HomeMy WebLinkAboutContract 62301CSC No. 62301
FORT WORTH.
VENDOR SERVICES AGREEMENT
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 CHILDREN'S PLUS, INC, d/b/a Libraria
("Vendor"), an Illinois corporation acting by and through its duly authorized Chief Operating Officer, each
individually referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following, which shall be construed in the order of precedence
in which they are listed:
1. This Vendor Services Agreement;
2. Exhibit A — Scope of Services;
3. Exhibit B — Payment Schedule;
4. Exhibit C — RFP #24-0144 Submitted Proposal Response; and
5. The Profiling Documents as further described in Exhibit A, as may be amended from time to
time.
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. The Parties also agree that the Profiling Documents, which will be created after execution
of this Agreement and agreed to by both parties, shall be enforceable as if it were attached herewith
including any amendments that are agreed to by the Parties. The Parties represent and warrant that the
Profile Documents shall not change any terms of this Vendor Services Agreement, but shall only better
define the expectations of the Parties with regard to the preparation of the good to be ordered hereunder. In
the event of any conflict between the terms and conditions of Exhibits A, B, C, or the Profile Documents,
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 books, cataloging and processing services, and
collection development and management services, which are set forth in more detail in Exhibit "A"— Scope
of Services, attached hereto and incorporated herein for all purposes.
2. Term. The term of this Agreement is for one (1) year, beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier
in accordance with this Agreement. City will have the option, in its sole discretion, to renew this Agreement
under the same terms and conditions, for up to four (4) one-year renewal options (each a "Renewal Term").
3. Compensation.
3.1 City Shall pay Vendor in accordance with this Agreement and Exhibit B, which
includes discounts and fee schedule of Vendor. No guarantee is made that a specific amount of
OFFICIAL RECORD
CITY SECRETARY
Vendor Services Agreement FT. WORTH, TX Page 1 of 47
products or services will be purchased. Total compensation under this Agreement will not exceed
three million two hundred thousand dollars ($3,200,000). Payments shall be made to Vendor
by City within 30 days after delivery of the goods and receipt by City of a correct invoice. The
Parties acknowledge that this is one of multiple non-exclusive agreements for these services and
that the total spend amount for the combined contracts per term cannot exceed the total included
herein.
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and the provisions of this Agreement, including Exhibit 111311-
Payment Schedule, which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will 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 will not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other parry with 30 days' written notice of termination.
4.2 Non-Apnronriation 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 will 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 will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will 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 will 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 will 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 will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained for City are subject to disclosure under the Texas
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Public Information Act. In the event there is a request for information marked Confidential or
Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit
reasons objecting to disclosure to the Texas Attorney General. A determination on whether such
reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the
State of Texas or by a court of competent jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must 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 will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Riaht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, 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 will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will 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 will 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, vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a co -employer or a joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will 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 contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, 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, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
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ANY AND ALL CLAIMS OR LAWSUITS 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 PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND 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, REPRSENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION - VENDOR AGREES
TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR
A CTIONA GAINST CITY FOR INFRINGEMENT OFANYPATENT, COPYRIGHT, TRADE
MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE
OF THE SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH THIS
AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND,
SETTLE OR PAY WILL NOT APPLYIF 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 WILL 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 WILL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH
SETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT CITY'S
INTEREST, AND CITYAGREES TO COOPERATE WITH VENDOR INDOING 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
WILL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM
OR ACTIONAND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND
TO SETTLE OR COMPROMISE ANY SUCH CLAIM, HOWEVER, VENDOR WILL FULLY
PARTICIPATE AND COOPERATE WITH CITY IN DEFENSE OF SUCH CLAIM OR
ACTION. CITYAGREES TO GIVE VENDOR TIMELY WRITTENNOTICE OFANYSUCH
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 WILL 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 MA TERIALL Y AD VERSEL Y RESTRICTED, VENDOR
WILL, 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
DOCUMENTATION WITH EQUALL YSUITABLE, COMPATIBLE, AND FUNCTIONALLY
EQUIVALENT NON -INFRINGING SOFTWARE AND 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,
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SUBSEQUENT TO WHICH TERMINATION CITY MAY SEEK ANY AND ALL REMEDIES
AVAILABLE TO CITY UNDER LAW.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will 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 will 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 will 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, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must 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 Services 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 will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are 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
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
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$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must 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.
(d) 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.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will 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 will 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 must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will 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 REPRESENTATIVES, ASSIGNS, CONTRACTORS,
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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 will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives or (2) received by the other party by United States Mail, registered,
return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Jesica McEachern
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Children's Plus, Inc d/b/a Libraria
Michael Beechin
1387 Dutch American Way
Beecher, IL 60401
Facsimile: 800-896-7213
Email: mikeb(&helloci)i.com
mikeb(a, Libraria. com
14. Solicitation of Emplovees. Neither City nor Vendor will, 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 will 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 does 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. GoverninLy Law / Venue. This Agreement will 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 will 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. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will 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; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
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of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance the notice section of this Agreement.
20. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will 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 will not be employed in the interpretation of this
Agreement, including the attached exhibits.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party 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, and C, 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. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
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 will 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 and Nationalitv Act. Vendor must 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 will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
27. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
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work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will 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 will 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 will 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 Authoritv. The person signing this Agreement hereby warrants that they have
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. Each
parry is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
29. Change in ComiDanv Name or Ownership. Vendor must 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 may adversely impact invoice payments.
30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 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" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code.
By signing this Agreement, 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 Agreement.
31. Prohibition on Bovcotting Energv Comuanies. If Vendor has fewer than 10 employees
or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 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. If
Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not
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apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code, 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 Vendor 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. 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. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
Y/:]
1,--
Name:
Jesica McEachem
Title:
Assistant City Manager
Date:
11 /13/2024
VENDOR:
Children's Plus, Inc d/b/a Libraria:
W. : M
By:
Michael Beechin (Nov 11, 2024 12:52 CST)
Name:
Michael Beechin
Title:
Chief Operating Officer
11 /11 /2024
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
/u-'_
By: Midori Clark (Nov 11, 202414:48 CST)
Name: Midori Clark
Title: Library Director
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
Contract Authorization:
M&C: 24-0444
Date M&C Approved: 5/21/2024
Form 1295: 2024-1153752
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Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By:
Name: Jessica Dean
Title: Administrative Services Manager
Approved as to Form and Legality:
By:
Name: Andrea Phillips
Title: Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 11 of 47
EXHIBIT A
SCOPE OF SERVICES
GENERAL
Within 30 days of contract execution, Vendor will schedule a meeting, in -person or virtual, at
Vendor's expense, with the Collection Development and Technical Services staff located at the
Fort Worth Public Library Operations Center at 8628 Camp Bowie Blvd, West, Fort Worth, Texas,
76116, to complete the profile documents that define cataloging, processing, selection lists,
selection and ordering system, reports, shipping, invoicing, and other services. The profile
documents will also include timelines with milestones for initial orders, shelf -ready samples,
training, and other services.
2. In the initial term of the agreement and any subsequent renewals, the Vendor will provide meetings,
in -person or virtual, at Vendor's expense, where the Vendor will spend time with the Collection
Management Division staff to discuss selection, ordering, cataloging, and processing. Vendor will
conduct quarterly conference calls or virtual meetings with key Vendor and Library staff to discuss
plans, issues, and new services.
3. Vendor will assign a specific individual to be responsible for the Library account and handling
customer service issues within two calendar weeks of contract execution. This person will be
available during normal business hours Monday through Friday excluding Federal, Texas, or City
holidays. Vendor will provide additional contact names, phone numbers, and e-mail addresses for
cataloging and processing services.
4. Library will designate a project coordinator, list Library staff authorized to make decisions
regarding Vendor services and fulfillment, and list other Library staff who are allowed to contact
Vendor with questions regarding services and fulfillment.
5. Vendor's collection development and cataloging services will be managed by staff members with
ALA accredited Masters of Library Science/Information Science degrees and have significant
professional experience in their fields. Vendor will have sufficient selection, cataloging, and
processing staff to meet the demands of this contract.
6. Vendor will provide ongoing support for its online system and provide notification when new
releases or upgrades are available. Vendor will provide system support Monday — Friday 8:30am
— 4:30pm CST.
7. Vendor will provide one or more toll -free telephone numbers and/or e-mail addresses for use
contacting customer service representatives.
8. Vendor will provide training guides and live training on its online selection and ordering system,
either on -site or via webinar, to Library staff. Training schedule and format will be determined
when the profile documents are created.
9. Once testing of cataloging and processing is complete, the Library will order the majority of
materials shelf -ready. For the purposes of this contract, "shelf -ready" means upon receipt of books,
the Library staff shall verify the contents of the shipment, accept, check -in, and put the items into
circulation. Shelf -ready items will have been cataloged and processed according to Library
specifications and no additional cataloging and/or processing will be required of Library staff.
Vendor Services Agreement Page 12 of 47
10. Vendor ship items to the City:
a. Vendor will ship in -stock items ordered book -only and Mylar jacket -only within an
average of 2 business days of order date.
b. Vendor will ship at least 1 business days prior to street date those items ordered book -only
and Mylar jacket -only that are ordered pre -publication and have an initial print run over
100,000.
c. Vendor will ship by street date those items ordered shelf -ready that are ordered pre-
publication and have an initial print -run over 100,000.
d. Vendor will ship other in -stock items, whether ordered with shelf -ready cataloging and
processing, within an average of 10 business days of order date.
e. Vendor will ship 85% of published items ordered shelf -ready within an average of 20
business days
For items 10.b and 10.c. hereof, Vendor will use commercially reasonable efforts to ship for
delivery within the stated timeframes for street date materials. Vendor is reliant on publishers to
provide units of high demand titles in a timely fashion. On rare occasions, publishers do not ship
items to Vendor with sufficient amount of time to ensure street date delivery to the City. In these
cases, Vendor will use commercially reasonable efforts to minimize the impact of publisher delay
by shipping on an expedited basis. For items 10.a. and 10.d hereof, turn times as stated in Vendor's
RFP response refer to days to ship from Vendor's warehouse following acceptance of order..
11. Vendor shall not charge City any sales tax for items under this Agreement.
12. The Vendor will warrant all items to be new, free from defects in design, materials and
workmanship, and to be fit for their intended purpose. Unless otherwise specified, all items will be
guaranteed for a minimum period of 120 days against defects in material and workmanship. During
this period, if a defect is found and determined not to be caused by misuse, the Vendor will replace
the item free of charge to the Library, or credit the invoice if the item cannot be replaced.
13. Damaged and defective items, items damaged in shipment, picking errors, and incorrectly shipped
items (for example, wrong title, wrong quantity, duplicate shipments) will be returned to the
Vendor for replacement. In the event a suitable replacement does not exist, a credit memo may be
issued to the Library. Vendor will issue a UPS call tag or the equivalent upon request of the Library.
COLLECTION DEVELOPMENT AND ORDERING
14. Vendor will maintain the capability of providing a broad comprehensive spectrum of children's
and teen books in quantities to meet the needs of a large public library system. Vendor will continue
to work with a wide range of publishers including small presses, and Spanish language publishers,
including Spanish language publishers outside the United States, for the duration of the agreement.
15. Vendor will supply new trade children's and teen fiction and nonfiction in hard cover, library
binding, trade/quality paperback, and mass market paperback formats. This includes graphic
novels, test study guides, large print, lift -the -flap books, board books larger than four inches square,
Spanish language books, and bilingual books.
a. Juvenile and teen trade hardcover editions — Hardbound materials with wide distribution
for the general consumer and with broad mass appeal.
b. Juvenile and teen trade paperback editions - High demand paperback materials under wide
Vendor Services Agreement Page 13 of 47
distribution. These are usually oversized, of a better quality than mass market paperbacks,
and do not fit in standard paperback racks.
c. Mass -market paperbacks/tall mass -market paperbacks - A standard rack size or tall
paperback and printed on newsprint -type paper.
d. Library binding — A special hardcover binding designed to be more durable than trade
hardcover editions and to withstand use in a library environment. Only a very small
percentage of the library's orders will be library binding.
e. Graphic novels — Related to comic books but typically longer and bound in a more durable
format. Many are printed as serial publications where issues are released under the same
title and appear at regular intervals. Under this agreement, many of the graphic novels will
be purchased through a standing order plan.
f. Large print - Books where the print is considerably larger than the font used in typical
publications to accommodate the visually impaired. Often this is 16-point size typeface
rather than 9-, 10-, or 11- point size normally used. Large print books will be ordered as
part of this agreement.
16. The Library may add additional formats as new formats become available. The Library will contact
the Vendor when new formats are added.
17. The Library will use Vendor's www.libraria.com for selection and acquisitions. Vendor will
provide access at no charge to an unlimited of users at the Library inclusive of brief MARC on -
order records with customization, access to full text reviews and full grid ordering capability.
Library will designate which staff have administrative privileges.
18. Vendor will provide pre -publication alerts and customized selection lists, based on the Library's
collection development profiles, for various age levels, topics, languages, and genres. Lists will be
available at the Vendor's website. Library staff will be able to create orders online directly from
these lists. Specific lists and delivery schedule will be mutually agreed upon when the profile
documents are created, but can be updated at any time with mutual agreement from both parties.
Titles on the selection lists will meet the standards described in the RFP.
19. Vendor will provide a rush account service that the Library can use to expedite high demand titles.
Library agrees not to utilize rush accounts for more than 20% of total annual orders. Vendor and
Library may agree on other types of accounts to handle street date and various other delivery
deadlines, special collections, and service levels.
20. Vendor will provide real-time in -stock information online.
21. The Library utilizes an Integrated Library System (ILS) called Polaris ILS from the vendor
Innovative Interfaces, Inc. The Vendor will recognize and interface with the Polaris ILS.
22. Vendor's website will provide online grid -ordering functionality. Library may add quantity and
grid information item by item to a cart or add items using grid templates with multiple locations
and funds. Library acquisitions personnel will be able to create order carts that can then be
downloaded to a MARC file using the Polaris load table to create multiple funds and locations in
the Polaris order record. Once the order is placed through the Library's ILS, Vendor will deliver
an electronic confirmation (acknowledgement) within 24 hours to either a designated FTP site or
to a designated point of contact via email.
23. When the profile documents are created, Library and Vendor will decide which Enriched order
data information will be included. Options include title and copy information, branch codes,
Vendor Services Agreement Page 14 of 47
quantity per branch, call numbers, item type, location, holding codes, etc.
24. The Vendor will accept firm orders in all the following formats:
EDI (Electronic Data Interchange). Vendor will provide a system with the ability to build
orders containing agency, copies, and fund code information in the Library's ILS.
FTP (File Transfer Protocol)
Ordering directly on the Vendor's database
25. The Vendor's online ordering system will be capable of processing, controlling, documenting, and
reporting the following data elements:
• Vendor name and address
• Billed to location
• Shipped to location
• Account number
• Purchase order number
• Title, ISBN and other basic bibliographic and format information
• ILS bibliographic number, ILS item record id, or other designated match point
• ILS collection code
• Locations/Branches, number of copies and fund codes
• Special ordering/processing notes, to be defined when profile documents are created
• Unit cost
• Extended and total amounts
26. Vendor's ordering system will build an order record in the Vendor database with 970 tag or other
functionality that can be used to create an order record in the Library's ILS.
27. Vendor will provide order acknowledgment, confirmation, cancellation, standing order, and status
reports. Report frequency and delivery method will be finalized during the creation of the profile
documents.
28. Vendor will provide order status information on its website. During the creation of the profile
documents, Library and Vendor will agree on additional order status reports that may be required.
29. Vendor will maintain a 120-day backorder life for all titles. When titles reach this end of backorder
life the Vendor will automatically cancel them and include them on a cancellation report that
include at the minimum, author, title, publication date, quantity cancelled, PO name, and reason
for cancellation. Vendor will indicate the reason for the cancellation on the notice supplied to the
Library.
CATALOGING AND PROCESSING
30. While the majority (up to 95%) of library materials that are for circulation will be cataloged and
processed, not all materials ordered will be. Materials ordered for giveaways will not be cataloged
or processed.
31. Bibliographic records will be consolidated whenever possible. Trade/quality paperbacks and mass -
market paperbacks are added to comparable records for the hardcover when issued by the same
publisher regardless of publication year, unless it is a revised edition. When a paperback is attached
Vendor Services Agreement Page 15 of 47
to a hardcover record, the ISBN of the paperback is added to the 020 field.
32. Vendor will use remote Z39.50 method for cataloging. Sources, selection, editing, and addition of
bibliographic records; addition of holdings records; and updating Online Computer Library Center
(OCLC) bibliographic information will follow the standards and specifications outlined in the RFP
and finalized during the creation of the profile documents.
33. The Vendor will be allowed a 60-day learning period for cataloging and processing from the date
of the beginning of the agreement. Vendor will be required to maintain an error rate of less than
1 % quarterly for cataloging. Errors are defined as variations from the cataloging and processing
specifications outlined in the RFP and agreed to during the creation of the profile documents.
Library and Vendor will work together to describe the tracking and reporting process.
34. After the above mentioned 60-day learning period, the Vendor will be required to credit the Library
quarterly for the shelf -ready cost of each affected item with errors. The Library will record errors
as they occur and report them to the vendor quarterly for credit. The credit amount will be the full
cost of the item's processing as defined in Exhibit B. This credit will reimburse the Library for its
efforts in correcting the work of the Vendor. In addition to tracking errors reported by staff, the
Library will sample random shipments for accuracy.
35. The Library will report errors to the Vendor immediately, and Vendor will take steps to ensure
future shipments are correct and that percentages are within the specifications. Failure of the
Vendor to maintain acceptable percentages may result in the termination of this Agreement.
36. Changing Library needs may result in changes to cataloging specifications. Changes will be
mutually agreed -upon by the Library and the Vendor. While changes may be discussed and agreed
upon via telephone, all changes will be followed up in writing via e-mail or other written
communication. Vendor will have changes implemented within 30 days of written notification of
the change. If changes cannot be agreed on the City may terminate this agreement with 60 days'
written notice.
37. Vendor will follow the standards and specifications for the physical processing of books as outlined
in the RFP and finalized during the creation of the profile documents.
SHIPPING, INVOICING, AND PAYMENT
38. The Library will work with Vendor to determine the optimal shipping schedule and methods, such
as consolidated shipment, etc. when the profile documents are created.
39. Vendor will furnish the total number of copies ordered of any one individual title in one shipment
and fill orders for multi -volume sets in one shipment unless doing so would delay the shipment by
more than five days. In the event that shipment would be delayed by more than five days, the
Library will accept partial shipments.
40. All shipments must be accompanied by a packing list. Packing lists will include quantity shipped,
title, author, ISBN, and purchase order numbers. Each packing slip will reference the
corresponding invoice. During creation of the profile documents, Library and Vendor will
determine whether each box in a shipment will contain a packing slip, or if one box will have the
master packing slip.
Vendor Services Agreement Page 16 of 47
41. Vendor will absorb all shipping and handling charges, including any fuel surcharges. Inside
delivery to the Processing Unit is required. Library staff will not assist with the unloading of
pallets. The Library does have a loading dock.
42. Prices shall be Free On -Board Destination. Freight prepaid (FOB-D F/P). For the purposes of this
contract, FOB-D F/P is defined as: Title passes to Library when goods are delivered inside the
Library's specified delivery location. Vendor pays freight when goods leave its dock. Vendor
bears all freight charges. Vendor owns and is held liable for all goods, including cataloged
and processed goods, and assumes liability for damage/loss while said items are in storage
and/or in transit. Vendor files claims, if any. Library understands that once materials are
cataloged and/or processed to the library's specifications, the Library is obligated to receive
and purchase the materials unless the items were ordered in error by the Vendor, the items
are not the items ordered by City, or the items are damaged.
43. If orders are not part of an opening day collection, all orders will be delivered to:
Fort Worth Public Library —Operations Center
Technical Services Unit
8628 Camp Bowie Blvd, West
Fort Worth TX 76116
44. The shipping label on each carton will list the pack date, freight carrier, purchase order number,
account number, carton number and individual carton weight. Each carton in a shipment is
numbered, and indicate total carton count (e.g. 1/3, 2/3, and 3/3, or 1 of 3, 2 of 3, and 3 of 3). If
Vendor is unable to provide all the copies required for branch distribution in one shipment, they
will contact the Acquisitions Manager to agree how to handle the order.
45. Cartons will not exceed the maximum dimensions accepted by the U.S. Postal Service regardless
of the carrier used. Maximum weight of each carton will not exceed 55 pounds.
46. Materials will be packed adequately to prevent damage in transit. Cartons will be properly sealed
to meet or exceed recommendations and requirements of the U.S. Postal Service to ensure their
arrival in excellent condition.
47. Vendor will include packing lists on all shipments that are not shipped with invoices.
48. Vendor will send electronic invoice files to a destination FTP site that accessible by the Library
when orders are ready to ship. Vendor will also send EDI invoices to the ILS.
49. Vendor will provide materials invoices. These invoices can be hard copies or by electronic mail
sent to Library staff members who will be identified during the creation of the profile documents.
If email is not available, and invoices accompany shipments, the carton containing the invoice shall
be marked to indicate that the invoice is inside. In the event that including an invoice holds up a
shipment by more than 1 day, the Library will accept shipments without invoices. The invoice must
arrive within one week after the shipment has arrived.
50. Vendor's invoices for each title will include quantity, title (listed alphabetically), author, ISBN,
unit list price, discount, unit price with the discount applied, and the extended total cost. The City's
purchase order number and Vendor's Federal Employer Identification Number (FEIN) must also
be listed on the invoice. Other invoice options will be decided during the creation of the profile
Vendor Services Agreement Page 17 of 47
documents.
51. Vendor will invoice cataloging, processing, and any service other than the materials separately.
Cataloging and processing can be invoiced separately or combined, but each cataloging and
processing invoice will reference or otherwise indicate the corresponding materials invoice.
Invoice cost/pricing for cataloging and processing services will be expressed in specific monetary
amounts, not percentages.
52. Library prefers a monthly consolidated invoice for processing and cataloging charges to be issued
on the lst of the month.
53. In the event that an invoice is incorrect, the Vendor will issue a corrected invoice.
54. In the event of an error requiring the Library to receive credit, Vendor will provide a credit memo
in writing. The credit memo will include a description of what the credit was for and reference the
corresponding invoice to which that the credit memo will be applied.
55. Electronic invoices are allowed by the City of Fort Worth's Accounts Payable department, but
faxed invoices are not. In the event an invoice is faxed, the original invoice must also be sent to
the Acquisitions Unit by mail or email.
56. Vendor must accept payment by either City of Fort Worth check, or through the City's ACH
(Automated Clearing House) electronic funds transfer system. ACH is the preferred method.
57. Vendor shall send invoices with payment terms of "Net 30 days" only.
58. Vendor will make reasonable adjustments to shipping and invoicing processes as the Library
develops workflow efficiencies.
59. Library will need an account that differentiates between materials ordered for circulation and those
ordered as giveaways.
OPENING DAY COLLECTIONS
60. Vendor will provide collection services in conjunction with any opening day collection (ODC) at
no cost to the Library above and beyond the contracted charges for such services for the general
collection. ODC services will include scheduled selection lists, shelf -ready cataloging and
processing, storage of materials until the Library is ready to shelve -out, and delivery to the new
location. If there are special services required for collections unique to the new location, additional
costs will be negotiated on a case -by -case basis.
61. Library will produce lists of titles that are to be automatically included in the ODC. Vendor will
exclude these titles from any additional ODC selection lists.
62. Vendor will create ODC lists in categories to be designated by the Library including separate adult,
teen, and youth lists for Dewey number breakdowns and fiction genres.
63. Vendor ODC lists must include the following information per title:
• Author/editor (last name first)
• Title
Vendor Services Agreement Page 18 of 47
• Publisher
• Date of publication
• Edition
• List price
• Discount price
• 13-digit ISBN or ISSN
• Availability of the item
• Binding type
• Full text review, if available, or book description/annotation
• Indication of initial print run, if available
64. ODC selection lists will be posted to I -page for marking and will be ordered through the vendor
website.
65. ODC selection lists will only contain items the Vendor can supply.
66. Library will be given a minimum of 30 days after receipt of acceptable ODC selection list to select
and place the order.
67. Previously selected titles must not appear on forthcoming ODC selection lists.
68. Library will place ODC orders in accordance with the mutually -agreed to project schedule. Vendor
will be kept apprised of revisions of the opening date. Vendor will supply and ship 90% of the
items 30 days prior to opening day, provided the Library abides by the schedule.
69. Vendor will provide all staff support, office and warehouse space and the equipment and supplies
necessary for the acquiring materials from publishers, processing, cataloging, storage and shipment
of ODC items. Vendor will designate at least one individual by name to serve as its representative
to Library during the agreement period.
70. Invoicing for ODC materials, cataloging and processing will occur at the end of the project once
materials are received by the City of Fort Worth as required by the City of Fort Worth purchasing
rules. Vendor will issue one invoice per ODC purchase order.
71. Materials for the ODC will be stored separately from the materials being ordered for existing
branches.
72. Vendor will establish separate ODC accounts for each category of materials as defined by Library.
Each fund account will have a cap determined by Library, which may not be exceeded or adjusted
unless authorized by Library.
73. Vendor must issue an ODC fund report twice monthly and then weekly when the project is 90 days
from completion. It will at least include:
• Fund name
• Original budgeted amount
• Backorder amount
• Invoiced amount
• Available balance
Vendor Services Agreement Page 19 of 47
• Number of books ordered
• Number of books in process
• Number of books backordered
• Number of books cancelled
• Number of books invoiced
• Total balances for each category listed above
74. Orders made for an ODC will be stored and shipped at no additional cost to the Library until
delivery is requested by the Library. Vendor will store all ODC materials in a climate -controlled
facility until requested by Library. Items should be packed in a rough shelf order. Rough shelf
order would be Dewey centuries or decades depending on the Dewey number for non-fiction, and
rough alphabet breaks like A-C, D-G, etc. for fiction.
75. Vendor will conduct an initial conference call or virtual meeting within 30 days of an officially
announced ODC project. An additional virtual visit or conference call to review and amend the
profile documents for each ODC project will occur within 45 days of such date.
76. Vendor's project contact person will be available for weekly conference calls to discuss the ODC
project as necessary.
77. Vendor will work with Library to develop ODC project schedules and timelines.
78. At Vendor's expense, Vendor will provide an employee to be on -site for the delivery of the ODC
collection.
79. Library may also utilize other services that Vendor provides in conjunction with ODCs such as
unboxing and shelving which would be determined at the time of setting up the ODC project.
ADDITIONAL SERVICES
80. The Library includes in this contract the option to use the Vendor for purchasing giveaway and
prize books for patron reading programs and other programs
EVALUATING AND MEASURING THE SUCCESS OF THE AGREEMENT
81. The Library will conduct monthly audits on invoices to ensure that pricing and discounts are
aligned with this contact. The Library will conduct turn -around -time studies to determine if the
needs of the Library are being met. The time studies will evaluate how long it takes from the date
of publication or the date of order to get the cataloged and processed materials to the Library. The
expected cataloging and processing error rates of less than 1 % will also be utilized when evaluating
the success of the agreement. Vendor's overall fill rate for all United State imprints, for each year
of the contract, must meet or exceed eighty-five percent (85%) for all items ordered. Failure to
meet this measure may result in termination of this Agreement.
FLEXIBILITY IN MEETING SPECIAL CIRCUMSTANCES AND NEEDS
82. Vendor will work with the Library to try to meet any special circumstances or changing needs that
may occur during the contract period, such as the planned upgrades of the existing ILS,
Vendor Services Agreement Page 20 of 47
implementation of a new Integrated Library System and/or workflow and process changes. The
Library will strive to be flexible and open-minded, as well. The Library will be interested in and
open to ideas from Vendor on ways to improve turn -around -times, workflow, and service to our
customers.
83. The Library reserves the right to add and/or delete services to this agreement. Should a service
addition or deletion result in changes to payments or prices, such changes will be incorporated by
amendments.
Vendor Services Agreement Page 21 of 47
EXHIBIT B
PAYMENT SCHEDULE
CATALOGING AND PROCESSING OPTIONS Unit Price
Tier- 1 Cataloging and Processing
• ,'ARC record
• Barcode label. spine label. property label or stamp
• �!ylar cover
Tier 2 Cataloging and Processing
• Includes Tier 1 Cataloging and P
• YARC record %•rith custom holdings and OCLC number
• Up to t,.•fo additional . .:, o. m or custom labels
Tier 3 Cataloging and Processing 53.30
• Includes Tier- 1 and Tier 2 Cataloging and Processing
• !ARC record with localized customization
• 239.50 or live lookup
• Series or custom cuttering
• Nev. vs. add MARC records
• Up to five additional program or custom labels
ADD-ONS
Unit Price
P,-ogram and attach RAD tag
50.75
Attach 3M theft strip
SO•44
Apply Kapco Cover to paperback
S2.25
MARC Records Only
50.75
Print and attach barcode
50.20
Print and attach spine label
50.20
Print and attach propert, label or property stamp
50.20
Print and attach other label (custom)
SO.25
Attach book pocket
50.20
Attach date due slip
50.20
Vendor Services Agreement Page 22 of 47
EXHIBIT C
SUBMITTED PROPOSAL RESPONSE
CITY OF FORT WORTH - Pi-RCHASIN O DIVISION
PROPRIETARY INTORIL-,TION. QI-ALIFICATION
QUESTIONNAIRE, AND --%LC DATORY REQUIREMENTS
Doc. Ref#: RFP-08 1 Page 1 of 7
Legal Name ofProposer: Children's Plus, Inc-
1-0 PROPRIETARY INFORM ATION
i_ All material submitted to the C'iry becomes public property and is
subject to the Texas Public Information Act upon receipt_
ii_ If a Bidder does not desire information that it belie=, -es to be proprietary
in the bid to be disclosed, the bidder must list each page number in the
chart below and must clearly mark and identify each page by including
the -word ''PROPRIETARY"' in all caps and highlighted yellow on the
bottom center of each page at the time of submittal_ The City will_ to
the extent allowed by lain, endeavor to protect such information from
disclosure_ The final decision as to the information that must be
disclosed lies with the Texas Attorney General_ Note: Pricing may not
be marked proprietary and will be made publicly available iri the form
of a bid tab f6llDVV1ng evaluation of all bids_ By submitting a response,
Bidders agree that pricing is not proprietary and may be released_
in_ Failure to identify proprietary informs#ion, as required in 9.2 _ � ill result
in all unmarked sections Tieing deemed non-proprietary and available
upon public request_
Pages with information Please indicate if only specific sections
believed to be on the page are believed to be
Proprietary Proprietary
'.0 PRO POSE R'S QUALIFICATION QUESTION-NAIRE
The information provided on this questionnaire and in the Proposal, submittal
Page 1 of 7
Vendor Services Agreement Page 23 of 47
CITY OF FORT WORTH - PURC ILL INN DIVISION
PROPRIIETARY IN-FOR_-NUAMON, QUALIFICATTON
UESTIO AiRE, AND MANDATORY REQUIRE IIF. TS
Doc- Ref#: RFP-08 j Page 2 of 7
wi11 be used to determine the responsiveness of the Proposal. Please answer
each question thoroughly- Answers may be provided on a separate sheet as
long as each response is labeled according to the question-
2-1 Will the agreement be available for Cooperative Agreement use`?
Please refer to the Cooperative Purchasing clause in the "RFP-01
Instruction to Proposers" doctunent.
Yes X No
2.-2 Prompt Payment Discount Tennis: NIA Percent NIA Days (i-e-
3% Net 15, etc-
2-3 How long has your company been in the wholesale book
bliSlneSS9 45 Years, incorpo rated far 28 (Attach information that c eau be used to
eri y your years of experience-)
-4 How long has your company been providing cataloging and
processing sen-ices'? 12 years (Attach information that
can be used to verify your years of experience.)
2-5 On the reference document (RFP-04 Reference Sheet)hst at least three
(3) multi -library public library systems using Polaris (Version 7-4
Build 23 735) for which the vendor has supplied books, cataloging,
and processing ser-,,1- es during the past three (3) years- References
must include a total of three system& With a inaterials budget in excess
of 1-5 million- Please indicate the system used by each library and
which libraries have budgets in excess of 1-5 million annually- The
list should include library names, addresses- Acquisitions, -"Collection
Page 2 of 7
Vendor Services Agreement Page 24 of 47
CITY OF FORT WORTH - PURC I-LkSI O DIVISION
PROPRIETARY INFO}R_-1UTION, QUALIFICATION
QUESTIONNAIRE, AND ]NU DATOR RE DIRE-IIE T
Doc_ Ref#: RFP-08 Page 3 of 7
Development contact people with telephone munbers_ e-mail
addresses, and which ILS is used-
3-0 VENDOR PERSONNEL:
3.1 For a contract this size, how- mane staff would be assigned to Catalog
materials"
Hove many staff would be assigned to Process nmterials7
10-15 (depending on the size and frequency of orders).
4.0 VENDOR'S ACCESS TO I VE TORY AND DELIVERY
SERVICES
4.1 Number of in -stock Spanish titles: 35, +
Number of Spanish publishers supplied- 600+
4.2. Is Vendor able to provide access to real-time, in -stock infonnation
online (check one):
SYES
ISO
4_3 On as eparate sheet, please describe your delivery options, for
example: consolidated shipments. drop strip. etc.
4_4 Provide a sample packing list_
5.0 ABILITY TO C"AT LOCF - -D PROCESS BOOKS AS SPEC:IFIED
5.1 Describe hover you would get FGUPL-s holdings records into the OCLC"
database and the corresponding cost ofprov.iding this service_
_0 CATALOGING G METHODS FOR BIBLIOORAPHIC: AD
HOLDINGS RECORDS
_1 Please fully describe your proposed alternate cataloging method_
Page 3 of
Vendor Services Agreement Page 25 of 47
CITY OF FORT WORTH - PURC IUSI G DIVISION
PROPRIETARY Ili-FORNUTIO , QUALIFICATION
QUESTIONNAIRE, AND -IIA- TDATOR RE DIRE -lam TS
Doc. Ref#_ RFP-08 I Page 4 of ?
7.0 CATALOGING SPECIFICATIONS
7-1 Number of days necessary to fully catalog AND process an item using
option 1 (book in hand live in system: c1 days
7-2 Number of days necessary to fully catalog AND process an item usir
option 2. using Z39-50:t days-
7-3 Number of days necessary to fully catalog AND process an itemusin.g
option 3 (acceptable v mdcT proposed method): NIA days-
8-0 DATA BASE SERVIC'E S
8.1 Please refer to Document BT-2.5FI Did table to enter your data base
access fee and additional costs (if any) providing new publications
selections hsts-
8-2 Number of users allo% red and at what level -
Unlimited users allowed at no additional oast to the library.
8-3 Please describe the different levels of access available in your
database (use additional sheet(s) ifnecessary)-
Thereare two levels, admin and regular users-
8-4 Bidders are required to prol-ide temporary access to the database so
that llibrar staff can evaluate the s erv. ices for the purposes of
determining the successful bidder(s).
Web Address:
www.hellocpi-corn - select "login", select "public library"
Login:
Password:
Page 4 of 7
Vendor Services Agreement Page 26 of 47
CITY OF FORT WORTH - PI-RCHASI G DIVISION
PROPRIETARYINFORMATIO ,Q ALIFICATION
UESTIONNAIRE, AND MANDATORY REQUIREMENTS
Doc. Ref#: RFP-08 I Page 5 of 7
Expiration date of trial access:
Once the bid award announcement is made -
Name of Vendor's selection and ordering database-
www_helloopi.com, CPI
8-5 Describe how. your selection lists are created and at what frequency -
Include a sample new title selection list- This can either be an
attached list or a cart/list ui the evaluation account on the vendors'
database (use additional sheet(s) ifnecessary)-
Customselection lists are created at the library's request Seasonal educational
nonfiction selection lists are sent twice a year- Featured selection lists are continually
u pd ated.
8-6 Describe your Spanish book senlices including how you inform
libraries of new publications (use additional sheet(s) if necessary)
Custom crrated lists, featured lists, marketing emails, catalog, CD monthly picks-
8-7 Please describe your demand levels and hou- users of your database
can ascertain the dernand level of titles- (use additional sheer(s) if
necessary) -
Users can search demand level by the popularity search feature. Additionally
our u+ehsite reflects all available titles only and is updated daily.
9-0 ORDER SERVICES
9-1 Please describe any additional services that are offered and/or Will be
offered by the Vendor that can help the library naake predictive
collection decisions regarding titles and/or authors and placement
amongst the library's locations- If the services described cost
additional charges please indicate the charges- Please indicate which
sen-ices are livelin production and w.hich are in din-elopment (use
additional sheet(s) if necessary) -
In addition to any requested custom curated lists, our Collection Development team puts together
featured lists, CD monthly picks, highlighted marketing email% and more to help with
collection decisions- AI I are free of oast.
Page 5 of 7
Vendor Services Agreement Page 27 of 47
CITY OF FORT WORTH - PURCrIL-kSINO DIVISION
PROPRIETAR INFOR_NUXION, UALIFIC" -nON
L ESTIONN IRE, AND _likND AT0RY REQ1-IRENIE NTS
Doc. Ref#: RFP-118 I Page 6 of 7
Additional Charge: Yes No X If yes_ how much
Toll -free number: (&W) 230-1279
E-mail address: bidshellocpi.com
10.0 C'USTCI_IIER SERI-ICE AND REPORTING SERVICE
10_1 Prox-ide a sarmple order acknowledgment andfororder confirmation _
10.2 Provide a sample cancellation report_
10.3 Provide a sample status report and list of status codes_
11.0 M"OIMG SERVICES
11.1 Provide a sample materials i Voice_
11.2 Provide a sample cataloging.'processing invoice_
11_ Provide a sample credit memo_
12.0 RETL-RNSAND C USTO--NiER SUPPORT
12.1 Provide a copy of your return policy and your credit memo policy_
12.2 E-mail andfor toll -free phone number for placing orders:
orders@hdlocpi_com
12_3 Internal Customer Service Representative
NAME: Kelsey Nellegar
TOLL FREE NUMBER: (800) 230-1279
E.-A11 ADDRESS: cshellocpi_com
12.4 External Customer Senice Representative (Sales Rep.)
,NA1vjE: Nancy Boeckstiegel
TOLL FREE NUMBER: (800) 230-1279
E-MAIL ADDRESS: nancyb@hellorpi_com
12.5 Cataloging Contact
NAME: Molly Rosati
TOLL FREE NUMBER: (800) 230-1279
Page 6 of 7
Vendor Services Agreement Page 28 of 47
CITY OF FORT 11"O1 TH - PURCHASING DIVISION
PROPRIETARY INFOR-1UTION, QUALEFICATION
UESTIC}NNAIRE, AND 1UND STORY REQUIREMENTS
Doc- Ref#: RFP-OS Page - of ?
ENL�UU,ADDRESS: processingg4ellocpi.com
13-0 OPENING DAY COLLECTION
13-1 On the reference document (RFP-04 Reference Sheet) List 3 multi -
library public library systems that you have done an ODC collection
for in the last 3 years- Include:
13-1-1 Library Name and Address
13-1- 2 Contact person, phone, and email address-
14-0 ADDITIONAL SERVICES
14-1 Discards — If the Vendor pro Vides or partners With any third party
company to process library discards and unw. anted donations- please
describe those relationships and services- Please include hove
payment for items is handled and all options that are av-ailable for
payment (use additional sheet(s) if necessary) -
WA
14-2 If there are additional sen-ices or options that have not been discussed
elsevv.here, please take this opportunity to describe them here- Please
include any pririug that would be inVolv-ed as well {use additional
sheet(s) if necessary) -
For Opening Day Collections, in addition to the discounts, processing, and free shipping,
we offer free unboAng, shelving, and clean up-
e also offer Summer Reading and Special programming support, services free of cost
only cost is the product and any processing purchased.
Additional Charge: des X no
If yes, hove much?
Page - of
Vendor Services Agreement Page 29 of 47
City of Fort North
Library Books and Services
R F P #24-0144
Due: March 28th, 2024
Prepared Py
hildren's Plus, Inc.
1387 Dutch American Way
Beecher, I L 60401
Phone 1 (00) 2 0-127
Fax (00) -721
Ernail bids@hellocpi.com
ti
m
n
� I
rd'
Q
r
Vendor Services Agreement Page 30 of 47
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Page: 2
1. Executive Summary................_...._._._......._._._......._._._...._.._._._......_...._._...._._...._...._._..3
2. Company History and Ov.,nership,.,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,........................ ............... 5
3. Company Experience..................._._._......._._._......._._._...._.__._._......_.._._._...._._...._...._....6
Ban Francisco Public Libraries._....................................._._._...._.._._._...._._...._...._._..6
San Sernardino County Libraries_._................................._._._...._..........._............._..6
Los Angeles Public Library,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
7
Mid -Continent Public Libraries.._....................................._._._...._.._._._...._._.__._...._._..
7
SolanoCounty Library.............._............._._......._._._...._.._._._...._._.__._._...._._.._._...._._._.7
4. Questionnaire and Mandatary Requirements...........................................................9
Proposers Qualification Questionnaire „,,,,,,,,,,,,,,,,,,,— ....................... --.........
—9
Vendor Personrlel....................._._._............................-.----._......-.----.......................9
Vendor's Access to Inventory and delivery SerAces............................................
9
Ability to Catalog a nd Process Books as Specified ............................................
10
Cataloging Methods for Bibliographic and Moldings Records .............................
10
Cataloging Specifications........._.........................................................................
10
Customer Service and Reporting SeReices .........................................................
11
Invoicing Services....................._._._......._._._......._._._...._.._._._..........._......_......_...._._
15
SampePacking List...........................................................................................
17
Ghllclrcn's Plus, mc, 1 '.357 Gutc-i ,-Nrrrrica- Wav Bocv-or, L ONC-1 I ; '•2r'3 I vwY w.hollaopi.00m
Vendor Services Agreement Page 31 of 47
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Page 3
Children's Plus, Inc. {GPI} is pleased to present this proposal to be a library book
uendor for the City of Fart Worth. This proposal gives us the opportunity to demonstrate
our expertise in providing the necessary print products and services far today's public
libraries and their patrons.
Since 1079, we have built our business an a commitment to notjust selling books, but
oultivating relationships veRh our vendors, publishers and custom vrs, from single -site
small toyom libraries to some of the la rgest library systems and school districts across
the country.
-MmLlgh the experience of servicing thousands of public library customers, we believe
e can be the Pre-K through YA library print solution forth City of Fort Wofth. With our
on -site professional catalogers and processing staff, state-of-the-art bindery, on -staff
certified librariansto assisk with collection development, and some ofthe best shipping
times in the industry. we are con fadent in our ability to service the Gity.
e understand that our -customers are not a "one size fits all". We believe that each
library and its individual branches are as unique as every reader vie serve a nd are
committed to delivering high -quality solutions to meet these individual needs. Asr}re'Va
growdn, we've remained committed to providing the best in customer service, and Vre've
worked to continue to add the value, tools, and rezoLirces needed farsupplying today's
libraries, including:
rully searchable website catalog at www.hellocpi.com_ Designed specifically
for public libraries, our website includes full admin functionality, with multiple
collection, location, fund, list -building. exporting, and related capabilities— viith no
licensing or usage fees, or user limits. Our interface is user-friendly, and tre
provide a Website reference guide and training as needed at no cost to our
customers -
Ea sy accou nt set-up. Our experienced Customer Service team can
accommodate requests for customized reports, involcing. etc_ for differenttypes
of arders. We accept as many ship -to locations as needed. Convenient ordering
is available via EQI, FTP, FAX, US mail. e-mail. and phone.
Customized packing lists. Packing lists are included vAth each shipment and
are fully customizable based on MOPL's specific requirements.
Ghllclrcn'sPlus, Inc. 1'.387 Gut-,-, ,'Nmorica- Wav K4C1 I'dW. 2aC- 2r9 IvwYwhcllccpi.00m
Vendor Services Agreement Page 32 of 47
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Page 4
Accurate invoicing. Wth CPI you are assured of prompt, accurate inVoicing.
GPI sends invoices via email or Eal when orders are shipped. They can also be
seat with the order if required, Inuoices, are fully customtzable based on MCPL's
specific requirements_
Free shipping. We offer free shipping via Fed Ex Ground to all locations.
Overnight shipping can be arranged if needed and mill be charged at Carrier's
ra te.
100% satisfaction guarantee {Weans any product may be returned for any
reason and a full credit will be issued for the item, with no charge for shipping,
handling, or restocking. If a replacement product is required it will be sent at no
charge for shipping or handling.
Forquestions pertaining to this RFP. please contact usat bids@hellocpi.com or (800)
230-1279 at your earliest convenience We appreciate the opportunity to bid on this
project and look forward to your response.
SincErely,
/kz�z_
Michael Beechin
C OE]
Ghllclron's Plus, Inc, I '.387 Gut-,-, ,'Nmorica- Wav Bocv-cr, I_ O04C7 I ; '•279 I vwY w.hollaopi.00m
Vendor Services Agreement Page 33 of 47
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Page 5
CPI was founded in 1979 by the sole avine r, Kevin Walsh, as a library who lesaIar
speciali7-ing in children's and young adult materials For public libraries, Since than, via
have grown to serve thousands of libraries across the nation, irlcluding some of the
lafgest public library systems.
Located just south of Chicago in Beecher, IL, we house our corporate headquarters, our
40,MO square foot ware houseYf fth over 1 million volumes in stock and our 10,000
square fast warehouse dedicated specifica Ily to Summer Reading Projects. The
corporate headquarters is a]so the locaticm ❑f our state-of-the-art bindery, %vhare our
exclusive, high -quality pre bound books are produced. GPI has over 140 employees,
including dedicated acoount managers nation aIly located_ Both warehouses and the
corporate offic* is open 7:30am to 5,00pm CST, Monday through Friday.
to addition to the thousands of titles listed on our website at vnwi.helloaPi_eom, we can
Furnish virtually any title in Print. CPI represents all major U_S. Publishers, asrvell as
hundreds of smaller, independent presses. We have aooess to over 400.DDO children's
and young adulttitles, including eBooks, trade ]itorature, school library publishers:
Spanish, prebound collections and more. Forvrarld languages, v,e have accessto over
35,r} O titles in Spanish and over 50 additional wrorld languages.
Ghllclrcn's Plus, Inc, 1 '.387 Gut-,-, ,-Nunrica- Wav Bocv-cr, I_ ONC-1 I ; '•279 I vwY w.hcllccpi.00m
Vendor Services Agreement Page 34 of 47
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Page B
The faliaiving customers all use Polaris and continually order fully processed and
cataloged print titles,
San Francisco Public Libraries
Shellie Cocking
Chief of Collections and Terhnical Services
(41 5)887-4389
She11ie.mcking@sfpl.org
CPI serves as a primary book supplier for this library system },frith 29 branch
locations serving the 15th largest metro area in the US. We launched full Eal
ordering integration with this customer in 2D14 and provide a range of collection
develo p inent va I ue -a dded services asweli_ We have partnered with them on
several special givenway projects (&xp' Mayor's Program, Say, Francisco Jr.
Giants program) and several grants programs. Most recently a grant that
provided 1U books Far every student in the San rrancisca Unified School District.
San Bernardino County Libraries
Lauren Lane
Librarian 1
(909) 887-2228
Lauren.Iane@Iib.sbcounty.gov
We began business witl-r this 32-branch library system in 2015 by providing a
significant ShelF-ready children's and young adult re -opening co IleGtion for one of
their locations. Their branches serve as a major source for school support for
their K-12 student populations, so our "best source pricing" fro in school library
p ubl ishers a 11 m-yed far their budget to buy a range of SLI p p le m e nta ry nonfiction in
this segment. This inoludes STEM. nonfiction, fiction graphic novels, and rnore.
We support their quarterly book festivals. A significant portion of their book
festival collection included licensed character 8x8 books (e.g. Lego, STAR
Gh llcl rcn's Plus, Inc, 1 '.387 Gukc, ,-Nrncrica- Wav Bocv-or, I-- ONC-1 I 'dW. 2aCL' 279 1 vwY w. hcllaopi.00m
Vendor Services Agreement Page 35 of 47
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Page 7
L+VARS. Manuel] and popular aasy readers produced in our high -qua I ity prebound
editionsthat are guaranteed to last.
Los Angeles Public, Library
Catherine Loyalty
Collection 5ervicea Manager
(213) 2 6-7192
croyalty lapl.org
We began business with this 73-branch 11brary system in 2015. Since then. we
have supplied aver 385,300 children's and young adult titles to this 2"d largest
metro area library system. We are also proud to partner with them on their One
Book, One County project and their Big Read event -
Mid -Continent Public Libraries
Kathy Bigley
Collection Development Librarian
(816) 836-5200
kbigleymymcpl.org
Serving suburban Kansas City with 34 locations, this library system's incredible
sLA.,,,.,er r��%A ng pragram is supported in many ways by CPI_ We offer drop -
shipping to their locations for books they choose to distribute to their patrons,
returnable terms to elirninate any inventory risk when the program ends, and we
create d ra�Ne ui coilection development lists for their reading programs and
themes. In May of 2015 Children's Plus was awardedthe primary vendor oontfact
for juvenile prink materials. We have also implemented E D I and shelf -ready
processing services for MCPL_
Solano County Library
Megan WDng
DeputyPIfe9k9l of Library Services
Ghllclrcn's Plus, mc, 1 '.387 Gut-,-, ,-Nrrrrica- Wav Bccv-or, I'_ ONC-1 I 'M, 23CL?279 1 vwy w.hcllccpi.00m
Vendor Services Agreement Page 36 of 47
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(707) 784-1 502
mh,fDng@soIanDCOLinty.com
Page: 8
As cur newest 3 R P partner; % e reoe my coin pleted 0Lir first sMine r reading
program t-vRh them this last srlrnmer. Their 2023 program included 2,975 prize
titles. We have also continued to be a regular library print von dor far this 11
branch library.
Ghllclron's Plus, Inc, 1 '.387 Gut-,-, ,'Nmcrica- Wav Bocv-cr, I_ O04C7 I ; !279 I vwY w.hullaopi.00m
Vendor Services Agreement Page 37 of 47
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Page 9
Proposer's Qualification Questionnaire
1. Response to Question 2.3: GPI's sole owner. Kevin Walsh, began selling
booksto public, libraries in 1979. It wasn't until 1996 that CPI was
incorporated. In 2003, we built our corporate headquarters in Beecher, IL
where we have been since.
2. Response to Question .4: We began cataloging and processing in-house
in 2012. Before then. vve outsourced.
Vendor Personnel
Response to Uueshon 3.1: VVe have 5 catalogers that are all trained on
each of our longer public iibrary customers. This account will be overseen
by our Cataloging Manager, Molly Rosati. We estimate that 10 processing
clerk's will be assigned to thisaccount based on the Size. hovrever y,e will
adjust should are need more. These clerks will be the sole team dedicated
to processing the Clty's orders.
Vendor's Access to Inventory and IDelivery Services
rRespoiiU,w'w Vau-4 k o,, 4..?' �,r-i pa.Gks UrueiI L Ifafj uuuble-vi61Iviu Gi�Idboard
boxes 44 ith brnv;n paper to prevent damage to the inateriaIs. Saine titles
are packed together in one or more boxes. Titles are packed in shelf -ready
Dewey order unless the library prefers otherwise. Boxes are labeled with
ship -to address, order number, reference number, and box number (i.e.
Sox 1 of 2. etc). Shipped orders include a packing lists shmwiny titles
shipped. any titles backordered, and referenced invoice number. GPI
guarantees that box weight wvi11 not exceed 55 pounds.
G .f_ :.a Shen shipped via reutx (iround with inside delivery at no cost
to the library. Shipments are sent from our 15nkAi)�t. IL,,i+arehouse with a
98% guaranteed rate of accuracy. CFI is a 4-day ship point From Fort
Worth. and orders can have expedited shipping upon request For are extra
cherge. Orders are also available to be drop-qhipped,
2. Response to Question 4.4. A sample packing list can be fGLind on page 17.
Gnllclron'sPlus, Inc, 1' 387 Gut-,, Rmcrira-Wav Bocv-cr, I_CC4C1 I 2aC2791wv+wnouGupi.-�crn
Vendor Services Agreement Page 38 of 47
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Page 110
Ability to Catalog and Pfocess Books as Spectfied
1. Response to Question 5.1: We provide 0 C LC: nrlmbers in all MARC
records.
Cataloging Methods for Bibliographic and Holdings Records
1. Response to question 6.1 : C PI is not proposing any alternative cataloging
method, CPI is fully c:a pable of complying veith either of the two options the
City hasl listed in the RFP.
Cataloging Specifications
1. FUNPL's cataloging specifications have been reviewed by our Cataloging
Managerand CPI will comply with all requirements.. Below are ourtiered
pricing options for cataloging and processing.
CATALOGIHGAND PROCESSING OPT10N5
Unit Price
Tiri I Cataloging aridNOcr3-irk
. MARC record
■ Bamode tabet. seine latet. property label or stamp
Mylar cover
Tier 2 Cataloging and Processing:,
5
■ IncludesTier 1 Catalogingtrd Prcctssing
NARC record with custamti holdings and 0{LC rnmCer
Up to additional program or custom labels
Tier 3 Cataloeinu and Processinv
S3,30
Iflctudes Tier 1 and Tier 2 Catalaging and Prac-erring
WRC record with tocalLed custDmizaton
■ B3 .5D or live lookup
■ Series ar cutst m cuttering
Hew vs. add MARL reco ds
. Up to five additional pro -grant orc+istom labels
Ghllclron's Plus, Inc. 1 '.357 Gut-,-, ,'Nmcrica- Wav Bocv-or, I'_ ONC-1 I TW, 23CL!279 I wrrww.hcllaopi.00m
Vendor Services Agreement Page 39 of 47
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Pmcrar'+ and akkacR RH D tae
Attach W theft LulP
Apply Fo pea Cover to paMrbark
MARC Records Dnly
Print and attach barcade
Pr�nk and atbnh wirm label
Print and attach prope ty label or property stamp
Print and attach other label (custom)
Atka& book poclrt
Attach date due slip
Customer Service and Reporting Services
1. Response to gUla:9u0rl 10.1'. ample 0ruer d( rtKnV,,.'lVC�enrlen:t
A_ Web Order Confirmation
Page 111
50,75
S0,44
52.25
50.75
Sl .20
$0.2D
S4, 20
50.25
�0.20
M, 20
Ghllclron's Plus, Inc, 1 '.357 Dukc-i Arricrica- Wav Bocv-cr, I- ONC-1 I TW, 23CLI279 1 vwy w.hollaupi.som
Vendor Services Agreement Page 40 of 47
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CNLdren'a Rua, Inc, Web Order Confirm alion
Order placed; 212912024 12:16:24 PM Total Number of Boo ks,216
Oustomer Nunn ben 2265 Ssrb•Tatal Books. U.246.30
Web Order ID; 104459 Sub•TotaL Other. $0.00
Purchase Otdcr Number. NIA - 104458 Estirnatcd Shipping. $104.93
Llat Name; Reddlck Annette JlNF 1-31-24 Tax: $0.00
ClacerHeL vle5a�i7tier_R1i�Lls Total Eseimate:$5,351.23
PraccasingOptlon Selected
No Processing Necessary
Special Instructions
none
Order Barcode Flange
NIA
& Le3 Representative
E30-8"8-3848
BKLTu.
ILREDP
Ship To; ILRED
Molly DeSernardr
Reddlck PubLre Llbrnry
Roddiek Public Llbrarp
Molly DeBernaral
1010 Canal. St.
RadMck PubLIc Library
Dttawa, IL 61350
1010 Carnal St.
Rhona:
$15.434,0509
Ottawa, IL 613r4
Fay
1315.434_26Z4
Phone: 915.434_aWQ
f-antract:
Awhann Kuhn
Fax: 815.434_263d
Ernnll-
akotln@;�reddlekllbrary.oag
Email ako# n@ueddlekllhrary.org
Ohildr$n'y plug, Inc, I13VDuiah Amarican 1M1ray1 3�eactior, IL60401
Tel; 1-809-230-1270 1 1-700-049-4100 1 Fax; 1 �GD-I}98-7�73 11-74I}-9�#�-4799
ff i
;
Ghllclron's Plies, Inc, 1 '.387 Gut-,-, ,-Nrrrrica- Wav Bccv-or, L ONC-1 I 'M, 23CL?279 I vwY w.hcllccpi.00m
Vendor Services Agreement Page 41 of 47
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6 Eal Order Confirmatiun
Page 113
Thank you Fcryour orde•: The EDI gurchoac order ecknow[crigomcrd war. auntiorPDOOOOOM12. II you have
any quaRtlnn:5nrheL1eYe you have ranelved this message In wror, plasm replytn thlsernall nreALI nur aff:ce
at0w p4mDer1)Fd—,
ChiLdren's PLua, Inc.
WO-234-127g
. Response to question 14. - Sample an llation Report
Good #1tenwnn.
The ic,"iogtitimhwek&mca,ltfllediromlhlsordw. MselT-tiuLnimhchyi:u&5uldliI*tL-Aw&rA&handM!
I. canoelsxeoba roceedwtthordEras. 5"crde•villararealorg►nmedLately—
2. Rep+a�omer�o-rhoeseprettiYdreplx�l72r�6
i Aim CD53nWwIit¢-rplzonwnsrakhaisl6:k&rm
Inurderluk"tarkrrmowing,- i i rlolrliawchHip whiyilwstiilrle.
RIC KMF3 d5tes are %ttert 1c. [hang= -and aFe for kv1prvial tie only. �Fti=1el tit es wll not he readerBd.
Please respond vrithln I boiims dwp or v2 wiff default to op&n nl Jur Skis order.
r 51y"rlb- +Jo- .11a Qg jity Ams f! MEMB U Pro
ICI":Y] =oa�a€cuNyLxan a.£ili] ;7d4i�S 71=censmn?raspajTGr -' d rr-a =1v4:) I Id?S
1 4 F5795:
Thais %a-.
i ¢btnmor ivrticr I M M 1974
Lhddw's xas Inc., 1307 rat€h AlFier¢aQt W4 Meter, IL rd03
Chllclrcn'sPlus, In. 1'.357Gutc--,'Nmcrica-Wav Bocv-or,I'_ONC-1I;d,23CL?2791xwrw.hellaepi.som
Vendor Services Agreement Page 42 of 47
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Page 114
3. Response to question 1Q.3= Sample Status Deports (3 total)
{,rK.d mgrninp
Thank you rr,r yum -JALM Lreauiry. nhmimdpr wa% rnu+iw l C311 7ld57rW04. Oin ic,1Wr I mnarm ind IimAir,r•,3 aw rrdlrxw•.=
•-Ordor; withr„ lr j3rUcV%;ir% — 7 -A v 41k%
•i]rderstrrthunattached processing-3-4weeks
• Puleyprocmred arkers-4-5weeks
[ell.n.
This order is currently gettrng labels attached and unll likely be shipping ea:tynext week.
Goad morning,
A Dr -Sir sh: pmant for rhl s ruler la on its wiry!
FFd=)rTrF^'.ing
Ghllclrcn's Plus, Inc, 1 '.387 Gut-,., ,'Nmcrica- Wav Bocv-cr, I_ d04C7 I ;d, 23CL1279 I vwy w.hcllccpi.00m
Vendor Services Agreement Page 43 of 47
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Invoicing Services
Page 115
1. Response to Questions 11.1 and 11. : Sample Inwoe (contains both
materials and cataloging and processing).
CHI LDREN'S PLUS ING
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Vendor Services Agreement Page 44 of 47
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Page
2. Response to Question 11.3: Sample Credit Memo
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Vendor Services Agreement Page 45 of 47
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Sampa Packing List
Page 117
CHILaREWS PLUS INC. PACKING LIST
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Vendor Services Agreement Page 46 of 47
EXHIBIT D
PROFILING DOCUMENT
(TO BE INCLUDED LATER; DOCUMENT IS CREATED DURING THE FIRST 8 WEEKS OF
THE CONTRACT)
Vendor Services Agreement Page 47 of 47
10/18/24, 3:12 PM M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FoR_ T�H
REFERENCE **M&C 24- 13P24-0144 LIBRARY
DATE: 5/21/2024 NO.: 0444 LOG NAME: BOOKS AND SERVICES EC
CODE
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements with Multiple Vendors for Library
Books and Services in a Combined Annual Amount Up to $3,200,000.00 and Authorize
Four Annual Renewals for the Same Amount for the Library Department
RECOMMENDATION:
It is recommended that the City Council authorize the execution of non-exclusive agreements with
Baker and Taylor, LLC., Nubro, Inc. dba Brodart Co., Ingram Library Services, LLC., and Children's
Plus, Inc. for library books and services in a combined annual amount up to $3,200,000.00 and
authorize four annual renewal options for the same amount for the Library Department.
DISCUSSION:
The Library Department approached the Purchasing Division to procure non-exclusive agreements for
library books, materials, and related services such as labeling, cataloging, and protective covers for all
Fort Worth Library locations. In order to procure these services, Purchasing issued a Request for
Proposal (RFP) No. 24-0144 describing the specifications for the labeling, cataloging, and
delivery needed by the Library Department.
The bid was advertised in the Fort Worth Star -Telegram on February 28, 2024, March 6, 2024, March
13, 2024, March 20, 2024, and March 27, 2024. The City received five (5) responses.
An evaluation panel consisting of representatives of the Library Department and the Information
Technology Department reviewed and scored the submittals using Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in the table
below.
Proposer Evaluation Factors
a b c d e f g Total Rank
Baker & Taylor, 9.00 9.17 14.17 9.53 5.83 2.40 37.25 87.35 1
LLC
Brodart 8.33 7.70 13.60 9.53 5.60 3.33 34.24 82.34 2
Company
Ingram Library 8.00 10.27 13.60 9.53 5.83 2.80 29.85 79.88 3
Services, LLC
Children's Plus, 7.00 6.23 10.77 6.60 4.67 1.73 40.00 77.00 4
Inc.
Language Link, 1 0 0 0 0 0 0 0
LLC
a) Vendor Qualifications
b) Vendors access to inventory and delivery services
c) Ability to catalog and process books as specified
d) Ordering, standing orders, and related services
apps.cfwnet.org/council_packet/mc_review.asp? I D=32150&cou ncildate=5/21 /2024
M91
10/18/24, 3:12 PM M&C Review
e) Customer Service and reporting services
f) Opening Day Collection (ODC) services
g) Cost of services
* Language Link, LLC did not score at least 50\% or more of the total available points for technical
criteria and, therefore, was deemed nonresponsive and did not receive pricing points.
After evaluation, the panel concluded that a multi -award to Baker and Taylor, LLC., Nubro, Inc. dba
Brodart Company, Ingram Library Services, LLC., and Children's Plus, Inc. presented the best value
for the City. Therefore, the panel recommends that Council authorize non-exclusive agreements
with Baker and Taylor, LLC., Nubro, Inc. dba Brodart Co. Ingram Library Services, LLC., and Children's
Plus, Inc. No guarantee was made that a specific amount of services would be purchased. Staff
certifies that the recommended vendors' bids met specifications.
FUNDING: The maximum amount allowed under these agreements will be a combined amount
of $3,200,000.00; however, the actual amount used will be based on the needs of the department and
available budget. Funding is budgeted in the General Operating and Maintenance category within the
General Fund for the Library Department.
DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the
DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods 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.
AGREEMENT TERMS: Upon City Council approval, these agreements shall begin upon execution
and expire in one year from that date.
RENEWAL TERMS: These agreements may be renewed for up to four (4) additional, one-year terms.
This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure
being made, the Library Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Program Activity Budget Reference #
Year (Chartfield 2)
Reginald Zeno (8517)
Jesica McEachern (5804)
Reginald Zeno (8517)
Midori Clark (7707)
Jo Ann Gunn (8525)
Eugene Chandler (2057)
Amount
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M&C Review
ATTACHMENTS
Copv of FID TABLE book bid.xlsx (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp? I D=32150&cou ncildate=5/21 /2024 3/3