Cities Index.
Award of Five-Year Contract for the Provision of Processed Audiovisual Materials, Cataloging and Processing Services to the Goleta, Solvang and Buellton Valley Libraries

Goleta City Council
August 16, 2022

Document
Award of Five-Year Contract for the Provision of Processed Audiovisual Materials, Cataloging and Processing Services to the Goleta, Solvang and Buellton Valley Libraries
Meeting
August 16, 2022
Body
Goleta City Council
Pages
12
Original file
1.1 MB
Text extracted from the city's file for reading and search. Open the original on goleta.legistar1.com. That file is the official record.

Agenda Item B.6

CPMS CONSENT CALENDAR
Meeting Date: August 16, 2022

TO: Mayor and Councilmembers

FROM: Jaime A. Valdez, Neighborhood Services Director

CONTACT: Allison Gray, Library Director
Shanna Dawson, Management Analyst

SUBJECT: Award of Five-Year Contract for the Provision of Processed Audiovisual Materials, Cataloging and Processing Services to the Goleta, So lvang and Buellton Valley Libraries

RECOMMENDATION:

Authorize the City Manager to execute a Professional Services A greement between the City of Goleta and Midwest Tape for Audio and Visual Materials Processing Services, for a total not to exceed amount of $225,500 at $45,100 per year, with a termination date of June 30, 2027.

BACKGROUND:

The Goleta Valley Library orders audio and visual materials for its patrons through companies that provide a database, ordering, processing, and delivery ser vices. These services are considered professional services because the library coordinates with the vendors to develop specifications that get affixed to the materials that patrons c heck out. The Goleta Valley Library has historically used the company Midwest Tape for the purchase of audio and visual materials.

DISCUSSION:

The City typically issues a Request for Proposals (RFP) to advertise for professional services that meet the City ’s various service and support needs, as directed by Chapter 3.0 5 of the Goleta Municipal Code (Purchasing System). An RFP for the provision of audio/visual materials for the Goleta and Santa Ynez Valley Libraries was re leased on June 13, 2022.

Responses were due on July 15, 2022. Only one company responded – Midwest Tape. This is likely due to the relatively small budget for audiovisual materials each year.

Midwest Tape is very similarly matched to its competitors in pr icing. Furthermore, the company Midwest Tape is used by all but one library system with in the Black Gold Cooperative Library System and thus appears to be the “industry standard” in this region.

Because Black Gold libraries are currently learning the difficu lt and convoluted Koha 1 Meeting Date: August 16, 2022

Page 2 of 2 ends

Integrated Library System for use in acquisitions, it would be best if we were all using the same audio/visual vendor so acquisitions troubleshooting could occur across the board.

Additionally, the correct setting up of physical processing standards for audio/visual materials to make them shelf-ready for circulation can be time-consuming with a new vendor. For these reasons, staff recommends that the City enter into a five-year contract with Midwest Tape (Attachment 1). The total annual "not to exceed" amount recommended for the Midwest Tape contract is $225,500 at $45,100 per year for the cost of purchasing and processing of audio/ visual materials.

FISCAL IMPACTS

The total cost of this agreement is $225,500 at $45,100 per year and will be supported in the first year by the FY 2022-2023 Goleta Library's materials budge t of $184,000. Material costs will be paid for out of one fund: $45,100 from 223-20-2100-51035 (Library Development Impact Fee) revenues. A total of $45,100 will be spent on audio/ visual content, which consists of: DVDs, Blu-Rays, Books on CD, and Music CDs. This dollar amount also includes the cost of processing the materials to be shelf ready. For Fiscal Years 23/24, 24/25, 25/26, and 26/27, the contract will be contingent upon budget being approved by City Council.

ALTERNATIVES:

Staff could send out another RFP but would likely not receive a dditional responses. Due to the implementation of Koha, Goleta Valley Library patrons have not had direct access to any new materials since April 1, 2022.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Ga ribaldi Michelle Greene
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. Professional Services Agreement with Midwest Tape

2 Attachment 1

Professional Services Agreement with Midwest Tape
3 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 1 of 12 ends

Project Name: Library Materials Database and Processing Services (Audio/Visual)

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND

MIDWEST TAPE, LLC

This AGREEMENT FOR PROFESSIONAL (herein referred to as
“AGREEMENT”) is made and entered into this ________ day of ____ __ , 20____, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and MIDWEST TAPE, LLC (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional audio and visual materi al services for the Goleta Valley Library, Library Materials Database and Processing Services (Audio/Visual); and

2. The CITY does not have the personnel able and/or available t o perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and

3. The CITY procured these services in compliance with Goleta M unicipal Code Section 3.05.260.

4. The City Council, on this _____ day of _______, 20___, appro ved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2 .

CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Professional audio visual and database and processing services in conjunction with the Goleta Valley Library. Services shall gene rally include the provision of an audio and visual materials database , 









4 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 2 of 12 ends

and development and processing of audio/visual specifications f or shelving at the Goleta Valley Library services as more particul arly set forth in the Scope of Services and Cost Proposal Schedule, attached as Exhibit “A,” and incorporated herein.

CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $225,500 at $45,100 per year (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Scope of Services and Cost Proposal Schedule marked Exhibit "A, " attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until Ju ne 30, 2027, after which any change in said rates and expenses mus t be approved in writing by CITY's Project Manager as described i n Section 5 (CITY is to be given 60 days notice of any rate incre ase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written v erification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personn el classification).

All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra servi ces, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra service s by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing b efore the performance of extra services, no liability and no right to claim compensation for such extra services or expen ses shall exist. The applicabl e hourly rates for extra services shall be at the hourly rates set forth in Exhibi t A, if one is included as part of this agreement. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.










5 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 3 of 12 ends

5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplishe d under the general direction of, and coordinate with, CITY's "Pr oject Manager", as that staff person is designated by CITY from time to time, and who presently is Allison Gray shall have the authority to act on behalf of the C ITY in administering this AGREEMENT but shall not be authorized to extend the term o f the AGREEMENT or increase the not to exceed amount.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2027, unless term of this AGREEMENT is extended, or the AGR EEMENT is terminated as provided for herein.

7. CONSULTANT SHALL NOT COMMENCE WORK ON THE SERVICES

TO BE PERFORMED UNTIL (I) CONSULTANT FURNISHES PROOF OF INSURANCE AS REQUIRED BY SECTION 10 BELOW, AND (II) CITY

GIVES WRITTEN AUTHORIZATION TO PROCEED WITH THE WORK
PROVIDED BY CITY'S PROJECT MANAGER. ALL SERVICES SHALL

BE COMPLETED ON AN ONGOING BASIS IN ACCORDANCE WITH
THE GOLETA VALLEY LIBRARY’S NEEDS. . OWNERSHIP OF

DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and intern al memorandum), including duplication of same prepared by CONSULTA NT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CI T Y . C I T Y agrees to hold CONSULTANT harmless from all damages, claims, ex penses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written au thorization of CONSULTANT is first obtained.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Sarah Fischer, Account Executive, is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicat e with, and periodically report to, CITY on the progress of the work. Shou ld any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigne d or subcontracted without the City Manager’s prior written consent.











6 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 4 of 12 ends

9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employ ees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damag es, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, t o CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT i s on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under t h i s AGREEMENT.
(b) Defense and Indemnity of Third-Party Claims/Liability.

CONSULTANT shall investigate, defend, and indemnify CITY, its e lected officials, officers, agents, and employees, from any claims, la wsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general l iability, automobile, infringement of copyright/patent/trademark, or professional err ors and omissions arising out of, directly or indirectly, an error, negligence, o r omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the will ful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performi n g t h e s e r v i c e s described in, or normally associated with, this type of contrac ted work. The duty to defend shall include any suits or actions concerning any act ivity, product or work required under this AGREEMENT, and also include the paymen t of all court costs, attorney fees, expert witness costs, investigation costs , claims adjusting costs and any other costs required for and related thereto. (c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under th is section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provid e insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as othe rwise approved by CITY.

Insurance shall include the following (or broader) coverage:











7 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 5 of 12 ends

a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prio r to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.

b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.

c) Workers’ Compensation insurance complying with California wo rker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 pe r accident or disease.

d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amo unt of $1,000,000 per claim.

Liability insurance policies requi red to be prov ided by CONSULT ANT hereunder shall contain or be endorsed to contain the following provisions:

a) Except for professional liability insurance, CITY, its emp loyees, officials, agents and member agencies shall be covered as addit ional insureds. Coverage shall apply to any and all liability arisin g out of the work performed or related to the contract. Additional insu red status under the general liability requirement shall be provide d on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for comp leted operations shall be provided either in the additional insured f orm or through another endorsement such as CG 20 37, or its equivalent.

b) General and automobile liability insurance shall apply sep arately to each insured against whom a claim is made or suit is brought, e xcept with respect to the limits of the insurer’s liability. Coverag e will not be limited to CITY’s vicarious liability.

c) Professional liab ility insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of t he services required by this agreement.











8 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 6 of 12 ends

d) Except for professional liability insurance, liability cov erage shall be primary and non-contributing with any insurance maintained by CITY.

e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shal l not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to CI TY.

Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.

f) No liability insurance coverage provided to comply with th is AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.

g) CONSULTANT agrees to deposit with CITY within fifteen days o f Notice to Proceed of the Contract certificates of insurance and required endorsements.

h) There shall be no recourse against CITY for payment of pre miums or other amounts with respect to the insurance required to be prov ided by CONSULTANT hereunder. Any failure, actual or alleged, on th e part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under th is AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.

i) CONSULTANT agrees to provide immediate notice to CITY of a ny claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor th e handling of any such claim or claims if they are likely to involve CITY.

11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT sha ll be solely responsible for any workers compensation insurance, withholding taxes, 









9 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 7 of 12 ends

unemployment insurance, and any other employer obligations asso ciated with the described work.

12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTAN T shall correct, at its expense, all errors in the work that may be dis closed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or wi thheld from any funds due to CONSULTANT hereunder.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the servi ces agreed to be performed under this AGREEMENT. If termination is for cause, n o notice period need be given. In the event of termination, CONSULTANT shall h ave the right and obligation to immediately assemble work in progress for the p u r p o s e o f closing out the job. All compensation for actual work performe d and charges outstanding at the time of termination shall be payable by CITY t o CONSULTANT within 30 days following submission of a final state ment by CONSULTANT unless termination is for cause. In such event, CON SULTANT shall be compensated only to the extent required by law.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under th is AGREEMENT shall operate as and be a release of CITY from all cl aims and liabilities for compensation to CONSULTANT for anything done, f urnished, or relating to CONSULTANT'S work or services. Acceptance of payme nt shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of th at check.

However, approval or payment by CITY shall not constitute, nor b e d ee med , a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTS for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT , its employees, subcontractors, agents and consultants.

15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may d e e m necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters cove red by this AGREEMENT and will permit CITY to audit, examine and/or reprodu ce such 









10 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 8 of 12 ends

records. CONSULTANT will retain such financia l records, time s heets, work progress reports, invoices, bills and project records for at le ast two years after termination or final payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective o f the length of time for which such failure continues, shall not constitute a w aiver of such party's right to demand strict compliance by such other party in the fu ture. No waiver by a party of a default or breach of the other party shall be effe ctive or binding upon such party unless made in writing by such party, and no such wa iver shall be implied from any omissions by a party to take any action with r espect to such default or breach. No express written waiver of a specified de fault or breach shall affect any other default or breach, or cover any other pe riod of time, other than any default or breach and/or period of time specified. Al l of the remedies permitted or available to a party under this AGREEMENT, or at l aw or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with resp ect to any other permitted or available right of remedy.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term o f this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.

18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a publi c benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties.

Wherever required by the context, the singular shall include th e plural and vice versa, and the masculine gender shall include the feminine or n eutral genders or vice versa.

19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties sh all attempt to avoid and minimize the damages resulting from the conduct of the other party. 









11 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 9 of 12 ends

20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the Sta te of California.

Should litigation occur, venue shall be in Superior Court of Sa nta Barbara County.

21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disa bility, marital status, or any other characteristic protected under applicable federal or state law.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpa yer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY ha s not appropriated sufficient funds for payment of CONSULTANT service s beyond the current fiscal year, this AGREEMENT shall cover only those cost s incurred up to the conclusion of the current fiscal year.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEM ENT and all other terms of th is AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.

25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.

26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain duri ng the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.










12 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 10 of 12 ends

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or inte nt of any provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREE MENT on its behalf and bind said party and its respective administra tors, officers, directors, shareholders, divisions, subsidiaries, agents, emplo yees, successors, assigns, principals, partners, joint venturers, insurance carri ers and any others who may claim through it to this AGREEMENT.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties here to with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of compet ent jurisdiction to be invalid, void or unenforceable, the remainin g provisions will nevertheless continue in full force without being impaired or i nvalidated in any way.

31. NOTICES
Any notice required to be given hereunder shall be deemed to ha ve been given by depositing said notice in the United States mail, post age prepaid, and addressed as follows:

TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Sara Fischer, Account Executive
147 Timberwolf Drive
Holland, OH 43528











13 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 11 of 12 ends

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

_____________________________ ___________________________ __ Michelle Greene, City Manager Sara Fischer, Account Executive

A T T E S T

_____________________________ _____________________________ Deborah Lopez, City Clerk Ann Ford, Director of Sales

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney











14 City of Goleta
Neighborhood Services--Library and Midwest Tape

Page 12 of 12 ends











15 EXHIBIT A

Scope of Services and Cost Proposal Schedule

16 Exhibit A
Scope of Services and Cost Proposal Schedule

Provision A - Part 1- (Vendor Services)

Vendor will provide the following services and agrees to the following terms:

1. Provide multiple accounts based on service specifications to be determined by the Library.

2. Provide same terms to be applied to all accounts.

3. Vendor ability to accept electronically transmitted orders.

4. Apply full discount to all titles for which the publisher pr ovides a full discount to the vendor. (specify discount rates for different material types, as well as discounts for multiple copies of the same title)

5. Distribution center located in the western region of the Uni ted States or 2-day air delivery.

6. Shipment from one or more secondary distribution centers wit h same terms applied (land delivery is acceptable).

7. Ability to place orders and receive invoices electronically utilizing EDIFACT standard.

8. 10 days fulfillment time from date of order to shipment for books in inventory, including those with processing as described in Provision B, C & D.

9. Ship complete orders per Libr ary instruction, partial shipments accepted.

10. Confirmation of status report available immediately upon electronic transmission of order.

11. Provide email notification of publication changes (title, publication date, publisher, etc.).

12. Separation of invoices corresponding to single accounts (will not mix accounts on an invoice).

13. Provide one original invoice and a packing list with shipment. Electronic invoices available upon request.

14. Ability for Library to determine cancellation cycle with guaranteed return for credit of titles shipped after cancellation.

15. Project Manager assigned to library account to oversee all aspects of customer care.

16. Toll free phone number and email for customer service including: invoice/billing inquiries, special orders/problems.

17. Local sales representative assigned to Library.

18. Acceptance of returns, including but not limited to vendor error and defective material.

19. Vendor pays return shipping on all accepted returns.

20. Added Value Service charges will not be incurred for cancellations or returns.

21. Library Materials are to be delivered to: Goleta Valley Library, 500 N. Fairview Avenue, Goleta CA 93117

22. Shipping containers, including contents, shall not weigh more than 25 pounds.

23. The vendor shall not charge shipping fees that exceed standard USPS or UPS shipping rates.

24. The Library expects to receive items ordered in advance of the publication date at least five (5) working days ahead of the on-sale date when allowed by the publisher.

25. The vendor must describe any standing order plans available, such as automatic purchase or shipment plans, and the costs for such plans.

26. The vendor will preferably be able to provide a 9xx field in each bibliographic record. This field shall be populated with order information, including fund, item price, purchase order number, and order date.

27. A monthly statement of outstanding invoices and credits.

Samples of the following with are included in the attached Exhibits:
a. Invoice
b. Packing slip
c. Status report
Please see Exhibit 1
Please see Exhibit 2
Please see Exhibits 3 & 4

17 PROVISION A - Part 2- (Vendor Services Pricing/Discount Offered) Offerors are to quote discount(s) from publisher’s current list price.

WITH THE EXCEPTION OF THE APPLICABLE CALIFORNIA STATE SALES TAX , PRICE

SHALL BE INCLUSIVE OF ALL COSTS INCLUDING FREIGHT/DELIVERY/SHIP PING & HANDLING CHARGES AND PROFIT.

Line # Description Price Quote

10 Spoken Word MP3 CD
Please note that Midwest Tape carries
Playaways (Audiobooks on portable devices
and this discount is applicable to that format
only.)
List Price Less 20 %

11 Spoken Word on CD

Sold at Retail Price; repackaged into our
SoundSafe Case at no charge.

List Price Less 0 %

12 Shelf Ready Cataloging and Processing

List Price Less Not discounted %

15 RFID Tags
a) Provided by Vendor
b) Provided Goleta Valley Library

List Price Less Not discounted %
RFID Tags or overlays can be provided and are part
of our processing services. Prices for this service
(vendor supplies applied and activated) are noted
in section Provision D.

16 Bar Codes
Please see Midwest Tape's Section 4 for an
outline of processing services offered. Pricing
offered in Provision D below
List Price Less Not discounted %
17 Library Packaging for all Non-Print Titles (i.e.

Spoken Words CDs, MP3 CDs)
List Price Less Not discounted %
Please see Midwest Tape's Section 4 for an outline
of processing services offered. Pricing offered in
Provision D below

18 Original Cataloging
Full Level Records - $1.20 per title (not per item)
List Price Less Not discounted %

19 Additional Items/Charges (if applicable)
949 Item Tags provided at $0.25 per tag.

List Price Less Not discounted %
20 DVD/Blu-Ray DVDs 25% off MSRP
21 Music CDs 25% off MSRP

18 PROVISION B (Collection Development):

Vendor will provide the following services and agrees to the following terms:

1. Include online collection dev elopment software/internet access with sufficient logins (minimum of 8) for library needs at no extra cost.

2. Include customized collection development services at no ext ra cost.

3. Vendor website that provides electronic real- time web-based interface to its inventory and warehouse availability: including the ability to show quantities of items in stock; on order by warehouse location; pre-pub; out-of-stock; out of print and “apply direct” titles.

4. Full text literary reviews from nationally recognized professional sources (such as Publisher’s Weekly, Library Journal, School Library Journal, and Booklist) and/or citations which cite the magazines in which literary reviews appear.

5. Formal and informal training and support of the online tool, including how it interfaces with Koha, provided at no additional cost.

PROVISION C (Cataloging):

Vendor will provide the following services and agrees to the following terms:

1. Ability to fulfill customized spine label cuttering instructions in an electronic order that override standard spine label cuttering instructions.

2. Ability to assign Dewey call numbers according to Library specifications/ customizations.

3. Ability to overlay catalog full MARC 21, Level K, records over brief acquisition records in ILS.

4. Interfacing with the Koha ILS system.

Vendor’s cataloging services are more fully described below:

- If an OCLC record does not currently exist on WorldCat, Midwest Tape will provide a scanned image of the product to OCLC on a dedicated site, while at the same time creating a Level K record on WorldCat with our Midwest Tape OCLC Symbol (TEFMT). OCLC will review this information via access to the same site and complete original cataloging on these items.
- All New Release titles will be cataloged no later than four t o six weeks prior to street date, ensuring an appropriate time period to have MARC records completed, and product processed and delivered to your library by street date.
- New records will comply with today’s RDA standards. However, back catalog titles may either be AACR2 designed or a hybrid of both.

- Data Entry staff members will continually monitor studios/pub lisher websites for upcoming releases and/or rereleases of popular materials.

- Data Entry staff (including an MLS Librarian with specializat ion in audiovisual materials) will create what are called Level K records directly into World Cat (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.

- Vendor MARC records (FREE): The records can be downloaded directly from our website at the time of order with specialized 9xx order tag programming available t o better assist your library with downloading of information into the Koha ILS program. A sample of these vendor records have been included as Exhibit 5.

19 - Full MARC records ($1.20 per title): These records are the by-product of the Midw est Tape created Level K record and are completed by OCLC. This most popular level of record is what your library can access through WorldCat, at a fraction of the cost. However, th ese are not tailored to local cataloging practices. This level of record is by far the most cost and time effective level of record.

- When a title is already owned by the library and only item tags need to be provided for upload into the existing record, Midwest Tape can provide those tags for only $0.25 per 949 item tag. 20 PROVISION D (Materials Processing):

Audiobook Physical processing
Cost Description Supplier Placement Application Notes
$2.32 Encoded RFID
Tag
Vendor Attach on inside
back of graphics,
lower right corner
All materials
$0.00 (included
in our digital
processing
service)
Property
Label GVL
– Red
Label
Solvang –
Orange
Label
Buellton – Tan
Label
Vendor Printed on front
cover insert,
reading vertically
down along
spine,
¼” from spine.

All materials
$0.67 HUB Label
with 2 letter
branch code
and last 4
digits of
barcode
Vendor Attach to center of
CD. Use GO, BU,
SO codes

$0.00
Repackaging Vendor R epackage into standard
DMP cases
$0.00
(included
in our
digital
processing
service)
Barcode Vendor Midway along top
cover ¼” from top
All materials
$0.00
(included
in our digital
processing
service)
Spine Label Vendor Spine of gr aphics
flush with the
bottom edge

$0.00
(included
in our digital
processing
service)
Additional
spine labels
(Genre, New,
etc.)
Vendor Apply on the
outside of case
above the spine
label/genre.

Only for items that meet
spec criteria.

21 Audiobook spine and call number details

1. Refer to table below for font and size specifications

2. Placed flush with the spine’s bottom edge

3. Omit punctuation

4. Spell out numbers and exponents

5. Cutter with author’s full last name for fiction, and Dewey Deci mal up to 4 numbers after decimal plus author’s full last name for non-fiction. Biographies should have full last name for the subject of the biography. Please note that the services below for DVDs are inclusive of all requirements through our VIP digital processing program. VIP digital processing services will be provided for Goleta’s DVD, Blu-Ray DVD, Music CD, and Audio Book materials. This patented digital process eliminates the need for labels by scanning the original packaging and digitally embedding all of the library’s labels directly into the artwork.

DVD/BluRay Physical processing
Cost Description Supplier Placement Application Notes
$2.47 Encoded RFID
Tag with 2 letter
branch code
(stingray type) GO
BU
S
O
Vendor Center of disc;
for multi discs
item, place tag
on 1st disc
All materials
$0.32 If it is a double
sided disc, use
the donut HUB
with 2 letter
branch code and
last 4 digits of
barcode
Vendor Center of disc All materials
$0.67
Repackaging Vendor N/A Repackage into standard
cases for DVD/Blu Ray $0.00 (included in our digital processing service) Barcode Vendor Front, middle, top All materials
$0.00 (included
in our digital
processing
service)
Spine label Vendor Place on spine of
DVD/Blu Ray
1 x 1 ½ white label
case, bottom,
centered
$0.00 (included in our Branch label Vendor Branch sticker digital
processing
service
)
placed vertically
down front cover,
left side, ¼” from
spine

22 DVD/Blu Ray spine and call number details

1. Refer to table below for font and size specifications

2. Placed flush with the spine’s bottom edge

3. Omit punctuation

4. Spell out numbers and exponents

5. Cutter with author’s full last name for fiction, and Dewey Decimal up to 4 numbers after decimal plus author’s full last name for non-fiction. Biographies should have full last name for the subject of the biography.

CD Physical processing
Cost Description Supplier Placement Application Notes
$2.47 Encoded RFID
Tag with 2 letter
branch code
(stingray type) GO
BU
S
O
Customer Center of disc;
for multi discs
item, place tag
on 1st disc
All materials
$0.32 If it is a double
sided disc, use
the
donut HUB with 2
letter branch code
Vendor Center of disc All materials
and last 4 digits of
barcode

$0.00 Repackaging Vendor N/A R epackage into soft, see- through, plastic sleeve
CD Digital processing
$0.00 Barcode Vendor Font, middle, top All materials
$0.00 Spine label Vendor Front, upper left Size ¾ x 1
$0.00 Branch Label Vendor Down left side,
front cover insert
Size ¾” ½”
Please note that the services above for Music CD's are inclusive of all requirements through our VIP digital processing program. Please see Section 4, page 17 -18 for full details. 23 INVOICE
Terms: 30 Days Net
Invoice No.: 501913870
Invoice Date: 04/01/2022
Customer: 2000016689
Delivery: 88599764
Customer PO: GVABKONCD11822
Ship Via: United Parcel Service (UPS)
Page: 1 OF 1
Bill To:

GOLETA VALLEY LIBRARY

PROCESSING ACCOUNT
130 CREMONA DRIVE
GOLETA, CA 93117
USA
Ship To:

GOLETA VALLEY LIBRARY

GOLETA VALLEY LIBRARY
500 NORTH FAIRVIEW AVE
GOLETA, CA 93117
USA
Remit ACH/wire payments to:

Beneficiary Bank: Key Bank
Beneficiary Bank Routing Number:
041001039
Beneficiary Account Name: Midwest Tape
LLC
Beneficiary Account #: 359681423026
Qty UoM Format
Delivery
Description
Stock # OCLC# Customer Item# Retail Price Extension
1 EA ADB YOUNGER WIFE, THE 8D
*** Do Not Display Above Item Until: 04/05/2022
14231559 1302210735 351049 39.99 39.99 39.99
ONum 1376433 Fund Adult audiobook
Branches: GO:1-1
1 EA Product Sub-total: 39.99
Processing Charges
1 ADBPROCFLAT AUDIOBOOK PROCESSING 2.99 2.99
Processing Service Sub-total: 2.99
Sales Tax @ 7.75%: 3.33
Please pay this amount in USD: 46.31
Exhibit 1Exhibit 1
24 Packing Slip Customer: 2000016689
Ship To: 3000054789
Delivery: 88599764
Date: 06/23/2022
Customer PO: GVABKONCD11822
Ship Via: UPS
Shipment 2485567
Sold To: GOLETA VALLEY LIBRARY

PROCESSING ACCOUNT
130 CREMONA DRIVE
GOLETA CA 93117
USA
Ship To: GOLETA VALLEY LIBRARY

GOLETA VALLEY LIBRARY
500 NORTH FAIRVIEW AVE
GOLETA CA 93117
USA
Page: 1 of 1
Qty UOM Format Description Stock# OCLC# ISBN# UPC#
1 EA ADB YOUNGER WIFE, THE 8D
14231559 1302210735 9781250835659 9781250835659
Branches: GO:1-1
ONUM: 1376433 CUST LN ITM# 351049
-----
1 EA
Exhibit 2Exhibit 2
25 PRODUCT ID STOCK NUMBER TITLE QTY PRICE EXT PRICE MEDIA PO STREET ACCOUNT ORDERED 11892371 11892371 LOST ON YOU 1 10.39 10.39 Music CD GOMUSICCD382019 ON ORDER 2000016506 (2000016506) -

GOLETA PUBLIC

LIBRARY
03/08/2019
12306928 12306928 WEEZER (TEAL ALBUM) 1 11.19 11.19 Music CD GOMUSICCD382019 ON ORDER 2000016506 (2000016506) -

GOLETA PUBLIC

LIBRARY
03/08/2019
Grand total 2 21.58
1Page 1 ofOPEN ORDERS REPORT
PLEASE NOTE: THIS IS NOT AN INVOICE.

IF A TITLE DOES NOT HAVE A RELEASE DATE, IT IS A BACKORDER, AND WILL SHIP AS SOON AS IT ARRIVES TO OUR WAREHOUSE.

P.O. Box 820
Holland, Ohio 43528
PHONE: 800-875-2785
FAX: 800-444-6645

OPEN ORDERS REPORT
Account: 2000016506 (2000016506) - GOLETA PUBLIC LIBR
Date: Mon Apr 01 12:30:47 UTC 2019
Exhibit 3Exhibit 3
26 PRODUCT ID STOCK NUMBER TITLE QTY PRICE EXT PRICE MEDIA PO STATUS CANCEL 10492503 TWT2276135D DYLAN DOG - DEAD OF NIGHT 1 5.24 5.24 DVD GOADVD3819 Out of Print 03/13/2019 10488334 AMV868193D GARROW'S LAW - SERIES 2 1 29.99 29.99 DVD GOADVD3819 Out of Print 03/13/2019 Grand total: 2 35.23
1Page 1 ofCANCELLATION NOTICE
The above items have been CANCELLED from your account.

P.O. Box 820
Holland, Ohio 43528
PHONE: 800-875-2785
FAX: 800-444-6645

CANCELLATION NOTICE
Customer: GOLETA PUBLIC LIBRARY (all accounts)
Date: Mon Apr 01 12:29:26 UTC 2019
Date range: 03/02/2019 - 04/01/2019
Exhibit 4Exhibit 4
27

← All documents from this meeting