260059-CONTRACT-MIDWEST TAPE LLC.PDF
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CONTRACT FOR LIBRARY MATERIALS AND RELATED SERVICES 260059-RFP This contract is entered into this 22nd day of April, 2026 by and between Maricopa County (County), a political subdivision of the State of Arizona, and Midwest Tape, LLC an Ohio limited liability company (Contractor) for the purchase of library materials and related services as a primary vendor per Exhibit B. 1.0 CONTRACT TERM This contract is for a term of five years, beginning on the 1st day of May, 2026 and ending the 30th day of April, 2031. 2.0 The County may, at its option and with the concurrence of the Contractor, renew the term of this contract up to a maximum of five additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 3.0 CONTRACT COMPLETION In preparation for contract completion, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the Contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.0 PAYMENTS 4.1 As consideration for performance of the duties described herein, County shall pay Contractor according to the terms in Exhibit A – Vendor Information. 4.2 Payment shall be made upon the County’s receipt of a properly completed invoice. 4.3 INVOICES 4.3.1 The Contractor shall only submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • County purchase order number • Invoice number and date • Payment terms • Quantity • Description of purchase (product or services) SERIAL 260059-RFP • Pricing per unit of purchase • Extended price • Total amount due 4.3.2 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 4.3.3 Payment may only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (https://www.maricopa.gov/5169/Vendor-Information). 4.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 4.3.5 EFT payments to the routing and account numbers designated by the Contractor shall include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 4.3.6 Preferred method of payment is using the Procurement Card (Visa) without penalty or added fees. 4.4 APPLICABLE TAXES 4.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 4.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the Contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 4.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security, and workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to municipality or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 5.0 DELIVERY 5.1 Delivery is desired as soon as possible including prior to publication date (print) and prior to the release date (media), The delivery details shall be stipulated on the purchase order. SERIAL 260059-RFP Contractor shall notify the county representative listed on the order if the requested delivery date and/or the anticipated lead time cannot be met. Failure to communicate to County changes in the order status may result in default proceedings. 5.2 Delivery is REQUIRED 5.2.1 For Best Sellers/Blockbusters: No later than date of publication when material is ordered sufficiently as determined by the vendor prior to publication or release date. 5.2.2 For materials “in-stock” status with vendor at time of placement: Two Weeks after date of order. 5.3 For materials “backordered”: within five months of order date. After material has been on order for five months, vendor will cancel and notify MCLD. Vendor is required to notify the MCLD of each and every title cancelled on vendor’s end within two weeks of cancellation. 5.4 Supplies or equipment shall be delivered to each of the Library District branches between the hours of 8:00 a.m. and 5:00 p.m. MST, Monday through Friday, except on County recognized holidays. 5.5 Invoices are to be sent to electronically as noted in Paragraph 4.3.3. 5.6 Delivery shall be F.O.B. Destination Freight Prepaid. 5.7 Expedited Delivery 5.7.1 If the department determines that expedited delivery or other alternate shipping is required, it shall notify the contractor. The contractor shall determine any additional costs associated with such delivery terms and communicate that cost to the department. 5.7.2 The department shall not advise the contractor to proceed with an expedited shipment until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the additional costs, the department shall advise the contractor to proceed. 5.7.3 Upon receipt of material(s) and invoicing, the department shall ensure that any additional charges are in compliance with and do not exceed agreed to costs. The department shall retain all documents related to these costs. 5.8 Shipping Documents A packing list or other suitable shipping document shall accompany each shipment and shall include the following: 5.8.1 Contract serial number 5.8.2 Contractor’s name and address 5.8.3 Department name and address 5.8.4 Department purchase order number 5.8.5 A description of product(s) shipped, including item number(s), quantity(ies), number of containers, and package number(s), as applicable. SERIAL 260059-RFP 6.0 AVAILABILITY OF FUNDS 6.1 The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County shall keep the Contractor fully informed as to the availability of funds. 6.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 7.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the Contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. 9.0 VOLUNTARY EMPLOYEE DISCOUNTS 9.1 Contractors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a Contractor offers or does not offer an employee discount is not a factor considered in the evaluation of responses to this solicitation. 9.2 Any discount offered is part of a commercial transaction between the Contractor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the Contractor and an individual County employee is a matter between the Contractor and the employee. If a discount is offered, the terms will be announced to County employees. 10.0 DUTIES 10.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. 10.2 During the contract term, County may provide Contractor’s personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations. SERIAL 260059-RFP 11.0 TERMS AND CONDITIONS 11.1 INDEMNIFICATION To the fullest extent permitted by law, and to the extent that claims, damages, losses, or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable relating to the performance of this contract. 11.1.1 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 11.1.2 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. 11.1.3 The scope of this indemnification does not extend to the sole negligence of County. 11.2 INSURANCE 11.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 11.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 11.2.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 11.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 11.2.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. SERIAL 260059-RFP 11.2.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 11.2.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 11.2.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 11.2.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 11.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $1,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 11.2.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this contract. 11.2.9.3 Workers’ Compensation 11.2.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. SERIAL 260059-RFP 11.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the workers’ compensation and Employer’s Liability or Commercial Umbrella Liability insurance obtained by Contractor, its subcontractors, and its sub-subcontractors pursuant to this contract. 11.3 CERTIFICATES OF INSURANCE 11.3.1 Prior to contract award, Contractor shall furnish the County with valid and complete Certificates of Insurance, or formal endorsements as required by the contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. 11.3.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. 11.3.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 11.3.4 Certificates of Insurance shall identify Maricopa County as the certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003 11.3.5 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 301 W. Jefferson, Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 11.4 FORCE MAJEURE 11.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government SERIAL 260059-RFP sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 11.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 11.4.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 11.5 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 11.6 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract. 11.7 INTERNET ORDERING CAPABILITY It is the intent of Maricopa County to use the Internet to communicate and to place orders under this contract. 11.8 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization, and documentation have been approved. 11.9 PURCHASE ORDERS 11.9.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the purchase order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order. 11.9.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County procurement officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 11.10 SUSPENSION OF WORK The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable SERIAL 260059-RFP after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 11.11 STOP WORK ORDER 11.11.1 The procurement officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 11.11.1.1 cancel the stop work order; or 11.11.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 11.11.1.3 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor 11.12 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 11.13 TERMINATION FOR DEFAULT 11.13.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 11.13.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 11.13.1.2 make progress, so as to endanger performance of this contract; or 11.13.1.3 perform any of the other provisions of this contract. 11.13.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 11.14 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 11.15 CONTRACTOR EMPLOYEE MANAGEMENT 11.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. SERIAL 260059-RFP 11.15.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 11.15.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 11.15.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 11.15.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 11.15.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 11.16 WARRANTY OF SERVICES 11.16.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the contract, including all descriptions, specifications, and attachments made a part of this contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 11.16.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this contract in the manner and to the same extent as services originally furnished hereunder. 11.17 INSPECTION OF SERVICES 11.17.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 11.17.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 11.17.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 11.17.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 11.17.3.2 reduce the contract price to reflect the reduced value of the services performed. 11.17.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: SERIAL 260059-RFP 11.17.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 11.17.4.2 Terminate the contract for default. 11.18 USAGE REPORT The Contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. 11.19 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 11.20 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 11.21 SUBCONTRACTING 11.21.1 The Contractor may not assign to another Contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 11.21.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s rate, as bid in the pricing section, unless the prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark- up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 11.22 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. SERIAL 260059-RFP 11.23 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete materials and services to a contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. 11.24 RIGHTS IN DATA 11.24.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a contract and to the performance thereunder. 11.24.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 11.25 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 11.25.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code, the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions, which could be more than six years, whichever is longest. The County, Federal or State auditors and any other persons duly authorized by the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. 11.25.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 11.26 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 11.27 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 11.28 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of the contract. SERIAL 260059-RFP 11.29 SEVERABILITY The removal, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of this contract. 11.30 RELATIONSHIPS 11.30.1 In the performance of the services described herein, the Contractor shall act solely as an independent Contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co- employee, partnership, principal and agent, or joint venture between the County and the Contractor. 11.30.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless a different time period was previously approved by the County. 11.31 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, contractor shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf) 11.32 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 11.33 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 11.33.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors: 11.33.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States department or agency or any state, or local jurisdiction; 11.33.1.2 have not within a three-year period preceding this contract: 11.33.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; or SERIAL 260059-RFP 11.33.1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 11.33.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; 11.33.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 11.33.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 11.33.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 11.33.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors or sub-subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub-subcontractor, the Contractor shall include the information required by this clause with their bid. 11.34 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 11.34.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E-Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 11.34.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 11.34.1 of this section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. SERIAL 260059-RFP 11.35 CONTRACTOR LICENSE REQUIREMENT 11.35.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both the Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. 11.35.2 Contractor furnishing finished products, materials, or articles of merchandise that will require installation or attachment as part of the contract shall possess any licenses required. Contractor is not relieved of its obligation to obtain and possess the required licenses by subcontracting of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract. 11.36 INFLUENCE 11.36.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. 11.36.2 An attempt to influence includes, but is not limited to: 11.36.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. 11.36.3 If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 11.36.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS. 11.37 CONFIDENTIAL INFORMATION 11.37.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. SERIAL 260059-RFP 11.37.2 The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. The Contractor’s procedures and controls, at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within 15 business days of the written request to do so. 11.37.3 Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 11.38 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 11.39 INTEGRATION This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, agreements, whether oral or written, expressed, or implied. 11.40 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 11.41 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix, Arizona. 11.42 FORCED LABOR 11.42.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions. 11.42.2 Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use: SERIAL 260059-RFP 11.42.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 11.42.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 11.42.2.3 Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 11.42.3 If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180-day period, the agreement terminates on the agreement termination date. 11.43 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 11.44 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this contract and Contractor’s license agreement, if applicable, the terms of this contract shall prevail. 11.45 UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION All contractors must have a UEI number through https://sam.gov/content/entity- registration. Contractor must also maintain current information and active registration with the System for Award Management website www.sam.gov throughout the term of the contract. 11.46 RELIGIOUS ACTIVITIES The contractor agrees that costs, planned or claimed, including costs incurred, shall not include any expense for any religious activity. 11.47 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services contributed by the County or the contractor under the agreement shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 11.48 EQUAL EMPLOYMENT OPPORTUNITY 11.48.1 The contractor shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex, or national origin. Such action shall include but is not limited to the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SERIAL 260059-RFP 11.48.2 Contractor shall comply with the following provisions: 11.48.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 11.48.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 11.48.2.3 The Age Discrimination in Employment Act of 1967, as amended (29U.S.C. §§ 621, et seq.); 11.48.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09, as amended, et seq. which mandates that all persons shall have equal access to employment opportunities. 11.48.2.5 Contractor understands that the United States has the right to seek judicial enforcement of this assurance. 11.49 CERTIFICATION REGARDING LOBBYING 11.49.1 Contractor certifies, to the best of their knowledge and belief, that: 11.49.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency. This applies to a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant. Including the making of any federal, loan the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 11.49.2 If any funds other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 11.49.3 Contractor shall include Lobbying Certification language in the award documents for all subcontractors (including sub-grants, and contract under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 11.49.3.1 The Lobbying Certification is a material representation of fact upon which reliance was placed when this transaction is made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any successful proposer(s) who fail to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 11.50 CLEAN AIR ACT & CLEAN WATER ACT Contractor must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7606), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations. SERIAL 260059-RFP 11.51 ENERGY POLICY AND CONSERVATION ACT Contractor must adhere to the standards and policies relating to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871). 11.52 CONTRACT DISPUTES All Contract disputes will be handled in accordance with the Maricopa County Procurement Code, MCI-906 11.53 INCORPORATION OF DOCUMENTS 11.53.1 The following are to be attached to and made part of this Contract: 11.53.1.1 Exhibit A – Vendor Information 11.53.1.2 Exhibit B – Scope of Work 11.53.1.3 Exhibit C – Library District Cataloging Specifications 11.53.1.4 Exhibit D – Library District Processing Specifications – Print & Media 11.53.1.5 Exhibit E – Addendum Media Processing Guidelines 11.53.1.6 Exhibit F– Library District Class Scheme – Fiction 11.53.1.7 Exhibit G – Library District Class Scheme – Non-Fiction 11.53.1.8 Exhibit H – Library District Class Scheme – Picture Book 11.53.1.9 Exhibit I – Library District Class Scheme – Movie & Tv 11.53.1.10 Exhibit J – Library District Class Scheme - Music 11.53.1.11 Exhibit K – Midwest Tape, LLC proposal dated January 27, 2026 and submitted in response to County RFP (Reference Document) 11.54 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 301 W. Jefferson St. Suite 700 Phoenix, Arizona 85003-1647 For Contractor: Midwest Tape, LLC 1417 Timberwolf Drive Holland, OH 43528 SERIAL 260059-RFP EXHIBIT A VENDOR INFORMATION SERIAL 260059-RFP NIGP CODE: 95610, 95638 COMPANY NAME: Midwest Tape, LLC DOING BUSINESS AS (dba): N/A MAILING ADDRESS: 1417 Timberwolf Drive, Holland, OH 43528 REMIT TO ADDRESS: P.O. Box 715733, Cincinnati, OH 45271-5733 TELEPHONE NUMBER: 1-800-875-2785 FAX NUMBER: N/A WWW ADDRESS: www.midwesttape.com REPRESENTATIVE NAME: Sue Bascuk REPRESENTATIVE TELEPHONE NUMBER: 1-800-875-2785 REPRESENTATIVE EMAIL ADDRESS bidrfpinfo@midwesttapes.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: PAYMENT TERMS: NET 30 DAYS 1. Award criteria for purchase orders after Initial award a. Product Availability (is the product in stock) b. Processing/Cataloging Accuracy i. Correct item to correct branch ii. Processed correctly iii. Catalogued correctly iv. Invoiced correctly v. Delivery c. Price 2. Shelf-ready price – material cost + processing + cataloging The following are the minimum discounts off of MSRP for audiovisual materials from Midwest Tape: DVDs – 25% Blu-Ray DVDs – 25% Music CDs – 25% Audiobooks – Sold at retail price but repackaged into our SoundSafeTM Case at no additional cost. The VIP Labeling services are an additional cost as noted below. Cataloging services: $0.00 Vendor Level Order Records $1.40 Full MARC Records (per title) $0.30 Item Tag linking services (per item) SERIAL 260059-RFP Processing Services: using our VIP Digital Processing Services with the library’s required specifications for audiovisual materials and includes RFID application and activation services. DVDs: Blu-Rays: Music CDs: Single Disc - $5.70 Single Disc - $5.84 Single Disc - $4.84 Double Disc - $6.15 Double Disc - $6.21 Double Disc - $5.19 Multi-Disc - $8.73 Multi-Disc - $8.73 Multi-Disc - $6.82 Audiobooks: $5.49 SERIAL 260059-RFP EXHIBIT B SCOPE OF WORK 1.0 INTENT 1.1 This contract awarded to the Contractor is to establish primary and supplementary vendors of materials and services necessary for the complete operation of the Maricopa County Library District (MCLD). The Scope of Work (SOW) is outlined below for both the primary and supplementary vendors as designated in the first paragraph of the contract and is subject to change based on the sole discretion of the County. 1.2 Electronic databases and periodicals such as magazines and journals, etc., will NOT be purchased or rented under this contract. 1.3 Other governmental entities under agreement with Maricopa County (County) may have access to services provided hereunder (see Sections 7.0 and 8.0). 1.4 The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 2.0 SCOPE OF WORK 2.1 PRIMARY VENDORS The primary vendor shall supply materials, processing and cataloging services to the MCLD libraries as follows. 2.1.1 Supply all physical formats of print and media materials including but not limited to the following. 2.1.1.1 Books for adults, teens and children in all formats 2.1.1.2 Adult and juvenile foreign language materials 2.1.1.3 Digital Versatile Disc (DVDs) 2.1.1.4 Blu-Rays 2.1.1.5 Audio books on Compact Disc (CD) 2.1.1.6 Music CDs 2.1.1.7 Continuations and serial publications (excluding magazines and journals) Midwest Tape offers a variety of services to our libraries including cataloging, processing, collection development, opening day collection services and electronic ordering services. Midwest Tapes is a primary vendor for DVDs, Blu-Ray DVDs, Audio Books on CD and Music CDs. We work with over 900 movie studios, 3,000 music labels and 350 publishers to provide the library with a vast array of audio visual materials. Added-value services of cataloging and processing are available on all of our product lines. SERIAL 260059-RFP 2.1.2 Catalog materials per MCLD specifications detailed in Exhibit C - Library District Cataloging Specifications using the most fiscally responsible method - i.e. – copy cataloging over original cataloging. Midwest Tape has partnered with Online Computer Library Center (OCLC) for several years. Midwest Tape will search for records in WorldCat and if no match is found, create a Level K for OCLC to upgrade. Midwest Tape can provide cataloging for 100% of the titles we offer for sale through this partnership. Our staff will provide one-on-one attention with your library staff to ensure that the level of records are set up and received in the manner that is needed by the library. With over 20 years’ experience in providing assistance in this valuable service area, we believe that we will meet the expectations of your library. Midwest Tape offers a variety of cataloging services ranging from free vendor records to fully customized cataloging. We provide MARC records through a unique relationship with OCLC that has lasted for nearly 20 years and supports the creation of efficient cataloging workflows and sharing of data. Midwest Tape has originated nearly all new DVD records for the past several years and provided these different levels of cataloging services to more than 2,500 individual libraries. We delivered over a million order records and over 374,000 OCLC MARC records in just the past year. Your library will work directly with Midwest Tape for all levels of cataloging services, including the transmission of records, billing of MARC services, set up services, and resolution to any cataloging error. OCLC provides support and enhancement of information. Our content team continually monitors studio and publisher websites for upcoming releases and/or re-releases of popular materials. They also use their industry knowledge to follow trends and monitor award winners, predicted sales trends, overall popularity, and more. Our data entry team (including three MLS librarians with specialization in audiovisual materials) creates what are called Level K records directly in WorldCat (when no current record exists). OCLC then completes the final enhancement of the record, including the assignment of a unique OCLC number to each title. We have developed an exclusive website linking our data entry team directly to the team at OCLC. This specialized website allows title information—including the front, spine, and back scanned artwork images—to quickly and easily be added to the record. The Midwest Tape cataloging staff has reviewed the requirements for cataloging as outlined in Exhibit C. Knowing the Library seeks to have a vendor that can provide fiscally responsible methods of cataloging audiovisual materials we have outline our affordably priced cataloging service on the required Pricing Form. 2.1.3 Physical processing of materials purchased using MCLD specifications detailed in Exhibit D - Library District Processing Specifications – Print & Media for print and media and Exhibit E Addendum Media Processing Guidelines. Midwest Tape can provide the required processing services as outlined in RFP Exhibit 5 Addendum through our VIP digital processing services. Variable Integrated Processing (VIP) was developed by Midwest Tape for the exclusive use of our customers. This innovative program allows us to offer customized and attractive packaging while SERIAL 260059-RFP eliminating the need for hand-applied labels. Samples of VIP digital designs have been included for your review as Exhibits 1 - 9. Midwest Tape provides Variable Integrated Processing (VIP) services for the exclusive use of our customers, including MCLD. This innovative program allows us to offer customized and attractive packaging while eliminating the need for additional labels. Benefits of VIP • Specific customization • Branded and attractive appearance • Money-saving solution for label outsourcing costs (no stickers) • Perfect label placement every time • Theft deterrence • Sturdy components • Versatility for changing needs • High-quality digital images • Faster service Through the VIP digital processing service, many of your library’s required label that were traditionally applied by hand, can be integrated directly into the image of the title. This is both cost and time effective for the library. Midwest Tape can even digitally integrate the library’s barcode. This patented digital process eliminates the need for labels by scanning the original packaging and digitally embedding all of the library’s labels directly onto one sheet of paper which includes the front, spine and back of the title's artwork. Your library is assigned a specific Processing Coordinator, Ashley Mock, who will discuss and support the library’s staff from beginning of set up, through testing of our services and on-going for the life of the business relationship. All of this support is provided free of charge to the library. Because this service is currently in place here at Midwest Tape for your library, Ashley's role will be to review current specs with your team to ensure that all services are current to your library's specifications and continue to support them on a daily basis. We tailor our processing services to best meet the needs of every library. Communication is very important in such a valued service between the library and our Processing Department. Our VIP digital processing service was designed with input from our public library customers based on their individualized processing needs, making it the fastest growing area of our company. Advantages of our VIP digital processing service include greater processing accuracy, faster delivery of processed materials, savings on label costs, and extremely high quality digital images. Please note for every retailed priced audio book you order from Midwest Tape comes packaged in our exclusive SoundSafe™ case. The patented SoundSafe™ case is engineered specifically for libraries. It is extremely rugged, which means secure storage in a drop-box SERIAL 260059-RFP proof case. The patented SoundSafe™ case is engineered with durable polypropylene sleeves will stand up to thousands of uses. The cloth interiors prevent scratching, increasing disk life, and the sleeves have special retention welds that prevent disks from falling out. Audiobooks would also receive our VIP processing services. All audiovisual material sold by Midwest Tape to MCLD will be shelf-ready with cover art included – processed and cataloged to the specifications outlined by your library. All material is guaranteed new. 2.1.4 Apply relevant Shelf Logic Class Scheme as detailed in Exhibit F - Library District Class Scheme –Fiction, Exhibit G - Library District Class Scheme – Non-Fiction, Exhibit H - Library District Class Scheme – Picture Book, Exhibit I - Library District Class Scheme – Movie & TV, and Exhibit J - Library District Class Scheme – Music. Midwest Tape can and will provide the ShelfLogic Class Scheme as detailed in Exhibits F- J. pertaining to audiovisual materials. We are pleased to say that this service is currently in place for your library here at Midwest Tape. 2.1.5 All ordering must be done through an online system, compatible with the library management system software called, “Polaris Integrated Library System (Polaris ILS).” We have partnered with all of the major ILS systems, including Polaris, to streamline workflows for your library. We also support 9XX ordering, EDI ordering capabilities, EDI invoicing, EDI acknowledgements and email text acknowledgements. All of these services are free, along with any technical support or customization that your library requires. Midwest Tape works with all major Integrated Library Systems (ILS) to streamline the creation of order records by adding 9xx tags to Midwest Tape’s free downloadable vendor records. There is no charge for the programming of these tags or the downloading of vendor records. 9xx ordering truly saves your library time. We can populate your vendor records to show such information as specified funds, locations, and collection codes. Your staff won’t have to enter any of this information manually. Using vendor records for the items in your carts eliminates hand-creating orders in your library’s Polaris ILS system. Using information your library provides, we will program the additional order record tags attached to your downloaded vendor records. These order record tags vary by ILS, but the tag itself is usually found in the 900s. This 9xx tag will carry whatever fund (budget), location, collection code, pricing information, and note fields you need. Additionally, the list price of the title can be placed within our vendor records which are located usually with the 020 tag or can be customized within any other tag required by the library. When product ships, the library is sent a MARC file with 949 tags with barcodes to create the item records in Polaris. Along with our Polaris connectivity, Midwest Tape’s website (www.midwesttapes.com), offers sophisticated title searching, advanced collection building tools, flexible cart loading and cart management, and a swift, easy to use ordering process. These systems were built completely in-house and are based entirely on feedback from our libraries 2.1.6 Online, real time order status/tracking is highly desired. The Midwest Tape website is available 24 hours a day/7 days a week and is continually updated throughout each day. The library can view the status of a title at any time through SERIAL 260059-RFP our website. Our website offers sophisticated title searching, advanced collection building tools, flexible cart loading and cart management, and a swift, easy to use ordering process. However, along with these collection tools, our website features several valuable reporting tools. The most useful reports can be found in our quick link “Quick Reports” on the homepage: An easy method of determining what is actively on order for the library is the quick link Open Orders Report. This report can be produced for specific accounts or all library accounts. It can be sorted in various ways as well and have results returned in PDF or Excel file format. Please see next page for Sample Open Order Report. The library can be provided customized reports based on title ordered, invoiced, cancelled and fulfillment rates at any time throughout the course of the fiscal year. Your library- assigned Processing Coordinator can provide that support at any time. An additional valuable report, found on our eCommerce website, is the Cancellation Report. This allows the user to choose the method of sorting and results return that best fits their needs of cancelled titles within a specified period such as 150, 120, 90, 60-day SERIAL 260059-RFP timeframes. This report can be exported to Excel for better sorting capabilities. Sample cancellation report: The previously mentioned reports are just a few of many reports available on our website. Additional reports can be created by our staff based on the needs of the MCDL staff, providing them at any time during the course of the contract 2.1.7 Ordering by title for multiple branches while invoicing by branch is highly desired. Our website’s most advanced feature is the Smart Cart giving our users the option to change, update, and view and sort items from one neatly organized screen. Through the Smart Cart, the user can view a large variety of information without ever leaving the main screen. The information provided can contain stock number, product ID, title, street date, genre format (DVD/Blu-Ray) retail price, discount price, ISBN, publication date, and much more – all columns sortable in whatever manner is best for your selectors, all at both the title and Cart level. Within the Cart the user can view a large variety of information including text reviews, annotations, cover images and citations without ever leaving the main screen. Our website offers a feature known as Branch Distribution. Pre-designed branch distribution lists can be created for ease of mass populating quantities or controlling the overall quantity distributions: To manually add quantities while using branch distributions, the user will follow these steps: - Create a cart and add the titles you would like to order. In the top left corner of the title grid, check the top checkbox. - Click "Mass Edit" in the blue bar that appears at the top of the grid. Or, - Click "SET BRANCH DISTRIBUTION." - Select the desired branch distribution and click the green "Set" button. - In the cart, on the order line that you would like to change, click the drop-down arrow on the left of the Product ID. - Use the boxes next to the branches to edit the item’s quantity. - Click the drop-down arrow again to save and close the item. Repeat as necessary with any other items. The updated quantity will appear highlighted in blue in the QTY column. SERIAL 260059-RFP Our team can provide the setup of new distribution lists or guide your library staff with one-on-one guidance at any time. Our website's features are very intuitive, and we offer a variety of FAQ's to help support with any topic. We also provide a Resource Center to also help support with the various features and functions of our website 2.1.8 Must be able to supply customized selection lists. Our website (www.midwesttape.com) is the main point of purchase for all physical and digital audiovisual materials. The site brings together collections of today’s trending and top-selling titles; pre-release collections; and collections featuring adult, young adult, and children’s titles. Scrolling banner carousels are designed by Midwest Tape's collection development experts. Our website is continually updated throughout the business day. This site is the main resource of selection services. Your library team can select titles, place them into carts, share the cart with other staff members for input, or send carts to central buyers. The site offers a variety of collections that feature not only today’s new and upcoming releases, but also collections of relevant titles pertaining to social concerns, topics of library or community interest, and titles your library may have overlooked. These features save your team members time when building your collection. On our homepage, the Quick Links provides access to hot new releases, hit children’s titles, a monthly calendar of upcoming releases, and our ever-popular Cat2Cart collection, which makes it easy to add titles featured in our monthly print catalog to a shopping cart. Scrolling carousel banners are updated continually and feature collections such as award winners, specially priced items, holiday favorites, top selling titles and digital weekly catalogs. However, to better support your library, Midwest Tape provides a variety of collection development plans. Previously called Customized Standing Orders (CSOs), myCARTS, is a free service that is contract-free and saves the library time with collection development. Our team of specialists works with the library's staff to create a profile around the needs of the library, ensuring that selection lists include the most relevant titles. Selection lists are placed in a cart under the required user’s login on our website and an email is sent to that user notifying them of the cart’s availability. Selectors are in complete control of the ordering of that cart (as a whole) or can adjust quantities or add/remove titles from the cart as needed. myCARTS program feature: • Pre-publication title notification • Customized and obligation-free carts uploaded to your account. • Easy to manage carts with adjustable branch distributions and fund codes • Flexible quantities based on box office gross, Billboard chart positions, and the New York Times Best Sellers list • Free vendor records available • Free of charge With our myCARTS program, the library has complete control over this process. All DVD high demand, popular, feature films, children’s, fiction, non-fiction titles are strategically SERIAL 260059-RFP monitored from 3-5 months prior to release date by our Purchasing Department. CD Music notifications occur 2 – 3 months prior to release and Audio Book notifications occur bi-weekly as much as 9 months before release date. This enables us to continually increase “on order” quantities with the studios and publisher. This program is significantly different than comparable programs from other distributors. • Collection lists of suggested titles only • No obligation of ordering • Flexibility to adjust your specifications at any time • Email updates sent to you every two weeks • Vendor records of all myCARTS titles are available at no charge • Selected titles are placed in shopping carts that are not ordered without your approval • You can adjust quantities, create branch distribution, and add fund codes and more... before you submit an order. The library is complete control. • Titles are offered in the cart in advance of the street date • Choose the number of copies of each title by box office gross for movies, Billboard chart position for music or New York Times Best Selling list for Audio books • No minimums • No contracts Our DVD myCARTS program comprises these popular plans: • Feature Films • All Things Disney • Critically Acclaimed • Books to Film • Best of TV • 4K Blu-ray • Adult Non-Fiction • Foreign Films • Children's Fiction • Holiday Films Our Music CD myCARTS program features plans that offer something for everyone: • Hit Makers and Must-Have Music - pre-street date titles from bestselling artists • Chart Toppers, Country Chart Toppers, and Latin Chart Toppers; post-street date titles from today's Billboard charts • Monthly Plans - Classical, Christian, Greatest Hits, K-Pop, Soundtracks, Stage Musicals, Adult Series and more... SERIAL 260059-RFP • Seasonal Plans - Best Albums of the Year, Award Nominees and Winners, and Adult Holiday Music • Children's monthly and seasonal plans including Children's Holiday, Latin, Parents' Choice and Children's Series titles We offer a variety of myCARTS for audiobooks that are sure to meet your library's needs: • Hot New Fiction, Genre Fiction, Non-Fiction, and Children's/Young Adult • Best Selling Authors Pre-Publication • New York Times Best Selling Titles • Critics' Picks Titles • New & Notable Authors for Fiction and Children's/Young Adult All suggestion lists are transmitted in shopping cart form with location and collection codes provided. We will work with your library team members to design the selection list profiles around these requirements. Each cart provided has the capability to have our free vendor records uploaded into the library’s ILS acquisitions module and catalog. Of the many carts/plans offered within the myCARTS program, there will be some instances where a title may be presented for a second time, but our website’s duplicate checks will keep the user informed. 2.2 PRIMARY VENDOR SELECTION AND SUPPLY SERVICES 2.2.1 Vendor shall retain staff with expertise related to the publishing and media industries to advise and consult with MCLD Collection Management staff as necessary. The following staff will support MCLD with the various aspects of our goods and services: Jonah Carter, Account Executive jcarter@midwesttapes.com; 800-875-2785 As a new member of Midwest Tape’s Sales team, Jonah comes from a Sales and Service background and will be supporting the Arizona libraries along with supporting all West Coast libraries. He will provide your library with valuable industry trends and how those impact your library. Ashley Mock - Customer Support Specialist amock@midwesttapes.com 800-875-2785 Ashley is a new member of Midwest Tape and has taken on the role of Customer Support Specialist (specializing in Processing Coordination) with enthusiasm and great methods of organization. Ashley will be here to help you navigate our eCommerce website, as well as set up and manage the processing of physical materials, and collaborate interdepartmentally to resolve issues, answer questions and provide any support you may need. Jeff Anderson - Cataloging Specialist SERIAL 260059-RFP janderson@midwesttapes.com 800-875-2785 Jeff has a Masters of Library and Information Science from Wayne State University completed in August of 2010. Full time cataloger for the Monroe County Library System of Monroe Michigan 2012-2016 with a focus on audio visual materials but also cataloged books as needed. Jeff will support your library with any records required for our audio- visual offering. Nancy Ponce, 9xx/EDI Specialist nponce@midwesttapes.com; 800-875-2785 The 9xx/EDI specialist assists library partners with any inquiry they may have regarding brief vendor records available on our Midwest Tape eCommerce site, open URL, 9xx order tags, and EDI ordering and invoicing through the library’s integrated library system. The 9xx/EDI specialist will assist library partners in grid creation, programming, and maintenance of 9xx ordering grids through the Midwest Tape site. Furthermore, the Specialist assists in the setup, programming, and maintenance of EDI ordering and invoicing settings, which are based upon and individualized for each library’s system. In support of the team noted above, our Collection Development Team consists of four myCART coordinators that oversee specific areas of DVDs, Music CDs and Audio books collections. Along with these coordinators, our Collection Development team consists of 30 Marketing Research members and 25 Data Entry staff, who are responsible for product research, catalog development and collection development services. Customer support is provided by phone or email. Our Customer Support Specialists answer all calls through our central number within two rings (company policy). You will be greeted by a friendly ‘live’ staff member to assist you. Our three-member customer support team is cross-trained in all areas of customer support, including web usage. Our team conducts periodical live website training or website-related demonstrations. These training sessions are recorded and archived, being featured on our website, for access at any time. Should your team members need assistance with our website, they can contact our live Customer Support by calling 800-875-2785 (Monday-Friday 8:30 a.m. – 5:00 p.m. EST) or by email info@midwesttapes.com (24/7). All email inquiries are answered within one business day. If your team calls after our standard office hours, a voice mail system is in place to receive your call. Our team listens to our voicemail system each morning returning all calls within that day. 2.2.2 Vendor selection and services shall stay current and up to date based on MCLD’s unique needs as related to continually changing demands from various constituents served by the Library District. Communication is key to any vendor/library relationship. Our team is available Monday – Friday 8:30 a.m. to 5:00 p.m. EST. Every member of our company can be reached at our main 800-875-2785 number as we have ‘live’ customer service staff to answer your staff’s call. Our staff is trained to respond to library’s inquiries or concerns within one business day. Most issues are resolved within a few hours of a phone call or email. SERIAL 260059-RFP MCLD is has assigned specific Midwest Tape staff to assist with all aspects of service. Your direct support is Ashley Mock. She can be contacted Monday – Friday from 8:30 – 5:00 p.m. EST at 800-875-2785 or by email amock@midwesttapes.com. The flexibility of our processing, cataloging and collection development services is such that changing needs of the library can be accommodated throughout the process. We’ve had the pleasure of working with your library team within the last contract providing all of the value-added services outlined in the RFP. Our collection development team continually monitors studio and publisher websites for upcoming releases and/or re-releases of popular materials. They also use their industry knowledge to follow trends and monitor award winners, predicted sales trends, overall popularity, and more. We pride ourselves on providing the earliest notification possible for all upcoming releases. This includes titles that are still in theaters, allowing our library partners to place pre-orders on these titles. While the street release date for such titles is noted as Coming Soon; the moment the studio determines the title’s actual street release date, our data entry team is notified and our system is updated. New releases are featured on our homepage via carousel banners that continually rotate throughout the week for ease of viewing and order placement. In addition to these banners, the very popular Quick Links feature highlights hot new releases based on format. In addition, a monthly calendar of new releases, children’s titles, and our ever-popular Cat2Cart (our monthly catalog titles in prepared carts) is available right from the homepage for quick and easy access to today’s newest releases as well as back catalog titles. Additional collections are featured throughout the month based on trending topics, seasonal, or other featured titles. Our Collection Development Experts can provide your library with specialized collections at any time, free of charge. Please note that out-of-production titles can also be viewed on our website. The user has the option to view all the details of the title but will not be able to place it into a shopping cart. This is valuable information if your circulation staff is looking for a particular title as it allows them to confidently state it is not in production. We are here to listen to your library and help development services and programs that meet the ever-evolving community needs. We stand ready to assist 2.2.3 Vendor shall be available with MCLD Collection Management during normal business hours staff as necessary and respond to all inquiries and questions no later than one business day. Conference calls may be scheduled on a regular basis. Our Collection Development Team members along with all of our support staff, can be reached by our main 800-875-2785 phone line and by email Monday – Friday, 8:30 a.m. – 5:00 p.m. EST. All questions/concerns will be address in less than one business day. SERIAL 260059-RFP 2.2.4 Vendor will prepare recommended selection lists based upon publishing industry and media trends to assist MCLD Library Materials Selectors. Previously called Customized Standing Orders (CSOs), myCARTS is a free service provided by Midwest Tape that is contract-free and saves the library time with collection development. Our team of specialists works with the library's staff to create a profile around the needs of the library, ensuring that no relevant titles are missed. With myCARTS, the library has complete control. All DVD high-demand, popular, feature films, children’s, fiction, and nonfiction titles are strategically monitored by our purchasing department, with notifications sent 3-5 months before the release date. Music notifications occur 2-3 months before release, while audiobook notifications occur as early as nine months prior to the release date. This enables us to continually increase on- order quantities with studios and publishers as needed. myCARTS is significantly different than comparable programs in a variety of ways, including: • No obligation to order—collection lists are suggested titles only. • Selected titles are uploaded in shopping carts that are not ordered without your approval. • Flexibility to adjust your specifications at any time, including quantities, branch distributions, and fund codes. • Default number of copies of each title can be determined by box office gross for movies, Billboard chart position for music, or New York Times Best Selling list for audiobooks. • Email updates sent every two weeks • Pre-publication title notification • Vendor records for all myCARTS titles available at no charge • No minimums or contracts All suggestion lists are uploaded as shopping carts with location and collection codes provided, with the ability to upload free vendor records into the library’s ILS acquisitions module and catalog. With many available myCARTS plans, some titles could be presented more than once. Titles that exist elsewhere in a cart within the organization or that have been previously ordered by the library will be identified by icons visible next to the title in the cart. There is no charge for these selection lists. We work with the library’s selection staff to prepare, modify, and monitor these plans on an ongoing basis, with adjustments made quickly. It is best to have our collection development experts assist with the setup and maintenance of any myCART plans. Please note that for any titles contained within our standing order program, not received by the library, can be inquired through our Processing Coordinator at any time. We can provide a number of customized reports to view the status of any order at any time, free of charge. SERIAL 260059-RFP 2.3 PRIMARY VENDOR SERVICES FOR AN OPENING DAY INITIAL INVENTORY MATERIALS COLLECTION 2.3.1 Opening Day Collection (ODC) – Core collection will be selected, acquired and in place upon the opening of a new (or new to the MCLD) library. 2.3.2 ODC will be based upon MCLD profiles/specifications provided to the vendor as needed. 2.3.3 The ODC will include cataloging, processing, storing until facility is ready as determined by the MCLD, and delivery. Our collection development experts will help you put together an Opening Day Collection of DVD, Blu-ray, Playaway View, CD, Audiobook, and Playaway Audio titles that are just right for your library. We'll process them, catalog them, and ship them in time for your Grand Opening. All you have to do is put them on the shelves. Opening Day Collection Services • Tailor-made selection lists based on a profile created by your selectors and our collection development experts • Easy order placement from your shopping cart at www.midwesttapes.com/cart, or an approved Excel file, or electronically from your ILS system. • Expert cataloging provided to your specifications • VIP processing: digital processing customized for your library's unique needs • Delivery coordination: We ship your collection in time for your requested delivery date • Shelf-ready: We organize and ship items in alphabetical order • Invoicing: We can accommodate special requirements Our Opening Day Collection Services will provide, at minimum, 90% of the library's orders by the specified date. In most Opening Day Collection situations our fulfillment rate is 100%. The timeframe required by the library to receive selection lists and the completion of product services will be abided by Midwest Tape. We will provide a tentative outline for Project Coordination called a Basic ODC Timeline to begin the process. This is simply a guideline, and not ‘one size fits all’. The timeline is dependent and adjusted on the library’s needs. Midwest Tape will provide the necessary services, completion within the timeframe required by the library and fulfillment rate needed for the project. Midwest Tape will store all shelf-ready material, purchased by the library for the project, in our fully- insured, clean and Habitec secured, climate-controlled facility until the library requires shipment be made either in full or at designated intervals. There is no charge for the storage and shipping of the materials. The Midwest Tape assigned Opening Day Collection Project Coordinator will work closely with the library staff to ensure that product arrives in shelf ready order to organize and expedite the shelving of the material. SERIAL 260059-RFP All materials designated for the New Library project, will be shipped direct to the branch organized as requested and, on a delivery schedule designed by the library and Midwest Tape. We can provide bi-weekly or monthly reports to summarize titles on order and their value, along with the value of any product that was completed and is shelved in our facility. We can also provide a summary of any un-ordered carts that have been sent to your selectors. Our Opening Day Collections Project Manager, Gabby Sheets, works with assisting many Libraries in their set-up of value-added services along with supporting our Canadian Library customers. Gabby started at Midwest Tape in our Customer Service Support department, but with her attention to detail and organizational skills, she easily transitioned into the Opening Day coordination program here at Midwest Tape. She has overseen many ODC projects, managing several at time ensuring prompt and accurate completion. She can be contacted by phone (800-875-2785) or by email – gsheets@midwesttapes.com 2.4 SUPPLEMENTARY VENDORS 2.4.1 Supplementary vendors shall supply materials not provided by primary vendors. Midwest Tape requests the opportunity to provide Prime Contractor audiovisual goods and services. It is understood that the library has the right to acquire audiovisual materials from supplementary vendors should our company not be able to provide some audiovisual materials. 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