branches in the future. Schedules and costs will be negotiated at that time. 56. Vendor must be able ship so that Library may use ILS for Advanced Shipping Notice (ASN) receiving,allowing the Library to receive items by carton. 57. Vendor will include packing lists on all shipments that are not shipped with invoices. 58. Vendor will send electronic invoice files to a destination FTP site that accessible by the Library when orders are ready to ship. 59. Vendor will provide materials invoices. These invoices can be hard copies or by electronic mail sent to Library staff members who will be identified during the creation of the Profile Book. If email is not available, and invoices accompany shipments,the carton containing the invoice shall be marked to indicate that the invoice is inside. In the event that including an invoice holds up a shipment by more than 1 day,the Library will accept shipments without invoices.The invoice must arrive within one week after the shipment has arrived. 60. Vendor's invoices for each title will include quantity, title (listed alphabetically), author, ISBN, unit list price,discount,unit price with the discount applied,and the extended total cost.The City's purchase order number and Vendor's Federal Employer Identification Number(FEIN) must also be listed on the invoice. Other invoice options will be decided during the creation of the Profile Book. 61. Vendor will invoice cataloging, processing, and any service other than the materials separately. Cataloging and processing can be invoiced separately or combined, but each cataloging and processing invoice will reference or otherwise indicate the corresponding materials invoice. Invoice cost/pricing for cataloging and processing services will be expressed in specific monetary amounts,not percentages. 62. In the event that an invoice is incorrect,the Vendor will issue a corrected invoice. 63. In the event of an error requiring the Library to receive credit,Vendor will provide a credit memo in writing. The credit memo will include a description of what the credit was for and reference the corresponding invoice to which that the credit memo will be applied. 64. Electronic invoices are allowed by the City of Fort Worth's Accounts Payable department, but faxed invoices are not. In the event an invoice is faxed, the original invoice must also be sent to the Acquisitions Unit by mail or email. CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 9 of 12 65. Vendor must accept payment by either City of Fort Worth check,credit card,or through the City's ACH(Automated Clearing House)electronic funds transfer system.ACH is the preferred method. 66. Vendor shall send invoices with payment terms of"Net 30 days"only. 67. Vendor will make reasonable adjustments to shipping and invoicing processes as the Library develops workflow efficiencies. OPENING DAY COLLECTIONS 68. Vendor will provide collection services in conjunction with any opening day collection(ODC) at no cost to the Library above and beyond the contracted charges for such services for the general collection. ODC services will include scheduled selection lists, shelf-ready cataloging and processing, storage of materials until the Library is ready to shelve-out, and delivery to the new location.If there are special services required for collections unique to the new location,additional costs will be negotiated on a case-by-case basis. 69. Library will produce lists of titles that are to be automatically included in the ODC. Vendor will excluded these titles from any ODC selection lists. 70. Library will provide lists of standing orders for any ODC project.Vendor will exclude these titles from any ODC selection lists. 71. Vendor will create ODC lists in categories to be designated by the Library including separate adult, teen,and youth lists for Dewey number breakdowns and fiction genres. 72. Vendor ODC lists must include the following information per title: • Author/editor(last name first) • Title • Publisher • Date of publication • Edition • List price • Discount price • 13-digit ISBN or ISSN • Availability of the item • Binding type • Full text review, if available,or book description/annotation • Bibliography/source that determined why the item is included • Indication of initial print run, if available 73. ODC selection lists will only contain items the Vendor can supply. 74. ODC fiction selection lists will be arranged by the author's last name, then first name. Multiple titles by the same author should then be alphabetical by title. 75. ODC non-fiction titles in all categories will be arranged in Dewey order,then by author or title(if title main entry). CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 10 of 12 76. Library will be given a minimum of 30 days after receipt of acceptable ODC selection list to select and place the order. 77. Previously selected titles must not appear on forthcoming ODC selection lists. 78. Vendor must provide option to receive alternate editions or formats for items on ODC selection lists. 79. Library will place ODC orders in accordance with the mutually-agreed to project schedule.Vendor will be kept apprised of revisions of the opening date. Vendor will supply and ship 90% of the items 30 days prior to opening day,provided the Library abides by the schedule. 80. Vendor will provide all staff support,office and warehouse space and the equipment and supplies necessary for the purchasing,processing,cataloging, storage and shipment of ODC items.Vendor will designate at least one individual by name to serve as its representative to Library during the agreement period. 81. Invoicing for ODC materials, cataloging and processing will occur at the end of the project once materials are received by the City of Fort Worth.Vendor will issue one invoice per ODC purchase order. 82. Materials for the ODC will be stored separately from the materials being ordered for existing branches. 83. Vendor will establish separate ODC accounts for each category of materials as defined by Library. Each fund account will have a cap determined by Library,which may not be exceeded or adjusted unless authorized by Library. 84. Vendor must issue an ODC fund report twice monthly. It will at least include: • Fund name • Original budgeted amount • Backorder amount • Invoiced amount • Available balance • Number of books invoiced • Number of books cancelled • Number of books in process • Number of books ordered • Number of books backordered • Total balances for each category listed above 85. Orders made for an ODC will be stored and shipped at no additional cost to the Library until delivery is requested by City. Vendor will store all ODC materials in a climate-controlled facility until requested by Library.Storage should be by Dewey number ranges or other material categories and boxed and shipped in rough shelf list order. 86. Vendor will conduct an initial conference call or site visit within 30 days of an announced ODC CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 11 of 12 project. An additional site visit or conference call to review and amend the Profile Book for each ODC project will occur within 45 days of such date. 87. Vendor's project contact person will be available for weekly conference calls to discuss the ODC project. 88. Vendor will work with Library to develop ODC project schedules and timelines. COLLECTION ANALYSIS TOOLS 89. Vendor will provide its collectionHQ and ESP Evidence-Based Selection Planning tools to assist the Library with collection analysis and development. 90. Vendor will provide its Sustainable Shelves Program to assist the Library with the establishment of a weeded materials process. EVALUATING AND MEASURING THE SUCCESS OF THE AGREEMENT 91. The Library will conduct annual turn-around-time studies to determine if the needs of the Library are being met. The time studies will evaluate how long it takes from the date of publication or the date of order to get the cataloged and processed materials to the Library. The expected cataloging and processing error rates of less than 1% will also be taken into account when evaluating the success of the agreement. Vendor's overall fill rate for all United State imprints, for each year of the contract,must meet or exceed eighty-five percent(85%) for all items ordered. Failure to meet this measure may result in termination of this Agreement. FLEXIBILITY IN MEETING SPECIAL CIRCUMSTANCES AND NEEDS 92. Vendor will work with the Library to try to meet any special circumstances or changing needs that may occur during the contract period, such as the planned upgrades of the existing ILS, implementation of a new Integrated Library System and/or workflow and process changes. The Library will strive to be flexible and open-minded, as well. The Library will be interested in and open to ideas from Vendor on ways to improve turn-around-times, workflow, and service to our customers. 93. The Library reserves the right to add and/or delete services to this agreement. Should a service addition or deletion result in changes to payments or prices, such changes will be incorporated by amendments. CFW/BAKER&TAYLOR,LLC CSC 53303 Amendment 1 Page 12 of 12