Brodart Response Pt. 1

BRO
DART

THIS PROPOSAL SUBMITTED ON BEHALF OF

BRODART
Brodart Co.
500 Arch Street
Williamsport, PA 17701
800.233.8467
City of Scottsdale

REQUEST FOR PROPOSAL: NO. 21RP008
LIBRARY PRINT AND AUDIOVISUAL MATERIALS

Response Due: November 5, 2020 at 2:00 PM

Solutions you can trust

BRO. | Brodart Books & Library Services

DART } 500 Arch Street, Williamsport, PA 17701
P: 570°326¢2461 F: 570°651°1639

October 30, 2020

City of Scottsdale

Purchasing Department Front Desk, 2" Floor
Scottsdale Corporation Yard Building

9191 E Salvador Dr.

Scottsdale, AZ 85258

RE: RFP #21RP008, Library Print and Audio Visual Materials
DUE: November 5, 2020 @ 2:00 P.M.

Dear Ms. Ingles:

Brodart is pleased to provide this document in response to the City of Scottsdale’s request for
proposal for Library Print and Audio Visual Materials for a three-year period with the option to
renew for two additional one-year periods. We have reviewed the RFP and fully understand the
needs and requirements of the Scottsdale Public Library. Brodart is bidding on LOT A — Print
Materials.

For over 80 years Brodart has been the premier supplier of circulation-ready materials to public
libraries. We are a full-service library company that delivers carefully vetted selections of cataloged
and processed titles. Today Brodart offers book leasing through our McNaughton Lease program,
state-of-the-art online tools, bibliographic services and consulting exclusively to public libraries.

Demonstrating our ongoing commitment to being the best supplier of shelf-ready print material,
Brodart has once again set the standard for custom cataloging by launching a revolutionary line of
cataloging and processing services which is superior to anything in the industry:

*¢ In 2011 Brodart launched “Flex” to deliver a missing level of cataloging service to a major
section of the public library market — offering the highest level of customization available
in an automated solution.

¢ In 2015 Brodart launched a new “Compleat Service” with a new methodology in order to
offer more options and faster service to our public library customers.

Brodart is responding to this RFP with our Compleat Cataloging methodology as it will meet all of
your requirements for all of your collections.

Our Brodart Requirement Evaluation Team took the liberty of further evaluation of the Scottsdale
RFP requirements in conjunction with the spectrum of cataloging services Brodart offers. We often
take these extra steps in an effort to further provide cost savings options to the library for further
consideration beyond what is normally requested in an RFP. Brodart offers a full spectrum of
services and it’s not uncommon for us to find areas of a collection that can be handled ina

complimentary level service offering faster delivery and/or significant cost reduction without
sacrificing requirements. In our evaluation we focused primarily on your Adult Fiction
requirements and found our Flex Service would be a perfect fit. There are other collections that at
first glance could fit within Flex however we would need additional information or have some
additional questions.

We have many customers who take advantage of our Flex Service in conjunction with our Compleat
Service to expedite delivery of material and as a cost saving measure to reduce cataloging costs
across the collection. Flex has the most flexible, robust and impactful programming available in the
industry today and enhancements are added on a daily basis to meet our customers’ customized
requirements. We often recommend a mix and match of services between Compleat Service and
Flex to help assist the library with saving money and taking full advantage of our complete
spectrum of shelf ready services.

For questions about our products and services, please contact Deena Reynolds, Library Services
Consultant, by calling 800.233.8467, ext. 6379 or e-mailing Deena.Reynolds@brodart.com.
Questions related to our bid response or notification of award should be directed to Lori Copp at
800.233.8437, ext. 6233, 500 Arch Street, Williamsport, PA 17701 or bookbids@brodart.com.

Brodart’s partnerships with libraries are built on experience, trust, and communication. We
appreciate this opportunity to submit our proposal for your consideration and request an official
tabulation of competitive bidding.

Sincerely,

Lori Gray
Director of Sales

ISSUING AGENCY - CITY OF SCOTTSDALE

FORMAL REQUEST FOR PROPOSAL

LIBRARY PRINT AND AUDIO VISUAL MATERIALS

RFP #21RP008
CRITICAL DATES
PROPOSAL SUBMITTAL DUE: 2:00 P.M., LOCAL TIME, NOVEMBER 5, 2020
QUESTIONS DUE: 2:00 P.M., LOCAL TIME, OCTOBER 28, 2020

SUBMITTAL RECEIPT AND OPENING

SEALED SOLICITATION SUBMITTALS WILL BE RECEIVED until the time and date stated above in
the CRITICAL DATES section of the solicitation, at the Purchasing Department Front Desk, located on
the second floor of the Scottsdale Corporation Yard Building at 9191 E. San Salvador Dr., Scottsdale,
AZ 85258. All submittals must be date and time stamped at the Purchasing Department front
desk on or before the submittal receipt time and date. LATE SUBMITTALS WILL NOT BE
ACCEPTED. In order to accommodate current social distancing guidelines, the Purchasing office will
conduct a Microsoft Teams Live Stream meeting for the public to view the scheduled bid openings
online. To attend this meeting, visit us online by clicking the following link Live Bid Opening 21RP008

INFORMATION REQUESTS

Requests for any information relating to this solicitation should be directed to the purchasing
staff listed below:
Karie Ingles, CPPB
Bid & Contract Specialist
480-312-5744

kingles@scottsdaleaz.gov
Bidders shall not contact any City of Scottsdale employee, officer, or director other than purchasing

regarding this solicitation until after the award of a contract. Any such unauthorized contact may result
in bidder being disqualified from further consideration.

INSTRUCTIONS TO BIDDERS AND
GENERAL TERMS AND CONDITIONS

The Instructions to Bidders and General Terms and Conditions for formal solicitations, are listed as
attachments A and B as outlined below and shall be downloaded by prospective Bidders as part of the
solicitation.

Attachment A - Formal Solicitation Instructions to Bidders (current version at time of posting).
Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

Attachment B - Formal Solicitation General Terms and Conditions (current version at time of
posting). Applies to all formal Invitation for Bids (IFB) and Request for Proposals (RFP).

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TABLE OF CONTENTS

LIBRARY PRINT AND AUDIO VISUAL MATERIALS

RFP #21RP008

eT 7 OW

SECTION 1 - INTRODUCTION

A. Intent

B. Pricing
SECTION 2 —- STATEMENT OF NEED

A. Offeror Inventory

B. Offeror Service Capabilities Questionnaire
SECTION 3 —- SPECIAL TERMS AND CONDITIONS

SECTION 4 —- EVALUATION CRITERIA
A. Evaluation Criteria

SECTION 5 — SUBMITTAL PREPARATION REQUIREMENTS

SECTION 6 —- REQUIRED FORMS

Offer and Acceptance Form

Pricing Proposal Form

References

Subcontractor List

Bidder Questionnaire-Company Information
Bidder General Disclosure Form

Bidder Litigation Disclosure Form

QONMOO D>

SECTION 7 - ATTACHMENTS
A. Instructions to Bidders
B. General Terms and Conditions

SECTION 8 - EXHIBITS
A. Scottsdale Public Library —- Cataloging & Processing Vendor Manual

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SECTION 1 - INTRODUCTION

LIBRARY PRINT AND AUDIO VISUAL MATERIALS

RFP #21RP008

A. INTENT

The intent of this Request for Proposal (RFP) is to establish multiple sources of supply for books and
audio visual materials to be used as circulating and reference materials at Scottsdale Public Library
This RFP is for books and audio visual materials and corresponding value added services and does
not encompass e-materials, periodicals or other library resources such as databases. The Library
intends to have the contractor(s) provide shelf-ready value-added services including cataloging and
processing for most of the purchases. The shelf ready materials will be cataloged and processed by
the contractor(s) in accordance with Exhibit A: Scottsdale Public Library Cataloging and Processing
Vendor Manual. The City intends to award contracts to multiple vendors that can satisfy the Library's
requirements at the time orders are placed. The Library's orders will be allocated among contracted
vendors based upon inventory availability, quality of cataloging and processing, turnaround time and
price. For any items or services not able to be satisfied by Awardees, the City reserves the right to
utilize any publisher, dealer, or distributor outside of any award made from the solicitation.

The Scottsdale Public Library system consists of four libraries. The Library's physical collection
includes more than 365,000 items. All items purchased will be delivered FOB, inside delivery, to the
loading dock of Civic Center Library, 3839 N. Drinkwater Blvd. Scottsdale, AZ 85251.

The Library’s estimated FY20/21 budget for this contract is expected to range between $300,000 -
$500,00. The FY19/20 annual budget was $600,000; however due to the 2020 pandemic budgets
have been reduced and future budgets are uncertain at this time. Therefore, this information is not to
be construed as a guarantee from the City to purchase this amount of library materials annually,
rather, it is an estimate to aid the Offeror in the preparation of this bid and internal planning.

Only those Offerors with experience and expertise in the sale of materials to library will be considered.
The financial scale and importance of this contract requires that proposals be submitted from Offerors
who are established wholesale suppliers with current urban public library accounts. Contractors must
have proven operational results and performance ability. The Library uses Innovative Interfaces’
Polaris integrated library system (ILS) and the contractor’s acquisition processes must
integrate with Polaris via ED! for an offeror to be considered for this contract.

Pricing quotes for print and audio visual materials have been separated into Lots. Lot A is for print
materials and Lot B is for audio visual materials. Various categories of print and audio visual materials
are listed within the specifications. An Offeror is not required to offer all categories. Offerors may
submit a proposal for Lot A and/or Lot B.

B. PRICING

The Offeror is encouraged to offer additional pricing for related items, products and services, which are
not specifically addressed as line items in this Solicitation but are directly related to print and non-print
library materials. A description of these additional products and services with pricing should be noted
separately within the Offeror’s submittal document. Please include services such as leasing, buy-back
programs and authority control. If leasing services are available, the quote should be based on a
purchase of 4,000 copies annually.

Pricing shall be calculated as a percentage discount applied against publisher retail price list (i.e.
twenty-five percent [25%] off of list price). The discount structure quoted by the Offeror shall be
applicable during the entire term of the contract, including all applicable extensions. The prices listed
on the Pricing Proposal Form pages MUST reflect the pricing discount structure contained within this
solicitation.

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SECTION 2 —- STATEMENT OF NEED

RFP #21RP008

LIBRARY PRINT AND AUDIO VISUAL MATERIALS

A. OFFEROR INVENTORY

Provide the number of titles and corresponding quantities currently in stock for each of the categories
below at the single primary warehouse location that would serve our account.

LOT A - Print Materials

- Number of
1.0 Material Nees Corresponding
Quantities Available
Adult and Teen Hardcovers (including Library
14 Binding) 22,800 253,000
Adult and Teen Paperbacks
1.2 ° 25,700 225,000
Juvenile Hardcovers (including Library Bindin
1.3 gLbray Binding) | 49500 128,000
Juvenile Paperbacks
1.4 15,500 64,000
Spanish Language titles (Adult and Juvenile
is | $?P 9 6,800 87,000
LOT B - Audio Visual Materials NO BID
Number of Corresponding
A Number of Titles Quantities Available

2.0 Material Available

24 Audiobooks

22 Blu-rays

23 DVDs

24 Music CDs

LOT A and LOT B - Print and Audio Visual Materials
What percentage of your online catalog is available, on average, in your warehouse?

3 . 1 Brodart orders from our publishing partners on a daily basis for any title not in stock - we do not require minimum purchases in an effort to order targer quantities from our publishing partners which
can often result in delayed publisher ordering and delivery Because of our close Proximity to the major publishers in New York and the surrounding area we take pride in our ability to order and
receive much faster than our competitors who have warehouses further away.

If an order is placed for an item not currently in the warehouse, what percentage are filled

3.2 within 6 months?

85% of our in-stock titles are fulfilled within three months. 98% of our out-of-stock titles are fulfilled within 120 days.

comPANy name: Brodart Co.

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B. OFFEROR SERVICE CAPABILITIES QUESTIONNAIRE

Listed below are the vendor service capabilities desired to meet the needs of the Scottsdale Public
Library. Please mark “Yes” or “No” to indicate if you can satisfy each listed criterion. Please explain all
exceptions in comments section.

1.0 Contractor Sales Support
Contractor will assign a sales associate to our account to facilitate communication and problem
resolution.

1.1 | fl] Yes LI No Comments:
Comprehensive explanation and training (as needed) on all upgrades, changes and
improvements of contractor tools used by the library.

1.2 | [ll Yes [1 No Comments:
Contractor staff to meet in person with Scottsdale Public Library staff upon request.

1.3 | Ml Yes L No Comments:

2.0 Interoperability with Polaris Integrated Library System
Do you currently provide integrated electronic acquisitions and cataloging services for at least 3
libraries that use Polaris?

2.1 | [Ml Yes CL] No Comments:
Any specialized software required by contractor to interface with Polaris will be supplied to the
Library at no cost.

2.2 | fl Yes C1 No Comments:

3.0 Selection and Ordering Tool
Contractors inventory/ordering too! shows complete bibliographic information for current and
forthcoming inventory.

3.1 | [ill Yes L] No Comments: Bibz
Inventory/ordering tool provides accurate, real time, title availability.
[i] Yes L] No Comments:

3.2

COMPANY NAME: Brodart Co.

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3.0

Selection and Ordering Tool

Inventory/ordering tool provides current inventory data.

3.3 | Ml Yes LJ No Comments:
Inventory/ordering tool includes duplicate check capability across SPL user accounts and
previous orders.
3.4 | fil) Yes LJ No Comments:
Inventory/ordering tool allows online creation and modification of orders.
3.5 | Ml Yes [J No Comments:
Online access to library order history.
36 f Yes LI No Comments:
Online access to invoices
3.7 | Yes L] No Comments:
Online access to order details at the title level including shipment status.
3.8 | Ml Yes LJ No Comments:
Contractor will provide free unlimited, simultaneous access to all Scottsdale Public Library
selectors and other appropriate staff to the inventory/ordering tool.
3.9 | [ml Yes [] No Comments:
Contractor will maintain multiple order accounts based on various funding or processing
requirements.
3.10 .
{Ml Yes LJ No Comments:
Profile driven selection lists will be provided at no charge as requested.
3.11 | Ml Yes LJ No Comments:

COMPANY NAME: Brodart Co.

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3.0 Selection and Ordering Tool
If requested, contractor will provide a minimum of one annual in-person training session to library
staff on using the Contractor's inventory system at one of our libraries.

3.12 | Ml Yes LI No Comments:
Technical support available M-F 8:00 a.m. to 5:00 p.m.

3.13 | Ml Yes L1 No Comments:
Timely notification of any new releases/upgrades to inventory system, and assistance in their
implementation.

3.14 | fl Yes CT No Comments:
Print material only: Inventory/ordering tool includes ability to check ISBN in SPL library catalog
@] Yes L] No Comments:

3.15

COMPANY NAME: Brodart Co.

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4.0

Ordering & Receiving

Ability to rush / prioritize orders

4.1 | Ml Yes LJ No Comments:
Ability to accept electronic transmission of orders via EDIFACT, email or FTP from Polaris.
4.2 | Yes CL No Comments
Confirmation of electronic order via email that includes purchase order numbers and titles.
4.3 | Yes L No Comments:
Provide brief order records that can be downloaded into Polaris.
4.4 | Yes CL] No Comments
Automatic cancellation of back orders 270 days after date order was received from Scottsdale
Public Library.
4.5 | Ill Yes C1 No Comments:
Overall fill rate, for each year of the contract, to be at least 85% of displayed inventory for all
items ordered.
4.6 | im Yes L] No Comments:
Supply at least 80% of all items back ordered and available from the publisher, within 270 days
of receipt of Scottsdale Public Library order.
4.7 | Ml Yes C1 No Comments:
Print material only: Ability to automatically supply best sellers delivered by the publisher's
release/street date.
4.8 | ll Yes C] No Comments:
Print material only: Ability to provide pre-selected standing order series titles on an auto-
shipment plan.
4.9

{@] Yes LC] No Comments:

COMPANY NAME: Brodart Co.

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5.0 Invoicing & Shipping
Invoices will include each of the following fields:
e Vendor Name
e “Bill to” and “Ship to” name and address
e Remit to Address
e Purchase order number or individual title order number
e Invoice Date/Number
e Description and date service/work (ordered/completed)
e Reference/link to packing slip
e Title
e Author
e Binding (hardcover, paperback, library binding, etc.) — for print materials only
5.1 e Number of copies
e List price of title
e Discount percentage
e Discounted cost for material
e Itemized list of all charges (quantity, description, unit pricing per the contract)
e Net total cost for all copies of material
e Processing and cataloging cost for materials listed on invoice
e Total Invoice Amount
(®) Yes (J No Comments:
Electronic transmission of invoices to the library that interfaces with Polaris and utilizes
EDIFACT standard.
5.2 | [ll Yes [] No Comments:
Each packed box will weigh no more than 30 pounds.
53 |W@ Yes L1 No Comments:
All multiple carton shipments will clearly have cartons labeled on the side of the carton so
Scottsdale Public Library staff can discern a complete shipment. Carton containing the invoice
must be clearly marked.
5.4
fl Yes LC] No Comments:
Packing lists are required if an invoice is not included in the shipment. Packing lists will include:
e Title
¢ Quantity
e ISBN, if applicable
5.5 e “Bill to” and “Ship to” addresses.

Yes LJ No Comments:

COMPANY NAME: Brodart Co.

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5.0

Invoicing & Shipping

Boxes will contain materials from only one invoice.

5.6 | Ml Yes 1 No Comments:
All materials will be delivered FOB, inside delivery, to the loading dock of Civic Center Library in
Scottsdale, AZ 85251.

5.7 | fl Yes ( No Comments:
Shipping included at no cost to the City of Scottsdale from primary and at least one secondary
warehouse if more than one warehouse is utilized by vendor.

5.8 | fl] Yes LC] No Comments:
Contractor will maintain an annual 98% rate of accuracy (e.g. materials shipped represent the
order received) and completeness (e.g. all materials appearing on the invoice/packing list are
shipped) throughout the life of the contract.

5.9
[M] Yes [J No Comments:
Print material bids only: Invoices for print materials will be listed in alphabetical order by author

5.10 | Ml Yes LJ No Comments:
Print material only: Shipments of pre-release orders will arrive at Scottsdale Public Library
processed on or prior to the street release date.

5.11 | [i] Yes C] No Comments:
Print material only: Street dates will be included in shipment paperwork for applicable
materials

5.12 | i] Yes CJ No Comments:
Audio visual material only: Invoices for non-print materials will be listed in alphabetical order
by title

5.13

LC] Yes CL] No Comments: No Bid A/V material.

COMPANY NAME: Brodart Co.

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6.0

Cataloging & Processing

6.1

A MARC order record will be provided free of charge for each firm order at the time the order is
placed.

fM@] Yes LJ No Comments:

6.2

OCLC Full MARC Records will be used as the primary source of records. SPL will provide
access if needed.

) Yes [1 No Comments:

6.3

If non-OCLC records are used, they will conform to current U.S. cataloging (including RDA)
standards.

f@ Yes LC] No Comments:

6.4

Ability to temporarily postpone cataloging library materials any time vendor is unable to access
and download OCLC records.

{M] Yes [1 No Comments:

6.5

Ability to view the Library's current bibliographic database so that the item to be cataloged can be
matched against the Library’s collection.

@ Yes L] No Comments:

6.6

Ability to attach holdings in OCLC.
[Yes CL] No Comments:

6.7

Ability to customize cataloging and processing according to local Library practices.

| Yes LJ No Comments:

6.8

Ability to provide MARC catalog records electronically with appended holdings data that can be
loaded, indexed, and retrieved by Polaris.

@) Yes ] No Comments:

COMPANY NAME: Brodart Co.

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6.0

Cataloging & Processing

Ability to provide library processing services including but not limited to:
e Jacket covers

e Property stamps
e =6Stickers
6.9 e RFID tags and overlays. (affixed and programmed)
e Application of spine and barcode labels
[ml] Yes L] No Comments:
Ability to follow Library specific processing standards. See included manual.
6.10 | Ml Yes L] No Comments:
Vendor provided barcodes will meet library scanning requirements or a suitable replacement will
be used.
6.14 (@] Yes £] No Comments:
Ability to accommodate reasonable changes to cataloging and processing specifications without
additional charges.
6.12 | fm] Yes L] No Comments:
After 60-day learning period from date of contract signing, contractor will be required to maintain
an error rate not to exceed 3% semi-annually for cataloging and processing combined.
6.13 [M] Yes LJ No Comments:
Contractor will implement appropriate training and/or corrective action in response to Library
reported cataloging and processing errors.
6.14 | fi] Yes [J No Comments:
Audio visual material only: Media will be delivered in circulation-ready packaging with original
container art and program materials included.
6.15 | Yes No Comments: No Bid A/V Materials
Audio visual material only: Ability to provide digitized media processing.
6.16 | L] Yes L] No Comments: No Bid A/V Materials

COMPANY NAME: Brodart Co.

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7.0 Credits & Returns
Contractor will provide full credit for cataloging and processing charges for reported errors that
exceed more than 3% of the items in a shipment.

7.1 | Til Yes C1 No Comments:
Full credit provided for returns if an item was ordered based on inaccurate data in the
inventory/ordering tool.

7.2 | fi] Yes CI No Comments:
Defective volumes or discs from multi-part sets may be returned for full credit or replaced for free
within one year of purchase, even if items have circulated.

7.3 | [il Yes CO No Comments:
Prepaid shipping labels will be provided to the Library for all authorized returns.

7.4 | Ml Yes [1 No Comments:
Credit memos (not account credits) will be issued for all returns.

7.5 | Il Yes [1 No Comments:
Credit memos will include reference to original order invoice number.

7.6 | Ml Yes LI No Comments:

COMPANY NAME: Brodart Co.

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8.0 Reporting
Ability to provide a monthly report indicating the status of current unfilled orders.

3.1 | Yes L] No Comments:
Ability to provide a cancellation report showing orders with an expired term or cancelled for
another reason.

8.2 | i Yes [J No Comments:
Ability to provide a report showing items on back order.

3.3 | MM Yes [] No Comments:
Ability to provide a quarterly performance report which includes order fulfillment rate and order
turnaround time.

8.4 | [ml Yes C1 No Comments:

COMPANY NAME: Brodart Co.

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9.0

Offeror Samples
Please provide a sample of each of the following. Each sample MUST be identified with
offeror’s name and the RFP date. Samples will not be returned.

9.1

For print material only: Book with Mylar jacket including barcode, spine label and 3M RFID tag
Sample provided: [mi] Yes [] No Comments:

9.2

For print material only: Vendor MARC record for a book

Sample provided: [i] Yes [] No Comments:

9.3

For audio visual material only: Digitized processing for DVD including case, barcode, spine
label and 3M RFID overlay

Sample provided: ] Yes [] No Comments: No Bid, A/V Material

9.4

For audio visual material only: Digitized processing for a music CD including case, barcode,
spine label and 3M RFID overlay

Sample provided: [] Yes [] No Comments: No Bid, A/V Material

9.5

For audio visual material only: Digitized processing for an audiobook including case with CD
pockets, barcode, spine label and 3M RFID overlay

Sample provided: [] Yes [] No Comments: No Bid, A/V Material

9.6

For audio visual material only: Vendor MARC record for a DVD
Sample provided: [] Yes [] No Comments: No Bid, A/V Material

9.7

For audio visual material only: Vendor MARC record for a music CD

Sample provided: [] Yes [] No Comments: No Bid, A/V Material

9.8

For audio visual material only: Vendor MARC record for an audiobook

Sample provided: [] Yes [] No Comments: No Bid, A/V Material

COMPANY NAME: Brodart Co.

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SECTION 3 - SPECIAL TERMS AND CONDITIONS

LIBRARY PRINT AND AUDIO VISUAL MATERIALS

RFP #21RP008

ez oO

1. ACCEPTANCE / AGREEMENT

Contractor shall act under the authority and approval of the Contract Administrator for the City,
further named herein, to provide the services required by this Contract.

If for any reason the Offeror should fail to accept in writing, any conduct by Offeror which
recognizes the existence of a Contract/Agreement pertaining to the subject matter hereof shall
constitute acceptance by Offeror of the Contract/Agreement and all of its terms and conditions.
Any terms proposed in Offeror's acceptance of City's Contract which adds to, varies from or
conflicts with the terms herein are hereby rejected by the City. Any such proposed terms shall be
void and the terms herein shall constitute the complete and exclusive statement of the terms and
conditions of the Contract/Agreement between the parties.

2. CONTRACT ADMINISTRATION

The Contract Administrator for the resulting contract shall be the Library Senior Manager, Support
Services, or designee.

The Contract Administrator, as identified in the Statement of Need shall audit the billings, approve
payments, establish schedules, approve addenda to the contract, and generally be responsible
for overseeing the execution of the contract.

3. DELAYS AND EXTENSIONS

During the course of this Contract, if deemed in the best interest of the City of Scottsdale, an
extension of time may be granted. However, any time extension so granted shall not constitute
or operate as a waiver by the City of Scottsdale of any of its rights herein.

4. FREIGHT

All shipments of goods covered under the scope of this Contract are F.O.B. City of Scottsdale.
All standard freight and/or delivery charges shall be included in the unit pricing quoted/bid herein.
The only allowable freight and/or delivery charges shall be if the Contract Administrator
specifically requests other than standard freight and/or delivery (e.g., overnight delivery, etc.).
Special freight charges shall be quoted to and authorized by the Contract Administrator prior to
invoicing.

5. INSURANCE REQUIREMENTS

Insurance Representations and Requirements

General
Contractor agrees to comply with all applicable City ordinances and state and federal laws and
regulations.

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Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at its own
expense, this Contract’s stipulated minimum insurance with insurance companies properly
licensed by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above
or an equivalent qualified unlicensed insurer by the State of Arizona (non-admitted insurer) with
policies and forms satisfactory to City of Scottsdale. Failure to maintain insurance as specified
may result in termination of this Contract at City of Scottsdale’s option.

No Representation of Coverage Adequacy
By requiring the insurance stated in this Contract, the City of Scottsdale does not represent that

coverage and limits will be adequate to protect Contractor. City of Scottsdale reserves the right
to review any and all of the insurance policies and/or endorsements required by this Contract but
have no obligation to do so. Failure to demand any evidence of full compliance with the insurance
requirements stated in this Contract or failure to identify any insurance deficiency does not relieve
Contractor from, nor may it be construed or considered a waiver of Contractor's obligation to
maintain the required insurance at all times during the performance of this Contract.

Coverage Term

All insurance required by this Contract must be maintained in full force and effect until all work or
services required to be performed under the terms of this Contract are satisfactorily performed,
completed and formally accepted by The City of Scottsdale, unless specified otherwise in this
Contract.

Claims Made

In the event any insurance policies required by this Contract are written on a “claims made” basis,
coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage
in force using the effective date of this Contract as the retroactive date on all “claims made”
policies. The retroactive date for exclusion of claims must be on or before the effective date of
this Contract and can never be after the effective date of this Contract. Upon completion or
termination of this Contract, the “claims made” coverage shall be extended for an additional three
(3) years using the original retroactive date, either through purchasing an extended reporting
option; or by continued renewal of the original insurance policies. Submission of annual
Certificates of Insurance, citing the applicable coverages and provisions specified herein, shall
continue for three (3) years past the completion or termination of this Contract.

Policy Deductibles and or Self-Insured Retentions
The policy requirements may provide coverage which contains deductibles or self-insured

retention amounts. Any deductibles or self-insured retention are not applicable to the policy limits
provided to City of Scottsdale. Contractor is solely responsible for any deductible or self-insured
retention amount. City of Scottsdale, at its option, may require Contractor to secure payment of
any deductible or self-insured retention by a surety bond or irrevocable and unconditional letter
of credit.

Use of Subcontractors

If any work under this Contract is subcontracted in any way, Contractor must execute a written
agreement with Subcontractor containing the same Indemnification Clause and Insurance
Requirements as stated in this Contract protecting City of Scottsdale and Contractor. Contractor
will be responsible for executing the agreement with Subcontractor and obtaining Certificates of
Insurance verifying the insurance requirements.

Evidence of Insurance and Required Endorsements

Before starting any work or services under this Contract, Contractor must furnish City of
Scottsdale with Certificate(s) of Insurance, or formal endorsements as required by this Contract,
issued by Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as
specified in this Contract and provide the required coverage, conditions, and limits of coverage
and that this coverage and the provisions are in full force and effect. If a Certificate of Insurance
is submitted as verification of coverage, City of Scottsdale will reasonably rely upon the Certificate
of Insurance as evidence of coverage, but this acceptance and reliance will not waive or alter in

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Last Update: 02/24/2020—doc #17129139-v6
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