Contract No. 32600250- Brodart.pdf

CONTRACT FOR MATERIALS AND SERVICES 
BETWEEN
THE CITY OF BUCKEYE
AND 
BRODART CO. 
 
LIBRARY MATERIALS AND SERVICES 
CONTRACT NO. 32600250 
 
This Contract is entered into __________________, by and between the City of 
 Brodart Co., a Pennsylvania general 
partnership 
 
 
WHEREAS, the City desires to receive, and Contractor is able to provide services; 
 
NOW THEREFORE, in consideration for the mutual promises contained herein, 
the parties agree as follows: 
 
1. Standard Terms and Conditions: The City of Buckeye Standard Terms and 
Conditions, attached hereto as Exhibit A are hereby incorporated in this Contract by 
reference and shall apply to performance of this Contract, except to the extent 
modified by Exhibit C (Pricing). 
 
2. Insurance: 
Contractor shall meet the City of Buckeye Standard Insurance 
Requirements of the City as set forth in Exhibit B attached hereto and incorporated 
herein by reference. 
 
3. Compensation: Payment to the Contractor for the materials and/or services 
provided not to exceed Two Million Dollars and Zero Cents ($2,000,000.00) 
including other fees and taxes, to be made in accordance with the price list and 
terms set forth in the Pricing attached hereto as Exhibit C and incorporated herein 
by reference. 
 
4. Scope of Work: Contractor shall provide Library Materials and Services as described 
in the Request for Proposals No. 32600199
P
Proposal in response to the RFP 
Proposal
which are incorporated herein by reference.  
 
5. Contract Term: This Contract shall be effective as of the date set forth above for 
approval and remain in effect for one (1) year, unless such term is modified or 
extended pursuant to section 8 Renewal.  
 
6. Partial Award: The City reserves the right to make multiple awards or to award by 
(i) bid schedule, (ii) individual line item, (iii) by group of line items, or (iv) as a total, 
whichever is deemed in the best interest to the City. 
 
7. Quantities; Non-Exclusive: 
Unless the solicitation states otherwise, the 
Contract will be non-exclusive, and the City makes no guarantees as to the amount 
of products or services to be utilized from a Bidder. The City reserves the right to 
Library Materials and Services 
Contract No. 32600250 
Brodart Co. 
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add or remove products or services during the term of the Contract.
8. Renewal: This Contract shall automatically be renewed or extended for up to four 
(4) additional one (1) one-year terms, unless otherwise terminated by either party. 
 
9. Notice: Any formal notice required under this Contract shall be in writing and sent 
by certified mail and email as follows: 
City: 
Finance 
Attn: Procurement 
City of Buckeye 
530 E Monroe Ave 
Buckeye AZ  85326 
Email: contracts@buckeyeaz.gov   
Contractor: 
Attn: Lisa Miosi, Vice President 
Brodart Co. 
500 Arch Street 
Williamsport, PA 17701 
bookbids@brodart.com  
 
With a copy to: 
City Attorney 
City of Buckeye 
530 E Monroe Ave 
Buckeye AZ  85326 
Email: legal@buckeyeaz.gov  
 
 
10. Authority: Each party warrants that it has authority to enter into this Contract 
and perform its obligations hereunder, and that it has taken all actions necessary 
to enter into this Contract. 
11. Contract Controls. In the event of any inconsistency between this Contract and the 
Exhibits hereto, the documents shall govern in the following order: (1) This Contract 
for Materials and Services; (2) Exhibit A (Standard Terms and Conditions); (3) 
Exhibit B (City of Buckeye Standard Insurance Requirements); and (4) Exhibit C 
(Pricing). 
 
12. Time is of Material Importance. Time is of material importance to each and every 
provision of this Contract. 
 
[SIGNATURES ON FOLLOWING PAGE] 
 
Library Materials and Services 
Contract No. 32600250 
Brodart Co. 
2

CITY
THE CITY OF BUCKEYE,  
an Arizona municipal corporation 
Doug Sandstrom, City Manager 
CONTRACTOR
 
BRODART CO., 
a Pennsylvania general partnership 
 
 
 
[signature] 
 
 
[title] 
 
RECOMMENDED: 
Rob Roach, Grant Program and Procurement 
Manager 
 
ATTEST: 
Lucinda Aja, City Clerk 
 
APPROVED AS TO FORM: 
Tosca Henry, City Attorney 
 
 
Library Materials and Services 
Contract No. 32600250 
Brodart Co. 
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EXHIBIT A 
STANDARD TERMS AND CONDITIONS 
IN GENERAL 
1.
NOTICE TO PROCEED: Contractor shall not commence performance until after City 
has issued a Notice to Proceed or similar notice reasonably expected to notify Contractor 
to commence delivery of goods and/or services. 
2.
LICENSES AND PERMITS: Contractor, at its expense, shall maintain current federal, 
state, and local licenses, permits and approvals required for performance of the Contract 
and upon request provide copies to the City. 
3.
COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state 
and local laws, regulations, standards, codes and ordinances in performance of this 
Contract. 
4.
NON-EXCLUSIVE: Unless expressly provided otherwise in the Contract, this Contract 
is non-exclusive and the City reserves the right to contract with others for materials or 
services. 
5.
SAMPLES: Any sample submitted to the City by the Contractor and relied upon by City 
as representative of quality and conformity, shall constitute an express warranty that all 
materials and/or service to be provided to City shall be of the same quality and 
conformity. 
MATERIALS 
6.
PURCHASE ORDERS: The City will issue a purchase order(s) for the materials covered 
 
7.
QUALITY: Contractor warrants that all materials supplied under this Contract will be new 
and free from defects in material or workmanship. The materials will conform to any 
statements made on the containers or labels or advertisements for the materials, and will 
be safe and appropriate for use as normally used. 
or use of materials shall not serve to waive these quality requirements. This warranty 
shall survive termination or expiration of the Contract. 
8.
ACCEPTANCE: All materials and services provided by Contract are subject to final 
inspection and acceptance by the City. Materials and services failing to conform to the 
Contract specifications may be rejected in whole or part. If rejected, Contractor is 
responsible for all associated costs arising from rejection. 
9.
 WARRANTIES: Contractor shall deliver all 
 
Warranties to 
 
 
10. PACKING AND SHIPPING: Contractor shall be responsible for industry standard 
 Containers shall be clearly 
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marked as to lot number, destination, address and purchase order number. All shipments
shall be F.O.B. Destination, City of Buckeye, 530 E. Monroe Avenue, Buckeye, Arizona 
85326, unless otherwise specified by the City
-on-
(C.O.D.) shipments will not be accepted. 
 
11. TITLE AND RISK OF LOSS: The title and risk of loss of material shall not pass to the 
City until the City actually receives the material at the point of delivery, and the City has 
completed inspection and has accepted the material, unless the City has expressly 
provided otherwise in the Contract. 
12. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully 
comply with all provisions of the Contract. If a tender is made which does not fully 
conform, this shall constitute a breach and Contractor shall not have the right to substitute 
a conforming tender without prior written approval from the City, which such approval will 
not be unreasonably withheld by the City. 
13. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor 
is not authorized to substitute nonconforming materials, or services. Delivery of 
nonconforming materials, and/or services, or a default of any nature shall constitute a 
breach of the contract. At the option of the City, Contractor shall deliver conforming 
materials, or services, in each installment or lot of the contract. 
14. SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship 
materials under reservation and no tender of a bill of lading shall operate as a tender of 
the materials. 
15. LIENS: All materials and other deliverables supplied to the City shall be free of all liens 
other than the security interest held by Contractor until payment in full is made by the 
City. Upon request of the City, Contractor shall provide a formal written release of all 
liens. 
16. CHANGES IN ORDERS: The City reserves the right at any time to make changes in any 
one or more of the following: (a) methods of shipment or packing; (b) place of delivery; 
and (c) quantities. If any change causes an increase or decrease in the cost of or the 
time required for performance, an equitable adjustment may be made in the price or 
delivery schedule, or both. Any claim for adjustment shall be evidenced in writing and 
approved by the City Procurement Officer or designee prior to the institution of the 
change. 
PAYMENT 
17. INVOICES: A separate invoice shall be issued for each shipment and each job completed. 
Invoices shall include City the Contract Number and/or Purchase Order number, and 
dates when goods were shipped or work performed. Invoices shall be sent within thirty 
(30) days following performance. Payment will only be made for satisfactory materials 
and/or services received and accepted by City. 
18. LATE INVOICES: The City may deduct up to 10% of the payment price for late invoices. 
The City operates on a fiscal year budget, from July 1 through the following June 30. 
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Except in unusual circumstances, which are not due to the fault of Contractor, City will not
honor any invoices or claims submitted after August 15 for materials or services supplied 
in the prior fiscal year.
19. TAXES: Contractor shall be responsible for payment of all taxes including federal, state, 
and local taxes related 
 of this Contract. 
Such taxes include but are not limited to federal and state income tax, social security tax, 
unemployment insurance taxes, transaction privilege taxes (TPT), use taxes, and any 
other taxes or business license fees as required. 
Exception: The City will pay any taxes which are specifically identified as a line item dollar 
amount in the 
 bid, proposal, or quote, and which were considered and 
approved by the City as part of the Contract award process. In this event, taxes shall be 
 
20. FEDERAL EXCISE TAXES: The City is exempt from paying certain Federal Excise 
Taxes and will furnish an exemption certificate upon request. 
21. FUEL CHARGES: Contractor at its own expense is liable for all fuel costs related to 
performance. No fuel surcharges will be accepted or paid unless the parties expressly 
agree to surcharges in writing. 
22. DISCOUNTS: If the Contract provides for payment discounts, payment discounts will be 
computed from the later date of the following: (a) when correct invoice is received by the 
City; and (b) when acceptable materials and/or materials were received by City. 
23. AMOUNTS DUE TO THE CITY: Contractor must be current and remain current in all 
obligations due to the City during performance. Payments to Contractor may be offset by 
any delinquent amounts due to City or fees and charges owed to City under this Contract. 
24. OFAC: No City payments may be made to any person in violation of Office of Foreign 
Assets Control regulations, 31 C.F.R. Part 501. 
SERVICES 
25. INDEPENDENT CONTRACTOR: Contractor shall be an independent contractor for 
purposes of all laws, including but not limited to the Fair Labor Standards Act, Federal 
Insurance Contribution Act, Social Security Act, Federal Unemployment Tax Act, Internal 
Revenue Code, Immigration and Naturalization Act; Arizona revenue and taxation, 
 
26. CONTROL: Contractor shall be responsible for the control of the scope of work. 
27. WORK SITE: Contractor shall inspect the work site and notify the City in writing of any 
deficiencies or needs prior to commencing work. 
28. SAFEGUARDING PROPERTY: Contractor shall be responsible for any damage to real 
property of the City or adjacent property in performance of the work and safeguard the 
worksite. 
29.
QUALITY: All work shall be of good quality and free of defects, performed in a diligent 
and professional manner. 
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30.
ACCEPTANCE: If work is rejected by the City due to noncompliance with the Contract, 
The City, after notifying Contractor in writing, may require Contractor to correct the 
for work properly performed. 
31. WARRANTY: Contractor warrants all work for a period of one (1) year following final 
acceptance by the City. Upon receipt of written notice from the City, Contractor, at its 
own expense, shall promptly correct work rejected as defective or as failing to conform 
to the Contract, whether observed before or after acceptance, and whether or not 
fabricated, installed or completed by Contractor, and shall bear all costs of correction. If 
Contractor does not correct deficiencies within a reasonable time specified in the written 
notice from the City, the City may perform the work and Contractor shall be liable for the 
costs. This one-year warranty is in addition to, 
obligations herein. This warranty shall survive termination or expiration of the Contract. 
INSPECTION, RECORDS, ADMINISTRATION 
32. RECORDS: The City shall have the right to inspect and audit all Contractor books and 
records related to the Contract for up to five (5) years after completion of the Contract. 
33. RIGHT TO INSPECT BUSINESS: The City shall have the right to inspect the place of 
business of the Contractor or its subcontractor during regular business hours at 
reasonable times, to the extent necessary to confirm Contract performance. 
34. PUBLIC RECORDS: This Contract and any related materials are a matter of public 
record and subject to disclosure pursuant to Arizona Public Records Law, A.R.S. § 39-121 
et seq. If 
City will endeavor to notify Contractor prior to release of such information. 
35. [Reserved]. 
 
INDEMNIFICATION, INSURANCE 
36. GENERAL INDEMNIFICATION:  To the fullest extent permitted by law, the Contractor 
shall indemnify, defend and hold harmless the City and each council member, officer, 
employee, or agent thereof (the City and any such person being herein called an 
liabilities, costs, and expenses (including, but not limited to, reasonable 
 fees, 
court costs and the costs of appellate proceedings) to which any such Indemnified Party 
 insofar as such 
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon 
the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection 
with the work or services of the Contractor, its officers, employees, agents, or any tier of 
subcontractor in the performance of this Contract. The amount and type of insurance 
coverage requirements set forth below will in no way be construed as limiting the scope 
of the indemnity in this Section. 
 
37. INSURANCE: Contractor shall maintain all insurance coverage required by the City, 
 
 
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38.
INTELLECTUAL PROPERTY INDEMNIFICATION: Contractor shall indemnify and hold
harmless the City against any liability, including costs and expenses, for infringement of
any patent, trademark or copyright or other proprietary rights of any third parties arising
out of contract performance or use by the City of materials furnished or work performed 
under this Contract. Contractor shall promptly assume full responsibility for the defense 
of any suit or proceeding which is, has been, or may be brought against the City and its 
agents for alleged infringement, or alleged unfair competition resulting from similarity in 
design, trademark or appearance of goods, and indemnify the City against any and all 
expenses, losses, royalties, profits and damages, attorneys fees and costs resulting from 
such proceedings or settlement thereof. This indemnification shall survive termination or 
expiration of the Contract. 
 
CONTRACT CHANGES 
39. PRICE INCREASES: Except as expressly provided for in the Contract, no price 
increases will be approved. 
40. COMPLETE AGREEMENT: The Contract is intended to be the complete and final 
agreement of the parties. 
41. AMENDMENTS: This Contract may be amended by written agreement of the parties. 
42. SEVERABILITY: If any term or provision of this Contract is found by a court of competent 
jurisdiction to be illegal or unenforceable, then such term or provision is deemed deleted, 
and the remainder of this Contract shall remain in full force and effect. 
43. NO WAIVER: Each party has the right to insist upon strict performance of the Contract, 
and the prior failure of a party to insist upon strict performance, or a delay in any exercise 
of any right or remedy, or acceptance of materials or services, shall not be deemed a 
waiver of any right to insist upon strict performance. 
44. ASSIGNMENT: This Contract may be assigned by Contractor with prior written consent 
of the City, which will not be unreasonably withheld. Any assignment without such 
consent shall be null and void. Unless expressly provided for in a separately executed 
Consent to Assignment, no assignment shall relieve Contractor (Assignor) from any of 
its obligations and liabilities under the Contract with respect to City. The Chief Financial 
Officer shall have authority to consent to an assignment on behalf of City. 
45.
BINDING EFFECT: This Contract shall be binding upon and inure to the benefit of the 
parties and their successors and assigns. 
EMPLOYEES AND SUBCONTRACTORS 
46. SUBCONTRACTING: Contractor may subcontract work in whole or in part with the 
 
advance written consent. City reserves the right to withhold consent if subcontractor is 
deemed irresponsible and/or subcontracting may negatively affect performance. All 
subcontracts shall comply with the underlying Contract. Contractor is responsible for 
Contract performance whether or not subcontractors are used. 
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47.
NONDISCRIMINATION: Contractor warrants that it complies with all applicable federal, 
state and local laws and executive orders regarding employment. Contractor will not
discriminate against any employee or applicant for employment or person who provides 
services because of race, color, national origin, religion, gender, age, disability, marital 
or familial status, veteran status or political affiliation. See City of Buckeye city code § 3-
3-2, as may be amended from time to time. 
48. DRUG FREE WORKPLACE: The City has adopted a Drug Free Workplace policy for 
itself and those doing business with the City to ensure the safety and health of all persons 
working on City contracts and projects. Contractor personnel shall abstain from use or 
possession of illegal drugs while engaged in performance of this Contract. 
49. IMMIGRATION LAWS: Pursuant to A.R.S. § 41-4401, Contractor hereby warrants to the 
City that the Contractor and each of its subcontractors will comply with, and are 
contractually obligated to comply with, all State and Federal Immigration laws and 
regulations that relate to its employees and 
A.R.S. § 23-
Contractor Immigration Warranty shall constitute a material breach of this Contract and 
shall subject the Contractor to penalties up to and including termination of this Contract 
at the sole discretion of the City. The City retains the legal right to inspect the papers of 
any Contractor or subcontractor employee who works on this Contract to ensure 
compliance with the Contractor Immigration Warranty. Contractor agrees to assist the 
City in regard to any such inspections. The City may, at its sole discretion, conduct 
random verification of the employment records of the Contractor and any subcontractors 
 to 
assist the City in regard to any random verification performed. Neither Contractor nor any 
subcontractor shall be deemed to have materially breached the Contractor Immigration 
Warranty if Contractor or subcontractor establishes that it has complied with the 
employment verification provisions prescribed by sections 274A and 274B of the Federal 
Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 
23-214(A). 
DEFAULT AND TERMINATION 
50. TERMINATION FOR DEFAULT: Prior to terminating this Contract for a material breach, 
the non- defaulting party shall give the defaulting party written notice and reasonable 
opportunity to cure the default, not to exceed thirty (30) days, unless a longer period of 
time is granted in writing by the party asserting default. In the event the breach is not 
timely cured, or in the event of a series of repeated breaches the non-defaulting party 
may elect to terminate Contract by written notice, which shall be effective upon receipt. In 
the event of default, the parties may execute all remedies available at law in addition 
Contract remedies provided for herein. 
51. CITY REMEDIES: 
and/or services from a substitute contractor, and Contractor shall be liable to the City to 
pay for the costs of such substitute service. City may deduct or offset the cost of substitute 
service from any balance due to Contractor, and/or seek recovery of the costs of 
substitute service against any performance security, and/or collect any liquidated 
damages provided for in the Contract. Remedies herein are not exclusive. 
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52.
CONTRACTOR REMEDIES:
remedies available at law, except as provided for herein.
53. SPECIAL DAMAGES: In the event of default, neither party shall be liable for incidental, 
special, or consequential damages. 
54. TERMINATION FOR NONAPPROPRIATION OF FUNDS: The City may terminate all or 
a portion of this Contract due to budget constraints and non-appropriation of funds for 
the following fiscal year, without penalty or liability to Contractor. 
55.
TERMINATION FOR CONVENIENCE: Unless expressly provided for otherwise in the 
Contract, this Contract may be terminated in whole or part by the City for convenience 
upon thirty (30) days written notice, without further penalty or liability to Contractor. If this 
Contract is terminated, City shall be liable only for payment for satisfactory materials 
and/or services received and accepted by City before the effective date of termination. 
56. TERMINATION DUE TO INSOLVENCY: If Contractor becomes a debtor in a bankruptcy 
proceeding, or a reorganization, dissolution or liquidation proceeding, or if a trustee or 
receiver is appointed over all or a substantial portion of the property of Contractor under 
federal bankruptcy law or any state insolvency law, Contractor shall immediately provide 
the City with a written notice thereof. The City may terminate this Contract, and 
Contractor is deemed in default, at any time if the Contractor becomes insolvent, or is a 
party to any voluntary bankruptcy or receivership proceeding, makes an assignment for 
the Contract. 
57.
PAYMENT UPON TERMINATION: Upon termination of this Contract, City will pay 
Contractor for satisfactory performance up until the effective date of termination. City 
invoice. 
58. CANCELLATION FOR GRATUITIES: The City may cancel this Contract at any time, 
without penalty or further liability to Contractor, if City determines that Contractor has 
given or offered to give any economic opportunity, future employment, gift, loan, gratuity, 
special discount, trip, favor, or service to a public servant 
 in connection with 
award or performance of the Contract. 
59. CANCELLATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511): The City may 
cancel this 
Contract within three (3) years after its execution, without penalty or further liability to 
Contractor. 
MISCELLANEOUS 
60. ADVERTISING: Contractor shall not advertise or publish information concerning its 
Contract with City, without the prior written consent of the City. 
61. NOTICES: Except for Notices to Proceed, which may be issued by electronic means, all 
notices given pursuant to this Contract shall be delivered at the addresses as specified 
Library Materials and Services 
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in the Contract, or updated by Notice to the other party. Notices may be: (a) personally
delivered, with receipt effective upon personal delivery; (b) sent via certified mail, postage 
prepaid, with receipt deemed effective four (4) days after being sent; (c) or sent by 
overnight courier, with receipt deemed effective three 
(3) days after being sent. Notice may be sent by email as a secondary form of notice. 
62. THIRD PARTY BENEFICIARIES: This Contract is intended for the exclusive benefit of 
the parties. Nothing herein is intended to create any rights or responsibilities to third 
parties. 
 
63. CLICKWRAP TERMS EXCLUDED. 
agreement, such terms of sale or service shall not be binding upon the City.  No oral 
 or other understanding shall in any 
way modify a City-issued or approved contract or these Standard Terms and Conditions.  
64. GOVERNING LAW: This Contract shall be construed in accordance with the laws of 
Arizona. 
65. FORUM: In the event of litigation relating to this Contract, any action at law or in equity 
shall be filed in Maricopa County, Arizona. 
66. 
 If any action at law or in equity is necessary to enforce the terms 
 
fees, taxable costs, expert witness fees and expenses. 
 
67. FORCE MAJUERE: There may be events that occur during the term of this Contract that 
are beyond the control of both the City and the Contractor, including events of war, floods, 
labor, disputes, earthquakes, epidemics, pandemics, adverse weather conditions not 
reasonably anticipated, forest fires, and other acts of God. These events may result in a 
temporary delay of contractual deliverables, or the permanent inability to provide the 
contractual deliverables that are the subject of this Contract. 
There will be no claims arising from a temporary delay of contractual deliverables, or the 
permanent inability to provide the contractual deliverables caused by the events 
described above, and the City will pay no additional costs incurred as a result of such 
events. 
The parties agree to act in good faith to extend the Contract completion date without any 
penalty to the Contractor and that the extension will be in an amount of time equal to any 
temporary delay. This term supersedes all other terms regarding temporary delay, 
permanent shut down, or increased costs. 
 
68. NO BOYCOTT OF ISRAEL: To the extent applicable under A.R.S. § 35-393 through § 35-
393.03, the Vendor hereby certifies that it is not currently engaged in, and agrees for the 
duration of this Contract 
that term is defined in A.R.S. § 35-393(1). 
 
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69.
FORCED LABOR OF ETHNIC UYGHURS: To the extent applicable under Ariz. Rev. Stat. 
§ 35-394, the Vendor warrants and certifies that it does not currently, and agrees for the 
duration of this Contract that it will not use the forced labor, any goods or services 
produced by the forced labor, or any Contractors, subcontractors, or suppliers that use 
the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs 
epublic of China. If the Vendor becomes aware that it is not in compliance 
with this paragraph, the Vendor shall notify the City of the noncompliance within five 
business days of becoming aware of it.  If the Vendor fails to provide a written certification 
that the Vendor has remedied the noncompliance within 180 days after that, this Contract 
shall terminate unless the termination date of this Contract occurs before the end of the 
remedy, in which case this Contract terminates on the Contract termination date. 
70. COOPERATIVE PURCHASING: Specific eligible political subdivisions and nonprofit 
utilize procurement agreements developed by the City, at their discretion and with the 
agreement of the awarded Contractor.  Contractor may, at its sole discretion, accept 
orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services 
at the prices and under the terms and conditions of this Contract, in such quantities and 
configurations as may be agreed upon between the parties.  All Cooperative procurements 
under this Contract shall be transacted solely between the requesting Eligible 
Procurement Unit and the Contractor. The exercise of any rights, responsibilities or 
remedies by Eligible Procurement Unit shall be the exclusive obligation of such unit. The 
City assumes no responsibility for payment, performance or any liability or obligation 
associated with any cooperative procurement under this Contract. The City shall not be 
responsible for any disputes arising out of transactions made by others. 
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EXHIBIT B 
CITY OF BUCKEYE STANDARD INSURANCE REQUIREMENTS 
1. In General. Contractor shall maintain insurance against claims for injury to persons or damage to 
property, arising from performance of or in connection with this Contract by the Contractor, its 
agents, representatives, employees or contractors. 
2. Requirement to Procure and Maintain. Each insurance policy required by this Contract shall be in 
effect at, or before, commencement of work under this Contract and shall remain in effect until all 
 The 
timely evidence of renewal will be considered a material breach of this Contract. 
3. Minimum Scope and Limits of Insurance. The following insurance requirements are minimum 
requirements for this Contract and in no way limit the indemnity covenants contained in this 
Contract. The City does not represent or warrant that the minimum limits set forth in this Contract 
are sufficient to protect the Contractor from liabilities that might arise out of this Contract, and 
Contractor is free to purchase such additional insurance as Contractor may determine is necessary. 
Contractor shall provide coverage at least as broad and with limits not less than those stated 
below. 
a.  Commercial General Liability - Occurrence Form 
General Aggregate 
$2,000,000 
Products/Completed 
$1,000,000 
Operations Each Occurrence 
$1,000,000 
b. Umbrella Coverage 
$2,000,000 
c. Automobile Liability  
Any Automobile Owned, Hired 
and Non-owned Vehicles 
Combined Single Limit Per Accident 
for Bodily Injury & Property Damage $1,000,000 
d. 
 Compensation and 
 Liability 
Compensation
Statutory
Liability: Each Accident
$500,000
Disease - Each Employee
$500,000
Disease - Policy Limit
$500,000
4. Self-Insured Retention. Any self-insured retentions must be declared to and approved by the City. 
If not approved, the City may require that the insurer reduce or eliminate such self-insured 
retentions with respect to the City, its officers, agents, employees, and volunteers. Contractor shall 
be solely responsible for any self-insured retention amounts. City at its option may require 
Contractor to secure payment of such self-insured retention by a surety bond or irrevocable and 
unconditional letter of credit. 
 
 
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5. Other Insurance Requirements. The policies shall contain, or be endorsed to contain, the 
following provisions: 
a. Additional Insured. 
Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law 
for claims arising out of the performance of this Contract, the City, its agents, representatives, 
officers, directors, officials and employees as Additional Named Insured as specified under the 
respective coverage sections of this Contract. 
b. Broad Form. The 
 insurance shall contain broad form contractual liability coverage. 
c. Primary Insurance
respect to the City, its officers, officials, agents, employees and volunteers. Any insurance or 
self-insurance maintained by the City, its officers, officials, agents and employees, shall be in 
 
d. Each Insured. The 
 insurance shall apply separately to each insured against whom 
 
e. Not Limited. Coverage provided by the Contractor shall not be limited to the liability assumed 
under the indemnification provisions of this Contract. 
f. 
Waiver of Subrogation. The policies shall contain a waiver of subrogation against the City, its 
officers, officials, agents and employees for losses arising from work performed by Contractor 
for the City. 
6. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Contract 
shall provide the required coverage and shall not be suspended, voided, cancelled, reduced in 
coverage or in limits unless prior written notice has been given to the City. Notices required by 
this section shall reference the Contract Number and be sent to: 
City of Buckeye 
Finance Department 
530 E Monroe Ave 
Buckeye AZ  85326 
Attn: Procurement 
contracts@buckeyeaz.gov  
7. Acceptability of Insurers. Without limiting any obligations or liabilities of Contractor, Contractor 
shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with 
insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. 
STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms 
satisfactory to the City. Failure to maintain insurance as specified herein may result in termination 
 
8. Certificates of Insurance. The Contractor shall furnish the City with certificates of insurance 
(ACORD form) as required by this Contract. The certificates for each insurance policy shall be 
signed by a person authorized by that insurer to bind coverage on its behalf. Any policy 
endorsements that restrict or limit coverage shall be clearly noted on the certificate of insurance. 
The City Project/Contract Number and description of project shall be noted on the certificates 
of insurance. The City must receive and approve all certificates of insurance and endorsements 
before the Contractor commences work. 
 
Library Materials and Services 
Contract No. 32600250 
Brodart Co. 
14

9. Policies. The City reserves the right to require, and receive within ten (10) days, complete, 
certified copies of all insurance policies and endorsements required by this Contract at any time. 
The City shall not be obligated, however, to review any insurance policies or to advise Contractor 
of any deficiencies in such policies and endorsements. The 
 receipt of 
 policies 
 
10. Modifications. Any modification or variation from the insurance requirements in this Contract must 
have the prior approval of the City 
 Office in consultation with the 
 Risk Manager, 
whose decision shall be final. Such action will not require a formal Contract amendment but may 
be made by their handwritten revision and notation to the foregoing insurance requirements. 
11. No Representation of Coverage Adequacy. By requiring insurance herein, or by approving or 
expressing satisfaction with insurance policies and forms pursuant to the provisions of this 
Contract, the City does not represent that coverage and limits will be adequate to protect the 
Contractor. The City reserves the right to review any and all of the insurance policies and/or 
endorsements cited in this Contract but has no obligation to do so. Failure to demand such 
evidence of full compliance with the insurance requirements set forth in this Contract or failure to 
identify any insurance deficiency shall not relieve the Contractor from, nor be construed or 
deemed a waiver of, its obligation to maintain the required insurance at all times during the 
performance of this Contract. 
 
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Library Materials and Services 
Contract No. 32600250 
Brodart Co. 
15

EXHIBIT C 
 
PRICING 
See following page. 
 
Library Materials and Services 
Contract No. 32600250 
Brodart Co. 
16

Item No.
Material Type
Price
Discount
Notes
1
General Hardcover Books
43.00%
2
Trade Paperbacks
38.00%
3
Mass Market Paperbacks
38.00%
4
Large Print Books
Discounted by bind - 43%, 38%, 19%, 10%
5
Audio Books
No Bid
6
Young Adult, Hardcover Books
43.00%
7
Young Adult, Paperback
38.00%
8
Children, Hardcover Books
43.00%
9
Children, Paperback
38.00%
10
Graphic Novels
Discounted by bind - 43%, 38%, 19%, 10%
11
Spanish Language, Hardcover
43.00%
12
Spanish Language, Paperback
38.00%
13
Children's Hardcover Reinforced
19.00%
14
Children's Library Reinforced
19.00%
15
Spanish Children's Hardcover Reinforced
19.00%
16
Spanish Children's Library Reinforced
19.00%
17
Prebind/BTSB
10.00%
18
Nontrade
10.00%
Non-Trade: Subject matter such as technical, reference, 
scientific, medical publications, retrospective titles, titles 
published by a small press for adult and juvenile readers, 
and/or titles on which Brodart receives minimal or no 
discount.  Publishers whose titles have limited sales 
volume and/or limited demand may be in this category 
and will be invoiced with the nontrade discount of 10.0% 
$3.95.
22
*Other
Services Type
Price
Discount
Notes
23
Barcode Attachment
$0.41
A la carte processing - Brodart supplied barcode
24
Jacketing
$1.25
A la carte processing
25
RFID Tags
$1.02
A la carte processing - Brodart supplied and encoded 3M 
RFID
26
Programming/Activating
n/a
27
Shelf Ready Processing/Cataloging
$4.92
Includes a full-level Flex record customized to your 
specifications with associated holdings tag and Brodart-
supplied components for:   One linked barcode, taped Mylar 
jacket or label protectors for books with no dust jacket, spine 
label, genre labels per Exhibit 2 of the RFP, Date label (MM-
YY), and 3M RFID tag encoded with barcode number.
28
Collection Development
No Charge
Silver TIPS
29
Collection Management
See Notes
Pricing for Bibz Analytics and LibraryIQ is dependent on the 
request.
30
Training
No Charge
31
Collection Development
See Notes
Diamond TIPS -Up to 3 profiles for $100 monthly
                                Up to 8 profiles for $200 monthly
                                Up to 15 profiles for $300 monthly
34
Price Adjustment
See Notes
Pricing will be reviewed on an annual basis for a potential 
increase not to exceed 5%
35
*Other
36
McNaughton Book Leasing Service with Flex 
cataloging
See Notes
900 Allowances per year
$30 cutoff
$19,620.00
40
*Other
*Please specify category in Notes section
Pricing Sheet is not inclusive of all materials and services, related materials and services not identified upon award of contract can be 
incorporated via an Amendment to the Contract
Library Materials and Services 
Contract No. 32600250 
Brodart Co. 
17