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HomeMy WebLinkAboutContract 57917 CSC No. 57917 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BAKER& TAYLOR,LLC This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City Manager, and BAKER & TAYLOR, LLC. ("Vendor"), a Limited Liability Company and acting by and through its duly authorized Director, Stefanie Kremer, each individually referred to as a"party"and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A—RFP 22-0066 for DVDs,Blu-Rays,and Related Services; 3. Exhibit B—RFP 22-0066 Baker&Taylor-Pricing Info; and 4. Exhibit C—Verification of Signature Authority Form. Exhibits A,B,and C which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B, or C, and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall provide DVDs, Blu-ray Discs, catalog and processing services for the Fort Worth Public Library ("Library"). Exhibit"A," Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on June 20,2022("Effective Date")and shall expire on June 19,2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). This Agreement may be renewed under the same terms and conditions for up to four(4)one-year renewal options upon mutual agreement of the parties. 3. COMPENSATION. City shall pay Vendor in accordance with this Agreement and Exhibit B,which includes the product discounts and fee schedule of Vendor. No guarantee is made that a specific amount of products or services will be purchased. Total annual payments made under this Agreement by City shall not exceed Seven Hundred Fifty Thousand Dollars($750,000.00). The Parties acknowledge that this is one of two non- exclusive agreements for these services and that the total spend amount for both contracts per term cannot exceed the total included herein. Payments shall be made to Vendor by City within 30 days after delivery of the goods and receipt by City of a correct invoice.Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement FT. WORTH, TX 4.1. Written Notice. City may terminate this Agreement at any time and for any reason by providing Vendor with 30 days' written notice of termination.Vendor may terminate this Agreement at any time and for any reason by providing City 60 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor 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 City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall,until the expiration of three (3)years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including, but not limited to,all electronic records,of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Section 6 shall survive the expiration or termination of this Agreement. Vendor Services Agreement Page 2 of 58 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees or subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents,servants,employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION-VENDOR HEREBY COVENANTSAND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANY AND ALL CLAIMS OR LA WSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCL UDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees Vendor Services Agreement Page 3 of 58 to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Section 8 shall survive the expiration or termination of this Agreement. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned,hired and non-owned. Vendor Services Agreement Page 4 of 58 (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident;each accident/occurrence $100,000- Bodily Injury by disease;each employee $500,000- Bodily Injury by disease;policy limit 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon by blanket endorsement, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten(10)days'notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager,City of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort Worth City Attorney at the same address. (c) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (d) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (e) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL Vendor Services Agreement Page 5 of 58 REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: To CITY: To VENDOR: City of Fort Worth BAKER& TAYLOR,LLC Attn: Jesus Chapa, Assistant City Manager Stefam Kremer,Director,Pricing Services 200 Texas Street 2810 Coliseum Centre Drive, Suite 300 Fort Worth,TX 76102-6314 Charlotte NC 28217 Facsimile: (817) 392-8654 Facsimile: 704-998-3260 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SEVERABILITY. Vendor Services Agreement Page 6 of 58 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B, and C. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a parry hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B, C, and D contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement 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. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or (b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor Services Agreement Page 7 of 58 Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Vendor Services Agreement Page 8 of 58 Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. 31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and"company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 33. CONFIDENTIAL INFORMATION Vendor acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act("Act"). By executing this agreement, Vendor acknowledges that this agreement will be publicly available on the CITY's website, and Vendor is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. (signature page follows) Vendor Services Agreement Page 9 of 58 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this zs day of I°lY ,2022. ACCEPTED AND AGREED: CITY OF FORT WORTH: n CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: this contract,including ensuring all performance and Manya Shorr reporting requirements_ Interim.Assistant City Manager Date. J u 1 28, 2022 Cj By: I Timothy Shidai APPROVAL RECOMMENDED: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: B I Y �- Marilyn Marvin Interim Library Director By: Jessika J. Williams ATTEST: Assistant City Attorney I Tc1hhfe S. Goodall CONTRACT AUTHORIZATION: By: Jannette S.Goodall(Jul 28,2022 16:05 CDT) M&C: 22-0342 Jannette Goodall oo��pR City Secretary ICY OF°F°°°°l°�f►Oad pa,o° ° D �oo °0�►�� �v o=d o°0-000000.°0 VENDOR: aa44�1rl xx oa4a BAKER&TAYLOR,LLCr� By.- 1wa,h,t�_' Stefam&kxemer Director,Pricing Services Date: July 26, 2022 OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement FT. WORTH, TX EXHIBIT A RFP 22-0066 DVDS,BLU-RAYS,AND RELATED SERVICES C L cS customized library services by Baker 6 Taylor COPY Submitted on behalf of Baker & Taylor to: City of Fort Worth Purchasing Division RFP#22-0066 200 Texas Street, Lower Level City Hall Fort Worth, TX 76102 Attn: Purchasing Manager Request for Proposals (RFP) No. 22-0066 for DVDs, Blu-Rays, and Related Services Response Due: March 3, 2022 at 1:30 pm -0100. BAKER9TAYL0R the future delivered Vendor Services Agreement-Exhibit A Page 11 of 58 FORTWORTH., RFP Cover Sheet PURCHASING DIVISION REQUEST FOR PROPOSALS(RFP) for 22-0066 DVDs,Blu-Rays,and Related Services Issued:February 9,2022 PROPOSAL SUBMISSION DEADLINE:March 3,2022 by 1:30PM Local Time NO LATE PROPOSALS WILL BE ACCEPTED Proposal shall be delivered/mailed to: Legal Name,dlb/a and address of Proposer The Purchasing Manager submitting the Proposal: City of Fort Worth Baker&Taylor,LLC Purchasing Division,Lower Level,City Half, 200 Texas Street,Fort Worth,Texas 76102 2810 Coliseum Centre Drive,Suite 300 Note:Return this Cover Sheet with the Proposal. Charlotte,NC 28217 Pre-Proposal Conference will be held via WebEx: 10:00 AM(local time)February 14,2022 Authorized Person: Stefanie Kremer Meeting number(access code):2559 247 1753 Title: Director,Pricing Services Meeting password:wKjPM4EtM35 �� Meeting Call In Number:+1-469-210-7159 Signature:� Meeting Link:https:llfortworthtexas.webex.comffort Contact Person Name: Stefanie Kremer worthtexaslj.php?MTID=m 1 d7787486de8fb9c9a39 c7927b947b62 Phone:(704)998-3135 Fax:(704)998-3260 For additional inform ationlclarifications regarding Email: stefanie.kremer@baker-taylor.com this RFP,please see Section 5.0. Sidder/Supplied ID with City of Fort Wort/Federal ID Number(TIN):_ 47-3179974 Assigned Buyer:Megan Fowler FMSPurchasinc ResoonsesCa)fortworthtexas.gov Will contract be available for Coop tive Agreement use? (See Section 29)Yes X' No Acknowledgment of Addenda:#1 #2 93 #4 #5 • PDF or Adobe or electronic signature is acceptable on this RFP cover page.The Authorized Person,by his/her signature,represents that he/she is submitting a binding proposal and is authorized to bind.By signing and submitting,acknowledges that he/she has received and read the entire document packet,including all documents incorporated by reference,and agrees to be bound by the terms therein. • Proposals must be received in the Purchasing Office by 1 30 P.M.,"Proposal Submission Deadline"AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.Late bids will be returned or destroyed. • Proposals must be submitted in a sealed envelope WITH THE RFP NUMBER,RFP TITLE AND PROPOSER'$LEGAL NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE.In case of courier,it should be on the outside of the courier's shipping envelope. • Bids will be opened and read aloud publicly at 2:00PM in the Council Chambers. "Please see our response document,page 3,Item 29.1 RFP No.22-0066 DVDS,Blu-Rays and Related Services Page 1 of 36 Vendor Services Agreement—Exhibit A Page 12 of 58 I1r BAKER & TAYLOR March 1,2022 City of Fort Worth Attn:Purchasing Manager Purchasing Division RFP#122-0066 200 Texas Street,Lower Level City Hall Fort Worth,TX 76102 RE: Request for Proposal No.22-0066,DVDs,Blu-Rays,and Related Services DUE: March 3,2022 at 1:30pm Dear Purchasing Manager: Thank you for allowing Baker&Taylor the opportunity to respond to this Request for Proposal. We have reviewed the requirements in detail and are confident we can satisfy the specifications of the City of Fort Worth. Any clarifications are listed on the attached pages,following the format requesting in your RFP document. Please accept this letter and our response as part of Baker&Taylor's comprehensive proposal,to be incorporated as part of any award agreement. Should you have any questions upon reviewing our response,please contact us and we will be pleased to answer any questions or clarify any information: Stefanie Kremer 2810 Coliseum Centre Drive,Suite 300 Charlotte,NC 28217 (800}775-7930,ext.3135 Email:stefanie.kremer@baker-taylor.com Thank you for your consideration. We look forward to your response. Sincerely, Aput� F� Stefanie Kremer Director,Pricing Services Baker&Taylor,LLC 1704)998-3135 stefanie.kremer@baker-taylor.com 2 Vendor Services Agreement—Exhibit A Page 13 of 58 Baker&Taylor Response to REQUEST FOR PROPOSAL 16.0 REQUIREMENT AND PROPOSAL EVALUATION FACTORS 16.1 In order for the PROPOSER's response to be evaluated,the following criteria shall be met: 16.1.1 PROPOSER shall provide at least three(3)multi-library public library systems with a DVD and/or AV budget in excess of$250,000 that they have served by providing materials as well as online selection services,cataloging and processing services in the last three(3)years.Only PROPOSERS who clearly demonstrate that they meet this requirement in their proposal will be eligible for scoring and selection. Failure to meet this requirement will deem the proposal as non-responsive and the proposal will not be evaluated. Baker&Taylor has provided references as requested on our Appendix 2—Qualification Questionnaire response. 16.2 If the proposal meets the above requirement,selection will be based on the qualified PROPOSER(s)that is determined to be the most advantageous to the CITY considering the relative importance of valuation factors listed below.A bidder will be disqualified if they do not meet at least 50%of the technical points available. 16.2.1 Cost(Exhibit B)—up to 35 points available 16.2.2 Extent to which the Cataloging and Processing Services meets the City's needs—up to 20 points available 16.2.3 Quality of Street Release Program—up to 15 points available 16.2.4 Methodology of Online Services—up to 15 points available 16.2.5 Ability to provide a variety of titles for both DVDS and Blu-Rays per the attached specifications—up to 15 points available Baker&Taylor has provided further details and responses on our service offering as related to the requirements listed in the Scope of Work. Please see our response to the Scope of Work section below. 29.0 COOPERATIVE PURCHASING 29.1 Should other governmental entities decide to participate in this Contract,PROPOSERs shall indicate in their proposals whether they agree that all terms,conditions,specification,and pricing would apply. Baker&Taylor will extend the product discounts,terms and conditions of sale to other entities or agencies similar to the scope,size and requirements of the City of Fort Worth. Otherwise,the terms and conditional of sale are subject to change upon individual evaluation of the agency's specifications. The custom CLS cataloging and processing pricing offered to the City of Fort Worth would not be available for cooperative purchasing agreements to other entities. 3 Vendor Services Agreement—Exhibit A Page 14 of 58 Baker&Taylor Response to EXHIBITA SCOPE OF SERVICES 1.0 INTENT 1.1 Understood. 2.0 TYPES OF MATERIALS 2.1 Baker&Taylor will comply. Baker&Taylor carries a very limited amount of Vietnamese language material. 2.2 Baker&Taylor will comply. 2.3 Other formats 2.3.1 Understood. 3.0 EXCEPTIONS 3.1 Baker&Taylor has provided clarifications to contract items in our response,page 34,as requested. 4.0 STREET RELEASE DATE PROGRAM 4.1 Comply. Baker&Taylor can provide current,high demand,new release titles to the Library on or before street date.This means that the Library will have these popular titles on their shelves and ready to circulate as soon as they are available. Street Date Receipt for Bestseller Material Baker&Taylor's pre-publication ordering program accepts early orders for highly anticipated, high-demand titles and delivers the titles on or before the general release date(street date). Pre-publication orders are backordered on your account and stock is then reserved for your order. In order to receive these titles prior to street date,please place orders at least 5 weeks prior to the scheduled publication date. 4.2 The library will be notified of upcoming release dates via our Title Listing Calendar. Also,in Title Source 360,the library may utilize the Video New Releases selection list to review and order new,forthcoming,and reissued DVD and Blu-ray titles in a variety of popular categories and genres. In order to receive these titles prior to street date,please place orders at least 5 weeks prior to the scheduled publication date. 4 Vendor Services Agreement—Exhibit A Page 15 of 58 4.3 Agreed. Please note,Baker&Taylor is reliant on the publishers/producers to provide our copies of new releases in a timely fashion. 5.0 PROVIDING MATERIALS 5.1 Understood. 5.2 Understood. 5.3 Comply. Please see item 4.1. 5.4 Understood. 5.5 Accounts will be supplied,as requested. 5.6 Comply. In addition to stocking major studio theatrical hit releases,we also have an extensive inventory of instructional,how-to,juvenile,animated,documentary,movie musical,music video, Bollywood,and Spanish language selections. Children's selections are available for popular movie/TV programming as well as educational pieces suitable for K-12 grade student learning.4K titles are also available for purchase. 5.7 Comply.Baker&Taylor provides DVD material from over 100 distributors. Most widely released DVD/Blu-ray items now contain soundtracks in multiple languages,including Spanish. Additionally,products are available from 12 Spanish import producers. 5.8 Comply. Please see item 4.1 for details. 5.9 Baker&Taylor will meet the 85%fill rate requirement,as allowed by publisher availability of materials ordered. Your Baker&Taylor CLS Project team will create the appropriate account structure to expedite rush material.Baker&Taylor understands the need to bring to the library high demand material as soon as it becomes available.To that end,Baker&Taylor has streamlined its receiving and operational process to ensure the fastest possible turn time. For items ordered"product only" (no cataloging and processing),the majority of orders will be delivered 1-2 business days prior to street date.Items requiring CLS customized cataloging and shelf ready processing will be delivered by street date. Baker&Taylor is reliant on publishers to provide our copies of high demand titles in a timely fashion.On rare occasions,publishers do not ship items with sufficient amount of time to ensure street date delivery.In these cases,every effort is made to minimize the impact and ensure timely delivery. 5.10 Items not available in inventory will be backordered with producers;producer-available material is typically delivered with 15-20 days of receipt of order. 6.0 STANDING ORDER PROGRAMS FOR DVDS AND BLU-RAYS 6.1 Baker&Taylor offers a TV&Video Standing Order Program,featuring the newest releases from the most popular TV series,programs,and theatrical hits. Establish a profile based upon the 5 Vendor Services Agreement—Exhibit A Page 16 of 58 series or specialty channels of your choice,and titles will ship automatically as the newest releases are available. The Library will receive advance notice on the titles scheduled for shipping. Product purchased under this standing order plan is also available at our offered discount off of list price. 6.2 DVD pre-orders based upon box office totals are available via our Box Office Hits on DVD Standing Order Program. Simply choose the quantity you would like to receive,based on the millions sold at theatres,and we will ship the product to you. Each week,by email,we will send you the latest list of titles to hit the charts. 6.3 Title Source 360,our web-based selection and ordering tool,features ordering grids for the library to track multiple branch distribution of title copy quantities as well as three other user defined fields. Order grid information may be downloaded to the library's ILS system for ordering and/or transmitted in the electronic order file sent from Title Source 360. 6.4 The library will be notified of upcoming release dates via our Title Listing Calendar.This listing provides notification of new title releases 30 to 40 days in advance of release date.Also,in Title Source,the library may utilize the Video New Releases selection list to review and order new, forthcoming,and reissued DVD and Blu-ray titles in a variety of popular categories and genres. 7.0 CATALOGING AND PHYSICAL PROCESSING(See Appendix 1,Page 26 to 31) 7.1 Baker&Taylor can comply.We will catalog materials to meet your required specifications below. 7.2 Comply. Cataloging Team Baker&Taylor's Manager of Cataloging Services,Virginia Overberg,is a MLS-degreed librarian with over 30 years of experience in cataloging.She manages Baker&Taylor's internal teams, which consist of many more MLS and MLIS-degreed catalogers,who are tasked with creating original cataloging for our customers.All cataloging requirements will be sent to your library for review and sign-off before fulfillment of the project begins.A Senior Cataloger and cataloging staff will be trained on the library's requirements. Each account's cataloger is monitored by a Senior Cataloger to ensure compliance.All original cataloging records created go through a peer review to allow quality control. Collection Management Team Baker&Taylor's collection management librarians have extensive experience working in library collection development and/or technical services in academic,public,and special libraries before their employment with Baker&Taylor.Our management team has built this organization by recruiting librarians from different size institutions,a range of geographic regions,and with a wide range of complementary specialized subject knowledge.We are proud of our cultural diversity and the range of personal interests that are often relevant in client support,along with our exceptional technical abilities. Baker&Taylor's Collection Management team is led by Martin Warzala,a MLS-degreed librarian with over 30 years of experience. 6 Vendor Services Agreement—Exhibit A Page 17 of 58 7.3—7.10 Baker&Taylor can comply.We will catalog materials to meet your required specifications as outlined in these sections using our Customized Library Services custom cataloging methodology,which is included and fully described in our response to Item 14.0 from Appendix 2 below. Please also see our response to Item 15.0 from Appendix 2 below for details on our CLS processing services,to include Digital Media Processing for DVDs and Blu-rays. Samples of the Digital Media Processing(DMP)artwork have been included as requested as Attachment A. Other requested information and responses have been included in our response to Appendix 2. 7.11 Cataloging and Processing Costs 7.11.1 Please see our pricing proposal,included in a separate sealed envelope as requested, with the completed Exhibit B,Cost Schedule Summary. 7.11.2 Understood. 7.11.3 Cataloging and processing service costs will appear in summary on the same invoice as the product purchased. 7.11.4 Please see our pricing proposal,included in a separate sealed envelope as requested, with the completed Exhibit B,Cost Schedule Summary. 8.0 Online services 8.1 Collection development and selection services tools 8.1.1 Baker&Taylor systems are fully compatible with Polaris,supporting electronic ordering, order acknowledgement,and invoicing. 8.1.2 Please see below for a description of our Title Source 360 web-based selection and ordering tool. We are pleased to offer our Title Source 360 online ordering platform to the Library for viewing of inventory,selection of material,placement of EDI orders with Polaris,and reviewing updated order status.The site is fully functional and features grid ordering and multi-faceted searching and filtering options. Title Source 360 Title Source 360'"provides users with fast,accurate and personalized search results,and makes ordering easier than ever. Find the products you need and order them quickly and easily with a streamlined checkout process all online at ts360.baker-taylor.com. Baker&Taylor's Title Source 360'"is the most extensive database of bibliographic acquisitions information for U.S.publications.This subscription database includes book,e-book,e-audio, spoken word audio, DVD,Blu-ray,music CD and vinyl LP music titles. Each record gives current print status(i.e.Not-Yet-Published,Out-of-Print),in-stock availability,latest list price,and the 7 Vendor Services Agreement—Exhibit A Page 18 of 58 Library's estimated discounted price.Title and inventory information is updated multiple times throughout the day. Title Source 360'"benefits include: -Largest database of book titles and media products -Fast,customized search results based on prior searches or user profile -Intuitive interface -Inventory view and title searching within cart -Product release calendar -Special offers and promotions -Live customer support -Customized profiles -Streamlined order management -Simple batch entry upload and ordering process Title Source 360'"makes it faster and easier to order books,movies,or music products—you have millions of products at your fingertips with one easy-to-use ordering system. Customized Search and Browse Capabilities Title Source 360'"enhanced search capabilities include type-ahead and spell-checking to aid in your search. Wealth of data at your fingertips through multiple title views Multiple title views readily provide publisher/producer status,inventory level,estimated discounted price,cart and order duplicate status icons;the preferred title view can be saved for convenience as part of the user's custom profile.Select sample title views are provided directly below,which include key descriptive information,as well as inventory,net price,and duplicate status indicators. Enhanced MARC profiler This feature makes integration with your Polaris ILS easy and efficient.Output customized,best available,MARC records with your required ILS data including,but not limited to,notes,location codes,fund codes,collection codes,item template names,etc.to create on-order records.On- order records are used in the acquisitions process and to enable patrons to place holds on pre- pub titles and order materials directly through EDI transmission. Self-management of MARC Profiles Library staff may create multiple MARC Profiles for management of different formats; the MARC Profiler offers easy self-service features. B&T staff can also work with Fort Worth staff to refine and define additional profile parameters,"if-then"conditional statements,addition/deletion of selected tags,etc. Easy Cart Management The innovative cart drawer is easily accessible on every page,so you can keep your lists and carts organized.Carts are routinely managed and placed in user-defined Folders to facilitate organization and retrieval of"in-progress"carts.Additionally,choose from multiple batch entry options:basic data entry,copy and paste and file import—multiple formats are supported. 8 Vendor Services Agreement—Exhibit A Page 19 of 58 Innovative Shared Cart Workflow Share carts with selected users and create select Share Groups to share carts in a collaborative fashion.The Shared Carts functionality enables cart owners to assign a range of cart privileges to users of the shared cart,as well as specific completion dates for each phase of the cart (selection,requisition,review,acquisition,etc.). The Title Source 360'"database contains detailed,comprehensive,up-to-date information on over 8 million book titles,200,000 DVD titles,and 750,000 music titles. Data elements also include:45 key search indices(including LC and Dewey classes),eleven filter criteria(including stock status,publication date,binding,format,and grade level),and duplicate checking between orders and selection carts. As part of Baker&Taylor's comprehensive proposal, we are pleased to offer a Title Source 360- package to the Library Free of Charge. This configuration includes an Administrative ID with unlimited user ids,full text reviews and grid ordering capability. Please see Appendix 2 for information on the requested trial iD for our Title Source site. The Library is a current subscriber to our Title Source 360 site.Please utilize your existing ID and log- in information to assist in proposal evaluation. Please note,as your iD is live,the discounts proposed here will not yet be reflected in the Title Source data. This will be updated upon award. 8.1.3 We are pleased to offer multi-level access to our Title Source database(please see 8.1.2) and selection lists(please see 8.1.7).Box Office sales totals are provided via the Title Listing Calendar.Bibliographies and full text reviews appear in Title Source,per title record as available.In stock inventory information is displayed for each title record in Title Source.All of these services are available free of charge. 8.1.3.1 Title Source will be provided with unlimited user ids.The Library Administrator controls the level of security and capability level for each user.Users may be granted selection-only privileges for cart creation,or may be granted consolidation or ordering privileges. 8.1.4 Your Sales Consultant,Tammy Roberts,will be available to provide training and support for any Baker&Taylor product or service,including the use of Title Source 360 and its interface with the Library's ILS. 8.1.5 MARC On-Order Records(free of charge) Output customized,best available,MARC records with your required ILS data including, but not limited to,notes,location codes,fund codes,and collection codes,to create on- order records.On-order records can be used in the acquisitions process and to enable patrons to place holds on pre-pub titles. Assign Order Grids(free of charge) 9 Vendor Services Agreement—Exhibit A Page 20 of 58 Title Source 360 provides grid ordering.Ordering grid capabilities allow the library to centrally order and track multiple branch distribution of title copies,as well as three other user defined fields.This provides the ability to add fund and location codes to title selections.Order grid information may be downloaded to the library's ILS system for ordering and/or transmitted in the electronic order file sent from Title Source 360. 8.1.6 Title Source is updated daily to insure accurate and current information,including in- stock titles,pre-publication,and new release titles. Real-time inventory data is displayed for each title. 8.1.7 The library will be notified of upcoming release dates via our Title Listing Calendar.Also, in Title Source,the library may utilize the Video New Releases selection list to review and order new,forthcoming,and reissued DVD and Blu-ray titles in a variety of popular categories and genres. 8.1.8 Our Buying staff places orders well in advance with producers for any large box-office titles or highly anticipated television to DVD release.This ensures that high demand items are in-stock and available for delivery as quickly as producer release will allow. 8.1.9 Grid Summary Reporting from within a single cart provides instant summaries of order detail by location/branch,with total extended price by location/branch. Information on invoices and related payment information(open/closed)is available via our BillTrust site.This service is available free of charge. 8.1.10 A wide variety of standard and custom selection list services are available from Baker& Taylor. Lists are delivered in a cart format via our Title Source selection and ordering website.These lists are available to the Library free of charge. The library may utilize the Video New Releases selection list to review and order new, forthcoming,and reissued DVD and Blu-ray titles in a variety of popular categories and genres. DVD Lists(Free of Charge) Popular title/selection lists are available as Title Source carts;our e-lists and First Look Lists provide new release information for DVD product. First Look Custom Selection Lists Baker&Taylor offers a wide array of customized selection services under the First Look family of Notification services. First Look is a profile-driven selection list service for print as well as audio-visual material. Profiles may be based on any number of selection criteria,including subject keywords,author profiles,award-citation,Dewey Call Number and/or call number ranges,review publications,starred review citations,and many other criteria.Lists can be prepared and delivered on a scheduled basis(monthly,bi- monthly,or even weekly),based on customer requirements.First Look notification lists can be delivered directly to specific Title Source users and can be duplicate-managed by B&T to exclude titles that have appeared on previous list and/or titles that have been previously ordered by the Library. 10 Vendor Services Agreement—Exhibit A Page 21 of 58 First Look"Plus"Selection Lists Plus Notification lists provide an"off-the-shelf"array of general subject and genre selection lists.Lists are based on popular selection criteria,such as appearance in key critical review media or appearance in popular B&T publications.The objective of the lists is to provide a simple,consistent method of moving these titles into selectors' hands as early as possible. 8.1.11 Baker&Taylor provides DVD material from over 100 distributors. Most widely-released DVD/Blu-ray items now contain soundtracks in multiple languages,including Spanish. Additionally,products are available from 12 Spanish import producers. 8.1.12 Understood.Our staff would be pleased to work with the Library to develop opening day title lists suitable for your new collections.Please contact your Area Sales Consultant,Tammy Roberts,for assistance. Opening Day services require special ordering,processing,and handling,coordinated to meet the library's delivery timeframes.Our staff is available to provide: -customized selection lists -special order consolidation/handling -coordinated shipping for a delivery date -cataloging/processing services 9.0 Ordering services 9.1 Baker&Taylor can accept orders electronically via Title Source or Polaris. Additionally,orders may be placed via toll free telephone,toll free fax,mail,or email. Orders may be placed directly from our Title Source website. Orders may be placed directly from the Library's Polaris system.MARC from titles selected in order carts may be uploaded to Polaris as on-order records. Baker&Taylor systems are compatible with Polaris for electronic ordering,order acknowledgement,and invoicing functions. 9.2 Our Title Source website provides grid ordering.Ordering grid capabilities allow the library to centrally order and track multiple branch distribution of title copies,as well as three other user defined fields. This provides the ability to add fund and location codes to title selections. Order grid information may be downloaded to the library's ILS system for ordering and/or transmitted in the electronic order file sent from Title Source 360. Our Enhanced MARC profiler feature makes integration with your ILS easy and efficient.Output customized,best available,MARC records with your required ILS data including,but not limited to,notes,location codes,fund codes,and collection codes,to create on-order records.On-order 11 Vendor Services Agreement—Exhibit A Page 22 of 58 records can be used in the acquisitions process and to enable patrons to view and place holds on pre-pub titles. 9.2.1 Orders transmitted via Polaris(9.2.1.7)will contain an acquisitions tracking number as part of the order file.This number may be used as a match point for the provision of an EDI/electronic invoice(matching on tracking number and updating items in the acquisition database). Title Source can utilize these data elements(9.2.1.8 and 9.2.1.)as part of the data downloaded to create an on-order record in Polaris and can process data like location codes,collection codes,etc.as part of an enriched EDI order. 9.2.1.10 Special handling notes may be transmitted as part of the Title Source order process. 9.2.1.11 Title Source can provide a cart summary which will enable tracking of all amounts,by location. 9.2.1.12 Title Source provides this tracking/summary on a cart-by-cart basis through the Grid Summary utility. 9.2.2 Baker&Taylor will accept orders at least 180 days prior to release date if titles have been added to our Title Source system.We will work with the library to create an extended backorder/cancellation period to accommodate any changes in release date. 10.0 Reports,Shipping,Invoices,Returns,and Customer Support Services 10.1 Reporting Services 10.1.1 Orders placed electronically via Polaris will receive an order confirmation within minutes of receipt.Confirmation will detail a status of Confirmed,Backordered,or Cancelled for each line item of the order.As backordered items move through the fulfillment process and are shipped for delivery,the online status will update to reflect the activity. Additionally,order status for backordered items is provided via status report.Status reports on outstanding items are generated in hard copy with each shipment and may be accessed online,at any time,via our Online Customer Support(OCS)website. 10.1.2 Please see Attachment B for a sample status report and Attachment C for a sample cancellation notice(provided in addition to the electronic notifications listed in 10.1.1.). Please note,report codes are provided in Title Source,and are provided at the point of order confirmation,but do not appear on pre-order/status reports.Status reports indicate activity toward the fulfillment of orders for publisher available material.Should an item on backorder or pre-order be cancelled,a cancellation memo will be delivered to the Library(Attachment C). 10.1.3 Delivery services 12 Vendor Services Agreement—Exhibit A Page 23 of 58 10.1.3.1 Our standard procedure,to facilitate your receipt of materials,is to ship any items available in stock.Items not in stock are immediately backordered. Upon request,an order for multiple copies of a title may be held in reserve until all copies are available for shipment.At the end of the backorder period,all available copies will be shipped;unavailable copies will be cancelled. 10.1.3.2 Understood. EDI invoicing is available via Polaris. 10.1.3.3 Understood. 10.1.3.4 Delivery of all audio-visual materials to the City of Fort Worth will be provided F.O.B.Destination,with free shipping,from your primary Baker&Taylor Service Center. 10.1.3.5 Comply. 10.1.3.6 Comply. 10.1.3.7 Comply. 10.1.3.8 Comply. 10.1.4 Invoicing services 10.1.4.1 Understood. 10.1.4.2 Understood. EDI invoicing is available via Polaris. 10.1.4.3 Processing service costs will appear in summary on the same invoice as the product purchased. 10.1.4.4 Processing service costs will appear in summary on the same invoice as the product purchased.Please see Attachment D for a sample invoice. 10.1.4.5 Invoices are available with shipment,via email,or electronically,via Polaris(EDI'.Hard copies of invoices are enclosed in the last carton of a shipment;the shipping label is marked with an"I"to indicate invoice enclosed. 10.1.4.6 Please see item 10.1.4.5. Additionally,packing lists are enclosed in each carton of shipment. 10.1.4.7 Understood. 13 Vendor Services Agreement—Exhibit A Page 24 of 58 10.1.4.8 Street release date information,as applicable,appears on the packing list. 10.1.4.9 Comply. 10.1.5 Returns 10.1.5.1—10.1.5.4 Comply.Baker&Taylor will accept the authorized return of items that are damaged,defective,or incorrectly shipped. Please see the enclosed return policy,Attachment E,for further details on credits and returns.To make a return,simply contact your Customer Service Representative to obtain call tag information.Any damaged or defective item will be replaced or will be credited back to your account. 10.1.6 Customer support 10.1.6.1 Comply.Our Sales and Service team is available to assist with any question or request.Customer Service is available from 8:00 am to 5:00 pm EST Monday through Friday. 10.1.6.2 Understood. 10.1.6.3 Yes,please see 10.1.6.1. 10.1.6.4 Calls will be returned within one business day of receipt to provide acknowledgement and/or status on the request. 10.1.6.5 Your Area Sales Consultant,Tammy Roberts,will be available to meet with the Library to discuss the agreement and any workflow process.(Email:tam my.roberts@baker-taylor.com; Phone:800-775-7930,ext.1270) 11.0. MEASURING THE SUCCESS OF THE CONTRACT 11.1 Baker&Taylor will comply,understanding that we are dependent upon supply chain stability in order to do so. 11.2 Baker&Taylor will comply. 11.3 Understood. 12.0 SPECIAL CONDITIONS 12.1 We will be pleased to work with the Library to develop the desired workflow with Polaris.B&T systems support electronic order,acknowledgement,and invoicing functions with Polaris. 13.0 ADDITIONS AND DELETIONS OF SERVICES 14 Vendor Services Agreement—Exhibit A Page 25 of 58 13.1 We recognize that requirements often change,and we stand ready to assist with any new plans or goals identified by the Library.Our staff will continue to meet regularly with Library staff to ensure that we understand current requirements and workflow and that we are available to provide service and support. 13.2 Understood. 13.3 Understood. 14.0 ADDITIONAL SERVICES 14.1 Please see item 14.3 below. 14.2 Baker&Taylor is the leading full-line distributor of print books,ebooks,digital audiobooks, videos and music products to library facilities.We also provide our customers with value-added proprietary data products and customized management and outsourcing services.We have been in business over 190 years and have developed long-term relationships with our customers and with major book publishers,movie studios and recording labels. We partner with libraries to deliver more than products and services,we empower public libraries to make positive change in their communities.With a focus on improving community outcomes,we support public libraries in delivering literacy,learning and skills development to their patrons through exclusive partnerships and technology. We have included throughout our response descriptions of our selection tools,street date release program,and standing order programs. These programs help support the library staff and help streamline their workflows so they are able to be fully engaged with their patrons. 14.3 Baker&Taylor is pleased to offer additional services/programs to support the Library's acquisition of DVD/Blu-ray material. DVD Lease Program Baker&Taylor offers a DVD Lease Plan that allows the Library to have the most popular DVD titles available to meet patron demand during peak periods. The Lease program enables the Library to commit funds for DVD purchases at the beginning of the budget cycle while allowing selectors the freedom to choose titles over the duration of the lease period. Title Selection Each month,you will receive our Coming Attractions selection list,featuring the Top 120 DVDs purchased by Baker&Taylor(titles are widescreen format unless full screen is the only format available). Each list contains title,artist, ISBN,annotation,manufacturer's suggested retail price,and genre categories.The list may be emailed or may be accessed online at www.baker-taylor.com. Cataloging/Processing Titles arrive circulation-ready with the shrink wrap and security tags removed. Each DVD is cataloged and processed at no additional cost. Standard processing includes an edited BTMARC AV record,rating 15 Vendor Services Agreement—Exhibit A Page 26 of 58 label,spine label,barcode,and ownership label with B&T LEASE identifier.Optional services such as anti-theft stickers,hub labels,and locking cases are available for an additional fee. Beginning Collection Lease plans begin by building to an on-hand collection of 10 times the monthly quota allowance.Titles selected during additional months will be retained by the Library,with no rotation,until the library reaches the standard inventory level. Quota Information DVD units are ordered and tracked based upon quota units as purchased by the Library.A title is assigned a point value based upon the associated Manufacturer's Suggested Retail Price.Please see the charts and notes on Attachment H for details. Quota may be carried over to,or,borrowed from,the next month's allowance to assist the library in meeting high patron demand.Quota unused in the annual subscription period will be carried over to the next year,allowing the Library to enjoy full use of the purchased quota. Collection Rotation The library is encouraged to rotate the collection throughout the year by: -returning older titles -moving lease titles into your permanent collection(keep one DVD(free)for every five returned). Contact your Lease Services representative for assistance with title rotation;we will arrange for pick-up and will pay all associated shipping charges. At any time during the lease period,the library may purchase titles from the collection for$3.00/unit. Reporting We provide a report of account activity on a monthly basis.No additional charge is assessed for lost, stolen,or damaged DVDs.These items are simply reported via the inventory listing,and the library's records are updated to reflect the activity.Items which are defective or damaged in shipment will be replaced at no charge for up to 3 months after receipt. Quota Status and Inventory Reports are provided monthly via mail or email. Pricing information for our DVD Lease program is included in our separately sealed envelope containing the Cost Schedule Summary,as instructed,as Attachment H. 15.0 CONTRACT ADMINISTRATION 15.1 Understood. 15.2 Understood. Baker&Taylor will make every effort to obtain the requested material within the desired time period. However,should requested materials be,for any reason,unavailable to Baker&Taylor,Baker&Taylor will not be held liable for expenses incurred by the Library to obtain materials from other sources or liquidated damages or other penalties levied. 16 Vendor Services Agreement—Exhibit A Page 27 of 58 15.3 Understood. 15.4 Understood. 15.5 Understood. Baker&Taylor Response to APPENDIX 2 QUALIFICATION QUESTIONNAIRE 7.0 FREE SERVICES Describe what free services would be offered as part of this agreement to help develop an Opening Day Collection or to help refurbish an existing collection. Our staff would be pleased to work with the Library to develop opening day title lists suitable for your new collections. Please contact your Area Sales Consultant,Tammy Roberts,for assistance. Opening Day services require special ordering,processing,and handling,coordinated to meet the library's delivery timeframes.Our staff is available to provide: -customized selection lists -special order consolidation/handling -coordinated shipping for a delivery date -cataloging/processing services 14.0 The Firm's process on cataloging records. Customized Library Services'custom cataloging is Baker&Taylor's premiere service.CLS has performed online cataloging,editing and maintenance for Libraries since 1989.Our preferred method is to access the Library's ILS using the Z39.50 protocol.Customized Library Services leverages Z39.50 protocol for accessing the library's database and a resource pool of records from the Library of Congress and any Baker&Taylor created records.This technology allows our CLS catalogers to have access to the most current version of the library's cataloging records without the overhead of being directly online.Records obtained from the Library's database are saved to a library specific work file located in our secure cataloging utility.The records in the work file are used in the creation of spine labels and as a vehicle for providing item-linking information. Major Features of the CLS Preferred Cataloging Methodology(Z39.50): Only authorized CLS catalogers have access to the library's database and work file.The cataloger will process material first by searching for a matching record in the library's database and work file simultaneously. A successful search occurs when our cataloger matches the data elements found in the appropriate record tags.CLS considers the title,author,imprint/publisher,edition and date of publication when matching a record.During the CLS profiling,the project team will document the appropriate attributes for matching records.When a matching record is found,the appropriate item level information 17 Vendor Services Agreement—Exhibit A Page 28 of 58 (examples:barcode number,list price,collection code,etc.)is keyed and the record is saved to the library's work file. If a record is not found in the library's database or work file,the CLS Bibliographic Database is searched, followed by LC MARC and the resource databases of TLC.The CLS Bibliographic Database contains all CIP records upgraded to full MARC standards by CLS catalogers,as well as new records created by CLS original catalogers. If the record is not found in the above resources,the Library may also choose to have CLS search OCLC on their behalf for records not found in the library's catalog.Once a record is located in OCLC it is saved to the Library's work file and the record is updated to the Library's specifications. The option of utilizing OCLC will also help to minimize the Library's need for original cataloging. Please note that the process of using OCLC is available upon CLS'receipt of a signed third-party agreement which grants permission to our catalogers to access OCLC on the library's behalf.There are no additional charges from CLS for this service.However,it should be noted that all corresponding OCLC charges will be the responsibility of the Library.On a weekly basis,an electronic file is sent to OCLC to update the library's holdings for all contributed records. When a full matching record is found in one of the resource databases,it is upgraded to meet the library's specifications and the appropriate item tag is keyed.The record is then saved to the library's work file. If the matching record found is not a full level record,the record is upgraded to meet LC standards and is saved to the CLS Bibliographic Database.The record is then further edited to meet the library's specifications and the appropriate item record is keyed. The record is then saved to the library's work file. The exception to a full level record would be that some AV pre-pub records are not upgraded to full MARC standards.However,these records are upgradeable to the Library's local standards. If a matching record cannot be found in the multi-database search string,a request is forwarded to an original cataloger in the CLS department.Our original catalogers will create a record according to RDA rules. LC authority files are used to validate author and subject headings.Once the record is created,it is saved into the CLS Bibliographic Review File.Once the record has been reviewed and approved,it is saved in the CLS Bibliographic Database.The library's assigned cataloger is notified,and the record will be edited to meet the library's specification and appropriate item tag is keyed. Every title sent to the library will have a full MARC record with the appropriate item tags.The records will either be new additions to the library's catalog,edited and modified to the library's standards,or existing records from the library's catalog. When the cataloger has completed the order,laser printed label sets consisting of spine,barcode, bibliographic,and other labels as required by the library are printed.The barcode is provided in a standard format,with an eye readable number strip available.All other labels are customizable for font, pitch,boldness and italics.Options for label font include Courier,Times New Roman and Arial and pitches 12,14,16 and text can be left justified or centered. For thin books,we can provide one line spine labels and for Picture Books we can provide a larger font author letter spine label.The library will supply a unique barcode range,barcode prefix,and symbology information. 18 Vendor Services Agreement—Exhibit A Page 29 of 58 Call number and bibliographic information is extracted directly from the MARC record to ensure accuracy.After the labels are printed,a file of MARC records corresponding to the titles in the order is created. Released records are flagged so they cannot be selected again. The file of records will be put on the B&T FTP server for the library to retrieve and load.The records are maintained on the Library's work file for historical reference. 15.0 The Firm's current Cataloging and Processing Services and capabilities. CUSTOMIZED LIBRARY SERVICES Baker&Taylor has been leading the industry in providing libraries customized technical services for over forty years.We have developed a multitude of innovative services in the area of collection management,cataloging services and technical processing. Due to technological advances and the increased complexity of library operations and projects,Baker&Taylor created Customized Library Services in 1996 to consolidate our valuable resources and experience in order to address the growing demand from libraries for more customized,specialized and unique services.CLS is a separate operating unit,whose sole focus is Opening Day Collections(ODC),Collection Expansions,Online Cataloging Solutions,Outsourcing Projects and Project Management.CLS has its own staff of over 300 trained professionals to perform the unique services to provide complete library solutions.We currently serve over 400 libraries on an ongoing basis and complete over 75-100 CDC/Collection enhancement projects per year. CATALOGING Baker&Taylor's custom cataloging and our full cataloging methodology is outlined in Item 14.0 above. PROCESSING The CLS department has over 300 trained professionals staffed to handle the library's customized requirements.These staff members are dedicated to meeting the library's requirements and exceeding your expectations.Our commitment to excellence and doing the job right the first time is unmatched in our industry.After cataloging is complete,the processing department completes the physical processing of each item.The processors review the processing instructions gathered at the site visit. Following these instructions,the processor attaches the spine label,barcode,and any special labels required by the library.After the application of all physical components,the library's materials move to the jacket selection area.Experienced technicians size the books so the appropriate Mylar jacket can be applied to the dust cover of the book.After the material is fully processed,it is ready for the final and most important stage in our CLS process,back audit. RFID CLS Shelf Ready Processing can also include the application and linking of RFID tags. Baker&Taylor's Customized Library Services has been providing RFID services for print and audiovisual material since 2001 and have linked,printed and/or applied tags for millions of items.As the number of vendors and product offerings has grown with regard to RFID technologies,CLS too has grown in our vendor relationships and linking and application capabilities.We currently work with 3M,Arcus, Bibliotheca, Envisionware, FE Technologies, ITG,Lib Convert,Libramation,MKStaff,PV Supa and Tech-Logic. As this is a developing technology with unlimited potential for library use, Baker&Taylor's Customized Library Services will continue to support the needs and requirements of our customers. Back Audit 19 Vendor Services Agreement—Exhibit A Page 30 of 58 The back audit team is the final step in ensuring the material we ship to the library is of the highest quality and is in compliance with the library's profiled specifications.The CLS back auditors inspect each order by cross referencing the completed processing and the processing instructions gathered at the site visit.Once the library's material passes this stage,the order is ready to be staged for delivery to the library. 17.0 ADDITIONAL SERVICES Describe any other library appropriate services the Vendor is offering as part of this bid that would interest the Library or that would further enhance proficiency of the Library's services.Be sure to include the cost of these services in the RFP response. Please see our response above to Scope of Work, Item 14.3,on pages 15-16. Please see the pricing proposal/Cost Schedule Summary section for the cost of these services. 20 Vendor Services Agreement—Exhibit A Page 31 of 58 Attachment A F ORTNlORTH PUBLIC LIBRARY 3 - D I S C C O L L E C T I O N s Season I PREPARE FOR BATTLE. sch III,III11111111I11I 376�620023462 '"x6793fi'e9c3G0""r Dianna J - -Wincing Dolls and l INCLUDES Shut Dftrj- DVD a tifeUrnn 793.3 BRING - • 3 UISCS Page 21 AttachmentA FORT WRTH PUBLIC LIBRARY $TR9TF JDX]LV��N nwippynin TIL.3playff,pmfound,a i,,r lYmovingdosu-`anfasraby )(] Kirnea Iohmm�la a aalrntiim tp th,dn<etor',bcimx father, flrek John, W Face the—1,o£ a lazing Mm ur demaida_Using ehe Eaneaage of riuma barb m aa�-n^y A. dery'deatN and to vnhf t le head-on,loMmn miechievotsiy �' '' m.•y of..ay:in which the man si.e loin mov in s �l�e w hl Aright die,waginya xenec of el remalely darklyemnic a�L anJ udorfullry npbnr bl 'h tnr2 � y rootage rnpl ng rhep' d b gi_fragil boa �_ Tackling labpo ques f g g IM1y nrrd gri f w N suWmsrvc humor and-ry'-'g grac Dkd11 rfs Read 11 Wtirrwtcly a lci a Ib - flf dof We pen[le, y fmmy,pnforgetnhle na[vs cents,Langl- Dick Johtnon ]F'Y b. •New 2R dixibl ma+rar,approvm by elrttrn nagcnaopnrpn,niN 5.1 amcuad OTS�HU Mea¢rnadio wundlnck _ •NMaagJln cnmmemary feartlring IgNrunn,oownter and W lmr Ncla Barrgcnea and documentary ronM t.cordiA JWr Karp •Ncw�aa<.aaJon YroaE Ja6a�.aad 6vr klior podaarn Keiy _ enevinrry ene nfaeilyn Nen aoe wprueutcr Mnumxrw.ayen •Ncw prng+vn twwragiana+aocontr�..ti�aitM1 aaagr•ar x,M filmnukwa Mikc MIn.F MµMct Mnorc,aaanas OnticnaAilx'�, dM 1,ngya PoHrfl5 -kr�riai,nsannna rnrtn�a.arw,d noni arne�nx 11OL URRY• krrgb.n aa�ripti.�aria 616.8 Awl .vLm.^a e.>ay aamer sa Mnm. UICK '- 1 C' HETFLIX ® M.Z'- A 10 ±2 1 DISC (/J Page 22 Vendor Services Agreement—Exhibit A Page 32 of 58 Attachment B rfrB A K E R &T A Y L O R Sample DVD/BluRay Status and Backorder Report the future delivered PRE /BACKORDER REPORT SHIP TO: SAMPLE ORDER POINT: PGH HOLD STATUS SAMPLE ATTN: PHONE: ITEM NUMBER DESCRIPTION ARTIST P.O. # PRICE NET PRICE QUANTITY EXTENSION ORDER RELEASE SHIP DATE DATE TYPE WHS DDWD 39651QQ GREATEST GAME EVER PLAYED 222222 xx.xx xx.xx 1 xx.xx B SOM DILLANE, STEPHEN DDBBCV 1000094679 TOP GEAR 10 222222 xx.xx xx.xx 1 xx.xx B SOM CLARKSON, JEREMY Page 23 Vendor Services Agreement—Exhibit A Page 33 of 58 STATUS CODES AND CANCELLATION CODES Attachment B(continued) Status Description Cancel Cancel Code Desc Code Code A Allocated NOF Order Cancelled-Item not on File B Backorder OS Out of Stock C Cancel AD Apply Direct _ P —Picked PS Indefinitely Out of Stock R Reserved OP Out of Print S `Shipped UL Unable to Locate Publisher U Backorder PC Publication Cancelled OB Publisher Out of Business NP Not Yet Published AH Available in hardcover only AP Available in paperback only CID Cancelled,current price is much higher than noted on your order CR Cancelled,customer requested cancellation Cv Cancelled;sold as a volume set only DL Short Discount-Cancelled because the discount is below the allowed amount EX Cancelled because the dollar amount exceeded the total allowed by the customer IN Cancelled;cannot identify as ordered NC Not available cataloged SI Cancelled,sold as individual items only SU Cancelled,customer requested cancellation of surcharged titles CT Cancelled;publisherlproducer failed to respond by your cancellation date CE Balance of order line cancelled CF Cancelled;newer edition due at a later date CG Cancelled;title must be imported ofr U.S.distribution KS Cancelled,book sold by subscription only OC OSD Reached at Cancel Date CB Bal Cancelled by Cust Sery CL Customer Service UNKN Unknown or NULL Cancel Reason SS Speedstock IP Inventor Py olicy NF Not Found BO Cancelled;On Backorder(Predictive FIR Only) BCC BE-Backorder/lniti ally lost BCK QOE-Backorder/Initially lost BKA Short/Zero ship,Bko rest,Create SAD BKS OC-Short/Zero ship&Backorder the rest CAC CR-Account closed CAN OC-Cancel the entire item CBC CR-Bounced chklfailed to replace funds CDA CR-Delinquent/unable to meet payments CNR CR-Sales cancel/will not be reentered CON OE-Consolidate orders COR CR-Sales cancel/will be reentered CRC CR-Credit Cancelled/Over limit CRE CR-Customer refusals CST CR-Customer Cancel LBR OE-Library Bulk Pick Reserve Cancel LNC BE-Cancelled line LSE OE-Cancelled/not available LST QOE-Not available/lost NPF No Partial Fill NPS Customer Does not allow partial shipment PNA Item no longer available RDC BE-Reduced quantity SHA Short ship/Zero Backorder,Create SAD SHS OC-Short ship/zero backorder STW QOE/Items in stow UMN OE-Under Minimum Order Amount Page 24 Vendor Services Agreement—Exhibit A Page 34 of 58 Attachment C Sample AV Cancellaffon Report 14-JUL-2021 Baker&Taylor 875 Greentree Road,Ste.678 Pittsburgh,PA 15220 FAX#888-285-8972 SAMPLE Customer 123 Main Street AnyTown,USA 55555 BTE Account#: XXXXXX>= Dear Customer: The following list of audio music and/or video titles is being cancelled,per your backorder cancellation schedule. If you would like to re-order anything listed,or if you have any questions,please call your BTE sales representative at the number listed below: 1-800-775-3300 Part Number Description Bkoqty Bko Date PO Number ISBN: 9786308841552 TIME OUT OF MIND 1 xx/xx/x>= >000000000< Page 25 Vendor Services Agreement-Exhibit A Page 35 of 58 SAMPLE INVOICE Attachment D BAKER&TAYLOR JUPS SHIPPER NO. PA 253-020 Pxc. Io a SOLD SHIP P20265885 To: Customer Name To:Customer Name and Address Address BILL TO 11ITONER NO. SHIP TO CIIS TOMER NO. GATE 5NI111, -ICE N0. INVOICE NO. I_.NO. 3/14114 P20265685 I IP20265b85 1 1 TIME ➢0.TE ENTERE➢ TEAMS TN COfINT FO8 OR➢EA POINT SHIP POINT 1 CARTON ➢ESTINATI ON ORDER TYPE TOTAL WEIGHT 8/0 BIN SHIP VIA INSI EE SALES-1 OUTSI➢E SALES-1 D. q'IY INE e/o [g DD JW cn 12288096R 12 YEARS A SLAVE IP 001 ul S1P t<x T 0 xx Axx xx?x % oxx.xx cu NERSAMPLE 3Ex IS 9786315283999 ISBN-1 0: 0 3152 8349 7 DD WD 11737700 IRON MAN 3 1 I 002 1 1 0 xx. .x $ xx. SAMPLE 3 SBN. 9786315135984 ISBN-1 0: 6 3151 354E X PP PROCESSING DD 2 xx.xx TOTAL ITEMS 2 XX.XX TOTAL AMOUNT DUE XX.XX REMIT TO: BAKER 6 TAYLOR P.O. BOX 277930 ATLANTA, GA 30384-7930 PLEASE INDICATE INVOICE# ON YOUR REMITTANCE Page 26 Vendor Services Agreement—Exhibit A Page 36 of 58 Attachment E AVRETURNS fire BAKER TAYLOR ,y SCENE&HEARD AN Library&Education Account Audio/Video Product Returns Policy (Revised June 2016) The following guidelines are required to ensure the prompt handling ofyour Audio/Video(AV)returns;Music CD,DVD, Blu-ray and 4k disc product. Note;Vinyl product is not returnable,per manufacturer's policies,and is a "one way'sale. All Music CD, DVD, Blu ray and 4K disc AV product returns(excluding DVD/BD lease return product-please contact AV Customer Service for separate return procedures for your DVD/BD Lease program product) require prior return authorization from an AV Customer Service Representative, Please contact your AV CustomerServire Rep at 800-775- 1200. How to Obtain Return Authorization Contact your AV Customer Service Representative for return authorization numbers. All claims mustbe made within 45 days of invoice date. 1 When calling for return authorization,please have the following information available: A,Your account number and Invoice#s B. Reason forthe claim/return C. Action being requested- 1.Replacement of product(defective return will receive a replacement ofthe same title) 2.Credit to your account;no replacement product necessary for incorrectly shipped items 3.Overstock return credit requires Customer Service Manager and Sales Manager approval 2, Your AV Customer Service Representative will assign your return an authorization number(RA#), To expedite the process, please clearly mark the RA# on the outside of the carton in the upper right corner from the shipping label and on inserted documents, 3, Shipyour return via an insured and traceable carrier;Baker&Taylor is not liable for returns lost in transit, 4, Products incorrectly shipped by Baker& Taylor requires an authorization to be returned. Product should be returned within seven days of invoice date,• must be returned within 45 days of the product's invoice date. Product(s) meeting the definition of a Manufacturer's defective may be returned with a prior authorization. Products purchased with value-added processing services which have been shipped as ordered are considered non-returnable, unless disc is defective, In which case a replacement of same title will be sent(multi disc sets require alidiscsto be returned), DAMAGED SHIPMENTS: Ifyou receive a damaged carton(s)which resulted in damaged Audio/Video product(s), please hold the product(s)and save the carton for Carrier inspection, If the damage is visible at the time of delivery,bring it to the Carrier's attention and note it on the Bill of Lading, Then,contact your Baker&Taylor AV Customer Service Rep via the toll-free number above, CLAIMING SHORTAGES: Please check your packing list or invoice before claiming shortages, A l claims must be made within 15 daysfrom the product's invoice date. Please ensure you have received all cartons ofa shipment prior to signing for receipt from the Carrier, Cartons you have signed for as received from the Carrier are not claimable as shortages from Baker&Taylor, All returns with RA#should be sent promptly to: Baker&Taylor Returns Center Dept.R 251 Mt.Olive Church Road Commerce,GA 30599 Questions? Contact yourB&T AV Customer Service Rep(800-775-1200) Email via AVlnfo@Baker-Tavlor.com or Libra rvA/Vcustomerservicegbaker-taylor.com Baker&Taylor A/V Sales 800.775-2600 x2050 Page 27 Vendor Services Agreement—Exhibit A Page 37 of 58 Attachment F CARTON PACKING LIST I II [B A K E R &TAYLOR THIS IS NOT AN INVOICE the future delivered BILL TO# XXxxXX Lxxxxxx 3 000000 CARTON#. SHIP TO# CARRIER: ATS#. SOMxXXxxXXBT PACK DATE: CUSTOMERPO#: BID SAMPLE PAGE: CUSTOMER SERVICE: INVOICE REF 40XXXXXXX CONTAINER# SHIP TO: FROM: SAMPLE BAKER & TAYLOR xxx xxxxxxxx xxxxxxX XXX xxxxxxxx xxxxxxX xxxxxxX, xx xx.xx xxxxxxx, xx xxxxx ALL TOTALS ARE UNADJUSTED. DO NOT PAY FROM THIS DOCUMENT. *CHECK FOR ON SALE DATE PRODUCT* OTY TITLE PC ISBN UPCATEM# UNIT DISCOUNTED CUST.PO# AUTHOR RETAIL PRICE 1 SULLY 911: SELF DEFENSE PREY DD 9786314533854 874482001912 xx.xx xx.xx BID SAMPLE GYRO, JOHNNY 1 DISNEYNATURE CHIMPANZEE DD 9786314746537 786936827361 xx.xx xx.xx BID SAMPLE *STREET 08/21112* 1 GIANT: SPECIAL EDITION DD 9781419811012 12569706903 xx.xx xx.xx BID SAMPLE DEAN,JAMES 1 MR SMITH GOES TO NRISHINGTON DD 9781435937956 43396279780 xx.xx xx.xx BID SAMPLE STEWART,JAMES 1 SEPARATION DD 9786314749415 43396406919 xx.xx xx.xx BID SAMPLE *STREET 08121112* 5 TOTAL UNITS PACKED IN CARTON Page 28 Vendor Services Agreement—Exhibit A Page 38 of 58 SAMPLE CREDIT MEMO Attachment G BAKER&TAYLOR FU11IPPER NO. PA 263-020 SOLD S-D5885 ao: Customer Name To: Customer Name and Address Address ➢EFECTIVE KERCHAN➢ISE GILL TO CUSTOMER NO. 13HIP TO CUSTOMER NO. DATE SHIPPED INVOICE NO. INVOICE NO. PAGE NO. 3/14/19 1120255885 P20265885 1 JTIME aE ENTERED RM5 I CARTONT DESTINATION DER enixa 11111 POINT ORDEl TYI'3 DEFECTIVE MERCHAN D.SE T LTAL-IOET 8/O EIN SHFP VIA INSIDE SAL REP Of1T RI DE SALES-1 QTY PO LABEL IT EH NUMBER DESCRIPTION PACK LINE NO ORD SHIP U. UNIT RETAIL 1I5C 8 RMO r CUSTOMER P.O.NW— MEMO TAKEN BY LNCKETS IB2303530 DE@ DD TW 2211111 12 YEARS A SLAVE 1 101 -L 0 -xx.xx xx.x I -xx.xx SAMPLE 3 ISBN: 978631528399g ISBN-1 0: 6 3152 8349 1 TOTAL UnICHANDISE -xx.xx TOTAL ITEMS -1 TOTAL -xx.xx Page 29 Vendor Services Agreement—Exhibit A Page 39 of 58 APPENDIX 2-QUALIFICATION QUESTIONNAIRE The information provided on this questionnaire and in the bid proposal will be used to evaluate your bid. Please answer each question thoroughly. Answers provided on a separate sheet shall be numbered according to the question. 1.0 VENDOR BACKGROUND Number of years in the wholesale DVD business 37 years Number of years the company has been providing processing services 35 years For a contract this size, how many staff would be assigned to process materials? 2-4,with 4 additional reserve staff members 2.0 STREET-RELEASE-DATE PROGRAM Do you offer a street-release-date program?(Check one) X YES NO If you checked "YES," what is the timeframe by which titles need to be ordered to ensure that the items are received on or by street date? Please place orders at least 5 weeks prior to the scheduled publication date. What is your average turn-around-time for processing for street date sensitive titles? 4-6 DAYS (delivered in 6-10 days) 3.0 DELIVERY SERVICES Number of DVD distributors supplied 100 Number of Spanish(domestic&foreign)DVD distributers supplied 12 4.0 PHYSICAL PROCESSING What is your average number of days it takes to re-case an item? 4-6 DAYS (delivered in 6-10 days)-For processing only orders. What is the average number of days for an item to be cataloged according to the specifications? 10-12 DAYS (delivered in 12-16 days)-For items fully cataloged and processed through CLS. 5.0 ONLINE SERVICES Name of Vendor's database: Title Source 360 RFP No.22-0066 DUDS, Blu-Rays and Related Services Page 32 of 36 Page 30 Vendor Services Agreement—Exhibit A Page 40 of 58 Number of simultaneous users allowed: unlimited Number of unique user logins allowed: unlimited Trial access to database: Yes, see below Web address: http://ts360.baker-tayIor.com Login Because Fort Worth is a current subscriber, please use your current TS360 login credentials to view Password Please use current TS360 password Expiration date for trial access N/A 6.0 ACCESS TO DATABASE Is your database able to provide access to real-time,in-stock information? X YES NO Please provide the link to the Firm's online database of holdings. http://ts360.baker-taylor.com 7.0 FREE SERVICES Describe what free services would be offered as part of this agreement to help develop an Opening Day Collection or to help refurbish an existing collection. Please see our response document, Page 17, Item 7.0. 8.0 ORDERING SERVICES List the ways in which materials can be ordered from you. Orders may be placed via phone,fax, mail, email or electronically via TS360 or EDI. Does your company currently support Polaris? Does your company support EDI ordering and invoicing with Polaris? Yes, Baker&Taylor systems are compatible with Polaris for electronic ordering,order acknowledgement, 9.0 REPORTING SERVICES and invoicing functions. Provide a sample order status report and list of status codes. Please see our response,Attachment B Provide a sample cancellation report and list of cancellation codes. Please see our response,Attachments B&C. 10.0 INVOICING SERVICES Provide a sample invoice for materials and provide a sample processing invoice. Please see our response, Attachment D. Provide a sample packing slip. Please see our response, Attachment F. Provide a sample packing slip and/or invoice that indicates a street-release-date. Please see our response,Attachment F. 11.0 RETURNS Provide a copy of your returns policy. Please see our response,Attachment E. RFP No.22-0066 DUDS, Blu-Rays and Related Services Page 33 of 36 Page 31 Vendor Services Agreement—Exhibit A Page 41 of 58 Provide a sample credit memo and copy of your credit memo policy. 12.0 CUSTOMER SUPPORT Please see our response, Attachment G. Primary Internal Customer Service Representative NAME:Christina Watson. Inside Sales Representative TOLL FREE NUMBER: 800-775-9RnO ext 9046 EMAIL ADDRESS: christina.watson@baker-taylor.com External or Field Sales Representative NAME: Tammy Roberts, Sales Consultant TOLL FREE NUMBER: 800-775-7930,ext.1270 EMAIL ADDRESS:tammy.roberts(cDbaker-taylor.com Processing Contact NAME: Melissa Swain, Customer Success Manager TOLL FREE NUMBER: 800-775-1200, ext.2834 EMAIL ADDRESS: melissa.swain(c)baker-taylor.com 13.0 REFERENCES List at least 3 multi-library public library systems with a DVD and/or AV budget in excess of $250,000 that you have served by providing materials as well as online selection services,cataloging and processing services in the last 3 years. LIBRARY NAME Marico a County Library LIBRARY ADDRESS 2700 N. Central Avenue, Suite 700 Phoenix,AZ 85004 CONTACT PERSON Jeremy Reeder TITLE Director PHONE NUMBER 602-652-3036 EMAIL jeremyreeder@mcldaz.org LIBRARY NAME Pima County Library LIBRARYADDRESS 101 North Stone Avenue Tucson,AZ 85701 CONTACT PERSON Diane Ward TITLE Technical Services Manager PHONE NUMBER 520-594-5638 EMAIL diane.ward@pima.gov LIBRARY NAME San Jose Public Library LIBRARY ADDRESS 150 East San Fernando Street San Jose CA 95112 CONTACT PERSON Sharon Fung TITLE Head of Technical Services&Collection Developmei t PHONE NUMBER 408-808-2468 EMAIL sharon.fung@sjlibrary.org RFP No.22-0066 DUDS, Blu-Rays and Related Services Page 34 of 36 Page 32 Vendor Services Agreement—Exhibit A Page 42 of 58 List 2 public libraries for which you have provided a street release date programfor DVDs and Blu-rays. LIBRARY NAME Marico a County Library LIBRARY ADDRESS 2700 N. Central Avenue, Suite 700 Phoenix,AZ 85004 CONTACT PERSON Jeremy Reeder TITLE Director PHONE NUMBER 602-652-3036 EMAIL jeremyreederpmcldaz.org LIBRARY NAME St. Louis County Library LIBRARY ADDRESS 1640 S. Lindbergh Blvd. St. Louis, MO 63131 CONTACT PERSON Cindy Fehmel TITLE AV Collection Development PHONE NUMBER 314-994-3300,ext. 2372 EMAIL cfehmel@slcl.org 14.0 The Firm's process on cataloging records. Please see our response, page 17-19, item 14.0 for details on Baker&Taylor's CLS cataloging methodology. 15.0 The Firm's current Cataloging and Processing Services and capabilities. Please see our response, page 19-20, item 15.0 for details on Baker&Taylor's cataloging and processing sq6v6-es.State the required days to catalog and process materials as well as the total turn- around-time from receipt of the purchase order through shipping. The average number of days required to cataloging and process DVD/Blu-ray materials in CLS is 10-12 days. 17.0 ADDITIONAL SERVICES Items needing original cataloging may require additional time. Describe any other library appropriate services the Vendor is offering as part of this bid that would interest the Library or that would further enhance proficiency of the Library's services. Be sure to include the cost of these services in the RFP response. Please see our response, page 20,item 17.0 for information on additional services available. RFP No.22-0066 DUDS, Blu-Rays and Related Services Page 33 Page 35 of 36 Vendor Services Agreement—Exhibit A Page 43 of 58 BAKER&TAYLOR,LLC REQUESTED CHANGES/CLARIFICATIONS/EXCEPTIONS Attachment B Draft Services Agreement 10. Insurance. 10.1 Coverage and Limits (d) Professional Liability(Errors and Omissions): Due to the nature of the work provided for this agreement, Professional Liability coverage is not applicable. 10.2 General Requirements (a) The City and its employees,officers,officials,agents,and volunteers will be named as additional insured by blanket endorsement. (b) We respectfully request to remove this condition. Page 34 Vendor Services Agreement—Exhibit A Page 44 of 58 FORTWORTU, ADDENDUM TO REQUEST FOR PROPOSAL 22-0066 DVDs,BLU-RAY,AND RELATED SERVICES PURCHASING DIVISION ADDENDUM NO.1 DATE ISSUED:February 21,2022 Request for Proposal(RFP):22-0066 BID OPENING DATE: March 3,2022(Unchanged) RFP No.22-0066,issued February 9,2022,is hereby amended as follows: 1. References to Appendix 3 have been corrected to reflect Appendix 2,and is herby incorporated in "RFP 22-0066 Final Bid Document V2". 2. Questions and Answers document is hereby incorporated,in full text,page 2. All other terms and conditions remain unchanged. {lea lk".044e Heather Oakes BUYER By the signature affixed below,Addendum No.1 is hereby incorporated into and made part of the above referenced RFP. COMPANY NAME: Baker&Taylor,LLC SIGNATURE: ir� -V n 1 _ Stefa+%Kremer,Director,Pricing Services NOTE:Company name and signature must be the same as on the original bid documents.Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. RFP 22-0066 DVDs,Blu-Ray,and Related Services Addendum No.1,Page 1 of 4 Page 35 Vendor Services Agreement—Exhibit A Page 45 of 58 Questions and Answers(Q&A)for City of Fort Worth RFP 22-0066 DVDs,Blu-Ray and Related Services Q1.In review of RFP No.22-0066 DVDS,Blu-Rays and Related Services it notes in several areas Appendix 3 but I'm unable to locate that Appendix in the provided file. I wondered if that Appendix could be provided? Al.Appendix 3, should have read as Appendix 2. Please see"RFP 22-0066 Final Bid Documents V2". Q2.Section 6.0—Standing Order Programs for DVDS and Blu-Ray,is the Library seeking a vendor to provide an Auto-Ordering program? A2. It is possible that the Library department would like to set up certain items to be automatically ordered for us such as TV shows,children's videos based on character(Barbie,Paw Patrol,etc), and theatrical releases based on box office revenue. Q3.Where it is noted in the header—Firm's cost for good or service—please confirm that figure is to represent the cost of a single disc processing service? A3.Yes,this is to represent the cost of a single disc processing service. Q4.Line 4—it is noted`Processing of non-Combo Packs:Blu-Ray and DVDs,One time case— Generic Artwork'what is meant by non-Combo Packs? Is this for Television Series and/or collections of movies? A4. Non-combo packs include single disc movies,tv shows, non-fiction videos and multi-disc sets like TV shows and collections of movies. Q5.If there are additional costs associated with titles that contain 2 discs or more,are we permitted to note that in a separate Cost Document and placed within the Price Proposal envelope? A5.Yes, per paragraph 1 in Exhibit B"Proposer shall provide cost for other items requested in the proposal on a separate document." Q6.Appendix B. On Line item#4&5 it notes the One Time Case. Is the Library wanting all DVD and Blu-ray titles to be processed into the One Time Case? A6.The Library department does want all DVD and Blu-ray titles to be recased into a One Time Case or a case of equal quality and the Library does not require locks on the cases. Q7.Please confirm that the Pricing Form should be separately submitted in an envelope marked `Pricing'. AT Yes, per section 33.8 page 9"Proposed Cost Schedule Summary-Exhibit B should be in a separate sealed envelope labeled"Pricing"with your proposal". Q8.Page 14,section 7.11.1,it notes a request for flat rate cataloging and recasing fee. Can you better explain what is meant by flat rate?Are they seeking the cost of cataloging and processing combined within one fee? A8.We are seeking the same price for all original catalog records where the vendor does not have existing cataloging for the title. The cost for processing will not be combined with the price for the original cataloging. RFP 22-0066 DVDs,Blu-Ray,and Related Services Addendum No. 1, Page 2 of 4 Page 36 Vendor Services Agreement—Exhibit A Page 46 of 58 Q9.Would the City consider extending the due date for this RFP to allow for more time to prepare proposals? A9. As of now,the bid opening date is March 3,2022, please check the City's website frequently to see if there have been any changes. https:/Avww.fortworthtexas..Qov/departments/financelpurchasinq Q10. Would the City consider extending the questions deadline to allow for additional questions? Al0. No,the deadline for questions was a firm date of 5 PM(local time)on February 16, 2022. Q11.Regarding Exhibit B,Cost Schedule Summary,will the City or Library be providing an average list price for Items 1 and 2 for vendors to apply their product discount to for the calculation? We offer a discount from MSRP/List price and these list prices vary for each title ordered. Will the City provide an average list price to allow for an equitable comparison of offers on the cost schedule sheet? All. No,the City is looking for a set discount price that will be applied to all materials. We fully understand that MSRP varies by title but the sample order is the same for all bidders. If the sample PO is lower because the vendor's fill rate is lower that will be duly noted. Q12. Does the City plan to request cataloging services for only a small portion of the DVD/blu- rays ordered? Are there specific collections that will require cataloging services and others that will be ordered product only or processing only? Can you provide more information about this so that we can accurately price our cataloging services for the Library? Al2. Which collections and how much product we will have fully cataloged will depend on the ability of the bidder to meet our cataloging specifications. It is our desire to have 100%of our material cataloged and processed by the vendor. Q13. Could the City confirm if the items numbered 33.1 and 33.3 through 33.9 are all excluded from the 50 page limit referenced in Item 4.3? Also, are any of the Proposer's attachments or appendices referenced in our proposal response required to be included in the 50 page limit? A13. No, section 33.0 is not excluded from the 50 page limit.Yes, Proposer's attachments or appendices are required to be included in the 50 page limit. Q14.Does the City intend or desire to award to one sole vendor or a primary/secondary award or make a multiple vendor award of this RFP? A14. Please see section 8.3 page 4"The City reserves the right to award a single contract or multiple contracts by section listed in the Scope of Work. Refer to Exhibit A for Scope of Work required be this RFP." Q15. Will the Library allow the vendor to supply Universal RFID tags that are compatible with your Bibliotheca system or do you require that vendors supply a specific brand and model of RFID tags for materials? If so,can you specify the RFID tags you require? A15.Specific brands of tags are not required but the tags need to be compatible with the Library's Bibliotheca equipment using the same parameters. RFID tags must be compliant with ISO 18000-3 mode 1 and IS015693 air interface protocols and the SLi-1 and SLi-2 chips and capable of storing data in the industry standard ISO 28560 format. Standards: ISO 18000-3 mode 1, ISO 15693, ISO 28560, CE, IS10716&ISO 9706 from TOV SOD PSB. The Library will need to test a sample of the RFID tags before moving forward during implementation. RFP 22-0066 DVDs,Blu-Ray,and Related Services Addendum No. 1, Page 3 of 4 Page 37 Vendor Services Agreement—Exhibit A Page 47 of 58 Q17. Regarding Exhibit B,Cost Schedule Summary,Items 4 and 5,can you clarifywhat is meant by"generic"artwork? Do you mean the scanned digital artwork used for Digital Media Processing? A17. Yes,the Library Department is referencing scanned digital artwork. We are not requesting any customization like property stamp/library identification on the artwork. Q18. Regarding Exhibit B,Cost Schedule Summary,Item 6,can you clarify/describe what the "Editing MARC Records"service entails? A18.The"Editing MARC Records"service entails,the cost for providing copy cataloging for titles the vendor already has records with local field added such as the 099 for local call number. RFP 22-0066 DVDs,Blu-Ray,and Related Services Addendum No. 1, Page 4 of 4 Page 38 Vendor Services Agreement—Exhibit A Page 48 of 58 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing buslnass w1th cscal governtrtental entity This geesrlennaim rei-haets efrangm rude to tW law by K9.21 64th leg.,Regular SDssknL OFRCE USEONLY thfSfi+�sl�nrina.�rr iMeg'ilrtd us dC�liYdnGa w:'Ahtnh�l{aict l��,tGF?Et;nrptrurrpnll .3fa'l utrsrJ�whn 11r.:s..,.•�: has a Dustness Wan oak z,as n_bned ti Secbm??f.fb:•I al w h a Wtv 3m•etrananta f and the spnd�,°nqats i gi1remEne and-5aerrcr 176.nfrsrat By I&rz claps 9rnaite m-si bt!ktd win 716 tanWb 'I the IMA 2W&ffW 8n'at ennry rWVel fw-1w Ph bt>wuss dal aftaT 11v data tta vender tamrKs aaar -sSfacts Iml mqdrs the trrpater4 w be A vomlor mntmu an olomw rt rQ verrd x xt-saa 4r v otases 5sc ti;r.I.a.XE�.t.ncar r"xer.rW1 GOW An dI(rrtw unttm t:wcritsn a r n-&rnx=xmt t Narne otvandorwha has a business relatfonalSlp with local governmemAl entity. 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E lg[ Pri�cino services _ f oinn tvaAed tr;Texas Eth n Gvrinswor awk.sle;s.sia?e tx.us P sad RFP No.22-0066 DVDS,Blu-Rays and Related Services Page 23 of 36 Page 39 Vendor Services Agreement—Exhibit A Page 49 of 58 DOCUMENTATION CHECKLIST "Proposer shall complete the below to aid in responsiveness* Refer to Section 33.0 for more information on the below required documents. Required Documents Document Attached? Page Number(s)of Bid Yes/No Response *Answering No to the *Bidder will need to numbe below may result in the bid each page of their being deemed non- proposal.* responsive* A completed and signed original Request for Yes Pagel Proposals(RFP)Cover Sheet. Proposer's ability to meet the requirements Yes Pages 2-20(Response) listed in Section 16.1. Pages 23-29(Attachments) A completed Qualification Questionnaire, Yes A Pages 30-33 Appendix 2. Samples of digitized processing services for the wrap around artwork to include call number Yes Pages 21-22(Attachment A) and codabar barcode. Any and all exceptions to the RFP must be listed on an item-by-item basis and cross- referenced.If there are no exceptions,the Firm Yes Page 34 must expressly state that no exceptions are taken. Any addendums sent out after the release of Yes Pages 35-38 the bid,if applicable. Conflict of Interest Questionnaire-Attachment Yes Page 39 A Proposed Cost Schedule Summary—Exhibit B. Separate Sealed Envelope All pricing shall be submitted in a separate seal labeled"Pricing" p g p Yes envelope labeled"Pricing"with your proposal. Pages 40-43 A completed Document Checklist to aid in responsiveness. Yes Page 44 Scanned Copy of all required documents. Please note,only the items on the USB will be evaluated,therefore,all documents must be Yes uploaded to the USB. RFP No.22-0066 DUDS, Blu-Rays and Related Services Page 36 of 36 Page 44 Vendor Services Agreement—Exhibit A Page 50 of 58 EXHIBIT B PRICING INFO C L cS customized library services by Baker 6 Taylor PRICING Submitted on behalf of Baker & Taylor to: City of Fort Worth Purchasing Division RFP#22-0066 200 Texas Street, Lower Level City Hall Fort Worth, TX 76102 Attn: Purchasing Manager Request for Proposals (RFP) No. 22-0066 for DVDs, Blu-Rays, and Related Services Response Due: March 3, 2022 at 1:30 pm -01100. BAKER & TAYL0R the future delivered Vendor Services Agreement-Exhibit B Page 51 of 58 EXHIBIT B COST SCHEDULE SUMMARY All pricing shall be submitted in a separate seal envelope labeled"Pricing"with your proposal.Only the items below will be used to evaluate cost. Proposer shall provide cost for other items requested in the proposal on a separate document. Item Services(a) Qty Unit of Firm's cost Total Cost # U Measurement for good or D=(b*c► service c 1 Digital Video Discs 36,000 Each $14.14* $509,040 2 Blu-Rays 36,000 Each $16.37* $589,320 3 Cataloging Titles 12,000 Each **Included in the CLS blended price 4 Processing of non- 60,000 Each $297,000 Combo Packs: Blu-Ray $4.95** and DVDs, One time Case—Generic Artwork 5 Processing Combo Packs: 12,000 Each $59,400 Single Blu-Ray and DVDs, $4.95** One time Case—Generic Artwork 6 Editing MARC Records for 12,000 Each **Included in the LS blended pric DVDs and Blu-Rays 7 Cost of Database Access 1 Each Free Free (including use) *Prices shown are average list prices for each format with the discounts as outlined below applied. Average list prices were based on Baker&Taylor's top selling titles from calendar year 2021 per format. **The pricing listed represents the CLS blended Total Cost: unit price. The CLS price is a blended unit price $1,454,760 based upon the volume of material to be ordered, processing components requested,and the complexity of the library's requirements. Our unit price is inclusive of the cataloging and processing services requested by the Library. Discounts Only a flat discount rate will be accepted Format Discount-Given in Percent DVDs 31.0% Blu-Rays 31.0% DVD/Blu-Ray Combo Pack 31.0% Page 40 (Separately sealed Pricing envelope) Vendor Services Agreement-Exhibit B Page 52 of 58 11r( B A K E R & T A Y L O R Attachment H DVD Lease Plan Pricing Baker&Taylor is pleased to provide pricing for our DVD Lease Plan on the pages that follow. This service will assist you in streamlining your DVD selection procedures while significantly reducing the number of invoices to be processed for payment. Therefore,we will issue a combined yearly invoice. The Library will also receive a 2%discount for prompt payment within 30 days of B&T DVD Lease Plan invoice date. Page 41 Vendor Services Agreement-Exhibit B Page 53 of 58 Empme;,Ml�1 1 1 1 1 ' 1 0V0/B1U=RAy [[AS[ PIAN Public libraries continue to see high patron demand for new release video titles,and we know maintaining an adequate collection of popular movies can be challenging.Our DVD/ Slu-ray Lease program is a convenient and economical way to increase your collection of new,popular titles to help meet patron demand during peak periods! Let us Customize a UN DRAY LEASE PRICING Plan for You You're in control of your PLAN ON-HAND MONTHLY ANNUAL MONTHLY ANNUAL NUMBER COLLECTION DVDIRD NEW DVD/BD SERVICE FEE SERVICE FEE collection and the lease SIZE ALLOWANCE ALLOWANCE titles chosen!Libraries are DL-1 100 10 120 $267.90 $3,214.80 encouraged to order monthly. DL-2 200 20 240 $535.80 $6,429,60 Extra DVD/Blu-ray allowances DL-3 300 30 360 $803,70 $9,644,40 may be purchased at any time through the lease period. DLA 400 40 480 $1,071.60 $12,859.20 Here are some examples: DL-5 500 50 600 $1,339.50 $16,074.00 ..........................................................................-............................,..................,....__...._._. ...._.,.._........................................................................ Selection&Ordering Made Easy Each month you will receive our Coming Attractions list featuring the top new release recommendations. Baker&Taylor's Coming Attractions is available by email in Excel and as a cart for Title Source 360 users. You are not limited to the titles on Coming Attractions.You choose what titles suit the needs of your library 800-775-2600 x2050 I "Info@baker-taylor.com ''rr B A K E R &T A Y L O R A Follett Company Stay connected: 9113 www.haker-taylor.com Page 42 Vendor Services Agreement-Exhibit B Page 54 of 58 OVD/BIUMRAY [EASE P[AN Titles Arrive Circulation Ready As part of the service,our Entertainment processing team will remove the vendor shrink wrap and security stickers. Each movie includes an edited BTMARC A/V record,rating label,spine label,barcode and ownership label with Baker&Taylor lease identifier label all at no additional cost.Other services,such as theft detection devices and repackaging in locking cases are available,simply ask your Baker&Taylor Sales Consultant. Using Your DVD/Blu-rap Allowance - MSRP DVD/BLU-RAY ALLOWANCE _ Up to$15.00 V2* $15.01434.99 1 — $35.00-$44.99 1 1/2 $45.00-$60.00 2— Each$30.00 increment add 1 * Example:Two$12.98 DVDs or Blu-rays equal one(Y2+1/-1)toward the total allowance. '* Example:One$49.95 boxed set equals two DVDs or Blu-rays toward the total allowance. —Example:One$119.95 boxed set equals four DVDs or Blu-rays toward the total allowance. Simple&Free Returns When your library is ready to make returns,simply contact our Customer Service team at LibraryANCustomerService@baker- taylor.com or call 1-800-775-1700.Customer Service will issue your _ library a call tag for simple and free returns. 800-775-2600 x2050 I AVlnfo@baker-taylor.com II r BAKE R &TAYLOR A Follett Company Stay connected: MD www.baker-taylor.com Page 43 P 36817 Vendor Services Agreement-Exhibit B Page 55 of 58 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY BAKER& TAYLOR,LLC 2810 COLISEUM CENTRE DRIVE, SUITE 300 CHARLOTTE NC 28217 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Stephanie Kremer Position: Director,Pricing Services (SEE DESIGNATION OF SIGNING A UTHORITY ON FOLLOWING PAGES) Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: (SEE DESIGNATION OF SIGNING A UTHORITY ON FOLLOWING PAGES) Signature of President/CEO Other Title: Date: Vendor Services Agreement-Exhibit C Page 56 of 58 Designation of Signing Authority Pursuant to authority duly delegated by the sole member of Baker & Taylor, LLC, the undersigned Treasurer of Baker& Taylor, LLC hereby designates those certain employees of Baker&Taylor, LLC listed in Schedule A attached hereto and made a part hereof by reference ("Schedule A")as having the requisite authority to execute on behalf of Baker&Taylor,LLC all bids, bid bonds, performance bonds, contracts and other documents relating to the supply of Baker & TayIor, LLC's products to libraries, schools, and/or other institutional customers of Baker&Taylor,LLC (the"Designation of Signing Authority"). This Designation of Signing Authority is effective as of April 15,2020 and shall remain in effect until modified or revoked by any officer of Baker& Taylor, LLC or sole member of Baker& Taylor, LLC. The employees listed in Schedule A shall be the only persons authorized to bind Baker&Taylor,LLC for the purposes stated herein,and any previous designations of authority are of no further effect as of the date hereof. This as of 29'day of January 2021. BAKER&TAYLOR,LLC By. ♦ ` �� Timothy Henrichs Treasurer Vendor Services Agreement-Exhibit C Page 57 of 58 SCHEDULE A TO DESIGNATION OF SIGNING AUTHORITY For purposes of the foregoing Designation of Signing Authority, the following employees of Baker& Taylor, LLC have the requisite authority to execute on behalf of Baker& Taylor, LLC all bids,bid bonds,performance bonds,contracts and other documents relating to the supply of Baker & Taylor, LLC's products to libraries, schools, and other institutional customers of Baker&Taylor,LLC. Amandeep Kochar Peter Chepul Bradley Lucas Stefanie Kremer Lee Ann Queen Jennifer B.Rhyne Kelly Tarlton Vendor Services Agreement-Exhibit C Page 58 of 58 5/11/22,2:53 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOk�11 Create New From This MSC DATE: 5/10/2022 REFERENCE**M&C 22- LOG NAME: 13P22-0066 DVDS, BLU-RAY AND NO.: 0342 RELATED SERVICES CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Authorize Execution of a Non-Exclusive Agreements with Baker and Taylor, LLC and MidWest Tape, LLC for DVD's, Blu-Ray and Related Services in a Combined Amount Up to $750,000.00 for the First Year and Authorize Four One-Year Renewal Options for the Same Annual Amount for the Library Department RECOMMENDATION: It is recommended that the City Council authorize execution of a non-exclusive agreements with Baker and Taylor, LLC and MidWest Tape, LLC for DVD's, Blu-Ray and related services in a combined amout up to $750,000.00 for the first year and authorize four one-year renewal options for the same annual amount for the Library Department. DISCUSSION: The Library Department approached the Purchasing Division to purchase Digital Video Discs (DVDs) and Blu-rays in English and Spanish formats on an as-needed basis from multiple vendors. These Purchase Agreements will allow the Library to have DVDs and Blu-rays available for checkout on the same date as they are released to video stores and to the public, and to stock new branches that will open during the term of these Agreements. Currently, Fort Worth citizens rely on Library materials as a resource for popular pre-recorded discs, motion pictures, music videos, cartoons, television series, as well as educational and entertainment programs for adults and children. In order to procure the service, staff issued a Request for Proposal (RFP) 22-0066. The RFP consisted of detailed specifications describing provision and quality of a street release date program; ability to provide a variety of titles in the quantities needed to fulfill orders from the Fort Worth Library; provision and quality of standing order program(s). The RFP was advertised in the Fort Worth Star-Telegram on February 9, 2022, February 16, 2022 and February 23, 2022. The City received two proposals. An evaluation panel comprised of representatives of the Library and Code Compliance departments reviewed and scored the submittals using the Best Value criteria which included: (a) Extent to which the Cataloging and Processing Services meet City's needs, (b) Quality of street release program, (c) Methodology of on-line services, (d) Ability to provide a variety for both DVD's and Blu-Rays and (e) Cost of service. The individual scores were averaged for each of the criteria and the final scores are listed in the following table: Proposers Evaluation Criteria a b c d e Total Score Rank MidWest Tape, LLC 10 8.5 7.5 8.5 35 69.5 1 Baker and Taylor, LLC 10 9 10.5 7.5 0 37 2 After evaluation, the panel concluded that Baker and Taylor, LLC and MidWest Tape, LLC presented the best value to the City. Therefore, the panel recommends that Council authorize agreements with Baker and Taylor, LLC and MidWest Tape, LLC. Non-Exclusive awards are recommended to ensure the Library has the flexibility to obtain items and services at the lowest cost and availability, as well as vendor responsiveness. No guarantee was made that a specific amount of products would be purchased. Funding is budgeted in the Other Contractual Services account and the Library Books and Materials account of the Library Department's rollup within the General Fund. apps.cfwnet.org/council_packet/mc_review.asp?ID=29895&councildate=5/10/2022 1/2 5/11/22,2:53 PM M&C Review Agreement Terms: Upon City Council's approval, this agreement shall begin upon execution and expire one year from that date. Renewal Terms: The Agreement may be renewed for four one-year renewal options for the same annual amount. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. DVIN-BE: A waiver of the goal for Business Equity subcontracting requirements is approved by the DVIN- BE, in accordance with the Business Equity Ordinance, because the application of the purchase of good or services is from sources where subcontracting or supplier opportunities are negligible. Administrative Change Order: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Library department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I D t Year (Chartfield 2) Submitted for City Manager's Office by_ Reginald Zeno (8517) Manya Shorr (7707) Originating Department Head: Anthony Rousseau (8338) —g g—P Marilyn Marvin (7708) Additional Information Contact: Cynthia Garcia (8525) Heather Oakes (8354) ATTACHMENTS 1295- Baker and Taylor.pI (CFW Internal) 1295- Midwest Tape LLC.pdf (CFW Internal) 13P22-0066 DVDS BLU RAY AND RELATED SERVICES.docx (CFW Internal) 22-0066 Baker&Taylor SAM 03.29.22.pdf (CFW Internal) 22-0066 FID Table.xlsx (CFW Internal) 22-0066 Midwest Tape SAM 03.29.22.pdf (CFW Internal) MWBE Waiver.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=29895&councildate=5/10/2022 2/2