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A6231 - MK SOLUTIONS INC. LIBRARY AUTO MATERIALS HANDLING SYSTEM
AMENDMENT NO. 1 TO PROFESSIONAL SERVICE AGREEMENT Service Level Agreementby mk Solutions, Inc. (Agreement No. 6231) THIS FIRST AMENDMENT to the Professional Service Agreement No. 6231 for Servicgg Level Agreement is made and entered into to be effective on the 1a*�day of r , 201$by and between the City of Palm Springs, a California charter city and municipal corpor ion (hereinafter referred to as the City), and mk Solutions, Inc., a Delaware corporation, its subsidiaries and affiliates (hereinafter referred to as "Consultant") collectively, the "Parties". RECITALS A. City and Consultant previously entered into a professional service agreement for onsite service and support, which was made and entered into on May 17, 2012 (the"Agreement"). B. Section 3.4 of the Agreement provides that the Agreement term shall not exceed six (6) years and any extension must be through mutual written agreement of the Parties. C. City and Consultant desire to amend the Agreement to authorize Consultant to perform onsite service and support at the Silver Level in the amount not-to-exceed $23,900.00 for the period September 23, 2018 through September 22, 2019. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Amendment to Section 1.1, Exhibit "A" of the Agreement, entitled "Scope of Services": Exhibit"A"of the Agreement is hereby amended to include the following additional services,which shall read as follows: SCOPE OF WORK: Consultant shall provide onsite service, maintenance and support per the scope of work as defined in the attached proposals Per Exhibit"A"of the Agreement, RFP#02-12, Section C:Work Proposal,Annual Warranty Extension: Silver: The Library pays a 50% deductible on hardware replacement and includes one scheduled "custodial' visit per year. Annual Maintenance/Custodial Visits One annual maintenance/custodial visit is included with the silver and gold warranty to make any necessary adjustments and to confirm that all mechanical parts are functioning properly. In addition to a full system cleaning, a PCcleaning will be conducted. The technician will check all belts, components and confirm the alignment of the system. The visit includes a check of all hardware, software and any adjustments that might be needed. 2. Amendment to Section 2.1, Exhibit"A"of the Agreement,entitled"Compensation": Exhibit "A" of the Agreement, concerning total compensation, is hereby amended to read as follows: QRIGIN&BID ANDIOR AGREEMENT "Compensation": For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit "A", $23,900 per year for the Silver Plan annual maintenancelcustodial visits defined in the attached proposals for the period of September 23, 2018 through September 22, 2019, subject to a 2.5% annual price increase. 3. Amendment to Section 3.2 Exhibit "A" of the Agreement, entitled "Schedule of Performance': Exhibit "A"of the Agreement is hereby amended to include the following additional provisions: "Schedule of Performance:" Effective September 23, 2018 thru September 22, 2019, Consultant shall provide onsite service and support. 4. Amendment to Section 9.3 Exhibit"A" of the Agreement. entitled "Covenant Against Discrimination. Exhibit "A" of the Agreement is hereby amended to read as follows: "Covenant Against Discrimination" In connection with its performance underthis Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition(each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment,without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship;and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 5. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 6. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 2 IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA A By B Ahth&y Mejia, City David H. Ready, Cityl anager Date: 2 +C2 Date &� APPROVED AS TO FORM: City Attorney Date: 3-1 11 19 "CONSULTANT" mk Solutions, Inc. 3k9noU Aiy33i By: Markus lory, nt Date: 12/18/2018 3 CALIFORNIA AI L411URPOSE ACKNOWLEDGMENT state of GMAX48 f)tJ)')'LJ(Udt2lcl- County of Dekre me, y Cbfp 4nN IM d MOf iM gpmr who proved to me or,the bass of satisfactory evidence to be the parson(s)whose names)islare subscribed to the within i strument and acknowledged to me that ha(she/they executed the some in hislhedtheir auahohzed capacity(les),and that by Wieritheir sitpla{uie(s)on the nstrumeta Ow persons), or the entity upon behalf of COMMONWEALTH OF PENNSYLVANIA which the pe!son(s)acted,executed the Instrument. NOTARIALSEAL Sarah Force,Notary Public I certify under PENALTY OF PERJURY under the laws Camp Hill Boo,Cumberland County of the State of California that the foregoing paragraph Is My Commission Expires July 19.2021 true and correct. MEMBER,PENNSYLVANIAASSOCIATION OF NOTARIES WITNESS my hand and official seal. �) Signature, ( G:u �� h/`y �- plfnfNiuTa.lAvea 3ytin,n fnq ncr � OPTIONAL Though dre iarxnufion aabw le nor repotted dY raw,C msypp v valuable ro peraars rayvfp urt Ae document &hod eVUN(UCWM(Mb*&nr/ 1,81 Sal A04111C/ImBIOf b15 kVM to Hmftwr ltll('AMWW, DeserWain of Attached Document Title orTyPea Document; _ `.0 SZ-cttd! _ .tvinR� ooaanwtt Due: I S 4 C I F �'Z Number et Pages: ✓' - $grrar(s)Oerer Ttmn Namlicl Above: ...11.!> cappoI4,0 a)CiWmed W 3119neRs1 I d I l l a c(x/ ra4 air e C Signers Name: p IndividualIrdvidual ❑ Corporate Officer—T'de(s); .__._.. i::Corporate Officer—Tale(s):......_...... �._____m_______ LI Parner—L I Umfled ❑Generd ❑Partner——Umdm G Oeneral LLJ Attorney in Fact .:Attorney In Fact O Trustee rip a� .Ib nve :.'Trustee :Tcoa munn lwa Li Guardian or Conservator Guardian or Conservator O Other._._.__ Other: Slgrw Is Representing: Signer Is Representing: ewwNfw.u+f.nAfna.�f,•rawdsui AN.,PAes ame•ri.mane.iA crolarce•wwaryvm.!lroywr pm wcm nmaf,.wwwlmfsonm ern Me IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. 4 mk Solutions, Inc. Invoice 75 Acco Drive,Suite A-3 York,PA 0438 Date Invoice# SOLunoes (860)760-0438 accounting.us@mk-solutions.com 10130/2018 70171 Bill To Ship To City of Palm Springs Accounts Payable 300 S.Sunrise Way Palm Springs,CA 92262 USA S.O. No. P.O. No. Terms 60151 18-0583:0 Due on receipt Item Description Qty. U/M Price Each Amount SLA-2Silver Service Level Agreement:Silver Coverage 1 23,900.00 23,900.00 Period:September 23,2018 until September 22,2019 Annual price increase 2.5% Covered Equipment: 0.00 1 ea.mk Return-and Sorting System 7-way 4 ea.mk RFID SelfCheck SC3 3 ea mk StaffStation Kit 1 ea mk Security Gate Dual Aisle 1 ea mk LibManager Subtotal USD 23,900.00 Pay via ACH, Credit to:mk Solutions,Inc.-BB&T,2508 Eastern Blvd York,PA 17402 Sales Tax (9.25%� ❑SD 0.00 ACH Routing #031309123 and Checking Account# 1390005779649 mk Fed ID#61-1573837&Canadian Buisness#819831090 RT001 Total USD 23,900.00 ACOR ® CERTIFICATE OF LIABILITY INSURANCE GATE IMM DLYyYTY) O tl25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policyiies)must have ADDITIONAL INSURED provisions or be andorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemeni(s). PRODUCER CONTACT NAME: Cindy Goody Summit First insurance,LLC PHONE Ea (860)392 3939 MC 55)473-4329 10 Library Lane ADDRESS: INSURER(ST AFFORDING COVERAGE NAIC4 Simsbury CT 06070 INSUIMRA: Hanford Casually Insurance Company 29424 INSURED INSURERS: Rated by Multiple Companies 00914 Mk Solutions,Inc INSURER c: INSURER D 75 A=Drive Suite A-3 I INSURER E York PA 17402 INSURER F: COVERAGES CERTIFICATE NUMBER: CLI911601937 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI Or) INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE NSD wo POLICY NUMBER MMIDOMYY) IMMODPOLICYW"i LIMITS CON ERCUILGENERALLMe1LITY EACHOCCURRENCE 5 1.000,000 CLAIMS-MADE FXI OCCUR PREMISES . B S 500,000 MEDEXP(Myero rsonl $ 10'ODO A Y 02SOAAK0485 0212712019 02/27/2020 PERSONAL A ADV INJURY S 1.000,000 GEN'LAGGREGATE LIMIT APPLIES PER GENERALAGGREGATE 5 2,000,000 POLICY ❑JEECT LOG PRODUCTS-COMPIOPAGG 5 2.000,000 OTHER s AUTOMOBILE LIABILITY COMBINED It L LIMIT s 1.000,000 Ea aoPWnt ANYAUTO BOOILY INJURY IPel Personl S A GAINED SCHEDULED Y 02SBAAK0485 02/272019 02I271P()20 BOOILY INJURY Per a iWRI) S AUTOS ONLY AUTOS HIRED NalLMNED PERTY DAMAGE s AUTOS ONLY AUTOSONLY Per amderA 5 UMMELLA LIAR OCCUR EACH OCCURRENCE 5 2000000 A EXCESSLMB C4AIMS MADE Y 02SBAAK0485 02/272619 02/2712020 AGGREGATE s 2000.000 DIED RETENTION S 10•00 s INGRKERS COMPENSATION I PER H- AND EMPLOYERS*LIABILITY STATUTE I_ ER B ANY PROPRIETORIPARTNER/EXECUTNE YIN EL.EAcnacGOENi 1000000 OFFICERMEUDER EXCLUDED? NIA 02WBCE12027 02127/2019 02/27/2020 5 Phrldataryln NN1 EL DISEASE EA EMPLOYEE Is 1,000.000 Ilyes.desuMeundx DESCRIPTION OF OPERATIONS Wt. EL DISEASE POLICY LIMIT S 1000.000 DESCRIPTION OF OPERATIONS I LOCATIONS!VENICLE6(ACORD lol.AddlliaMl AvmaRa ScM4Wa,may be alraebep I mae apace b nwUadl Certificate holder Including The City Of Palen Springs,Lis officials employees and agents are named as an add tlonal insured. This insurance Is primary and non-conmbutory 30 days wrilten notice of cancellation is applicable with 10 days notice of non payment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs CA 92262 (D1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(20161031 The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other If notice is mailed, proof of mailing to the last known than for non-payment of premium, notice of such mailing address of the certificate holder(s) on file with cancellation will be provided at least thirty (30) days the agent of record or the Company will be sufficient in advance of the cancellation effective date to the proof of notice. certificate holder(s) with mailing addresses on file An notification rights with the agent of record or the Company. apply only to active y no 9 provided by this endorsement ssued B. If this policy is cancelled by the company for non- a certificate of insurance'applicable tocate sth s h policy's o were ,term, payment of premium, or by the insured, notice of Failure to provide such notice to the certificate holder(s) such cancellation will be provided within ten (10) will not amend or extend the date the cancellation days of the cancellation effective date to the becomes effective, nor will it negate cancellation of the certificate holder(s) with mailing addresses on file policy. Failure to send notice shall impose no liability of with the agent of record or the Company, any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 © 2011, The Hartford POLICY NUMBER: 02 SBA AK0485 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PERSON ORGANIZA'11ON CITY OF PALM SPRINGS 3200 £ TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 COUNTY OF ONONDAGA ONONDAGA COUNTY PUBLIC LIBRARY 447 S SALINA ST SYRACUSE, NY 13202 2494 RE: L07 OC1 CITY OF MOUNTAIN VIEW ELLEN BOYD 500 CASTRO STREET MOUNTAIN VIEW, CA 94C41 RE: LOC: 001 & BLDC: ACCO PROPERT€.ES - C/O BENNETT WII.f.IAMS 3528 COHCROU ROAD YORE, PA. 17402. LOC 001 BLDG 001 TEXT: LOC 001 BLDG 001 CTTY OF HAMITJON PURCHASING DEPT 120 KING STREET WEST, 9TH FL HAMILTON ON L6P 4V2 THE CITY OF EDMONTON LIBRARY HOARD 7 SIR WINSTON CHURCHILL SQUARE EDMONTON, AB TSJ 2V4 CITY OF ESCONDIDO, A MUNICIPAL CORPORATION 201 N. BROADWAY ESCONDIDO, CA 92025 FormlH12001185T SEG.No. (K)I Printed in U.S.A. Page I III (CONTINUED ON NEXT PAGE) Process Date: 12/18/18 Expiration Date: 0 2/27/2 0 POLICYNUMBER: 02 SBA AK0485 z THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL SNSURED PERSON ORGANIZATION CITY OF ALHAMBRA 111 SOUTH FIRSI" STREET ALHAMBRA, CA 91801 Form IH12001185TSEMNO. o01 PrintedinU.S.A. Page 1:a2 (CONTINUED ON NEXT PAGE) Process Date: 1: -`7F, i.A Expiration Date: 02/27/20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the"Insured"for movement into expressly modified herein: or onto the covered "auto"; or c. After the "pollutants" or any property in A. Amended Coverage: which the "pollutants" are contained are Coverage is extended to "bodily injury" and moved from the covered "auto" to the place "property damage" arising out of the use of a "hired where they are finally delivered, disposed of auto"and"non-owned auto". or abandoned by the "insured". B. Paragraph B. EXCLUSIONS is amended as Paragraph a. above does not apply to fuels, follows- lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or 1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanical functioning of the covered auto". "auto"or its parts, if: 2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily Injury" to domestic "employees" or are discharged or released directly not entitled to workers' compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or insured contract". dispose of such "pollutants"; and 3. Exclusion I. Pollution is replaced by the (2) The "bodily injury" and "property following: damage' does not arise out of the "Bodily injury" or "property damage" arising out operation of any equipment listed in of the actual, alleged or threatened discharge, paragraphs 15.b. and 15.c. of the dispersal, seepage, migration, release or definition of"mobile equipment'. escape of"pollutants": Paragraphs b. and c.above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises property that is: owned by or rented to an "insured" with (1) Being transported or towed by, handled, respect to "pollutants" not in or upon a or handled for movement into, onto or covered"auto"if: from,the covered"auto"; (1) The "pollutants" or any property in (2) Otherwise in the course of transit by or which the "pollutants" are contained are on behalf of the"insured"; or upset, overturned or damaged as a result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto"; and processed in or upon the covered "auto". b. Before the "pollutants" or any property in which the "pollutants" are contained are Form SS 04 38 09 09 Page 1 of 3 © 2009, The Hartford (Includes copyrighted material of ISO Properties, Inc.,with its permission) (2) The discharge, dispersal, seepage, company) for an"auto" owned by him or her migration, release or escape of the or a member of his or her household. "pollutants" is caused directly by such d. Anyone liable for the conduct of an "insured" upset, overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. "auto". 4. With respect to this coverage, the following D. With respect to the operation of a "hired auto" and non-owned auto", the following additional additional exclusions apply: conditions apply: a. Fellow employee 1. OTHER INSURANCE Coverage does not apply to "bodily injury"to a. Except for any liability assumed under an any fellow employee" of the "insured" "insured contract"the insurance provided by arising out of the operation of an "auto" this Coverage Form is excess over any owned by the "insured" in the course of the other collectible insurance. fellow "employee's"employment. b. Care,custody or control However, if your business is the selling, servicing, repairing, parking or storage of Coverage does not apply to "properly "autos', the insurance provided by this damage" involving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured's"care, custody or control. out of the operation of a customer's "auto" C. With respect to "hired auto" and "non-owned auto" by you or your "employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the The following are"insureds": same basis, either excess or primary, we a. You. will pay only our share. Our share is the proportion that the Limit of Insurance of our b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies (1) An "auto" you hire or borrow;or covering on the same basis. (2) An "auto" you don't own, hire or borrow in 2• TWO OR MORE COVERAGE FORMS OR your business or personal affairs; or POLICIES ISSUED BY US (3) An "auto" hired or rented by your if the Coverage Form and any other Coverage "employee" on your behalf and at your Form or policy issued to you by us or any direction. company affiliated with us apply to the same c. Anyone else while using a "hired auto" or "non- accident", the aggregate maximum Limit of owned auto"with your permission except: Insurance under all the Coverage Forms or policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to (2) Someone using an auto while he or she is any Coverage Form or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as repairing, parking or storing "autos" unless excess insurance over this Coverage Form. that business is yours. E. The following definitions are added: (3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners(if you are a partnership), members DEFINITIONS: (if you are a limited liability company), or a y, "Hired auto' means any "auto" you tease, lessee or borrower any their hire, rent or borrow. This does not include from an "auto".employees while moving properly to or any auto you lease, hire, rent or borrow from any of your"employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company), Page 2 of 3 Form SS 04 38 09 09 or your "executive officers" or members of their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2. "Non-owned auto " means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes: a. "Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only white used in your business or your personal affairs. b. Customer's "auto" that is in your care, custody or control for service. Form SS 04 38 09 09 Page 3 of 3 TEAS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM COMMON POLICY CONDITIONS CONDOMINIUM ASSOCIATION COVERAGE HIRED CAR PHYSICAL DAMAGE SPECIAL PROPERTY COVERAGE FORM STANDARD PROPERTY COVERAGE FORM L The following provisions modify the COMMON 2. One- And Two-Family Dwellings And POLICY CONDITIONS. Governmental Units A. CANCELLATION If this policy covers one or two family 1. Condominium Associations dwellings or governmental units (as defined It this policy covers a condominium under 28 Texas Admin, Code, Sec. 5,7001) then the following applies: association and: a. The condominium property contains at a. Paragraph A.5. of the Cancellation least one residence;or Common Policy Condition is deleted and replaced by the following: b. The condominium declarations conform S. If this policy is canceled, we will with the Texas Uniform Condominium send the first Named Insured any Act; premium refund due. The paragraphs A.2. and A.3. of the cancellation will be effective even if Cancellation Common Policy Condition are we have not made or offered a deleted and replaced by the following: refund. 2. We may cancel this policy by mailing or The refund will be pro rala if: delivering written notice of cancellation, a. We cancel this policy;or stating the reason for cancellation, at b. The first Named Insured least 30 days before the effective date of cancellation. cancels this policy because: The notice of cancellation will be (1) We refused to provide provided to the first Named Insured 30 additional coverage which days before the effective date of the first Named Insured cancellation. requested under the policy; We will also provide 30 days written or notice to each unit-owner to whom we (2) We reduced or restricted issued a certificate or memorandum of coverage under the policy insurance. without the consent of the 3. We will mail or deliver the notice(s) to first Named Insured. the Iasi mailing address(es) known to The refund may be less than pro US. rate if the first Named Insured cancels this policy for a reason other than those listed in b.(1) and b.(2) above. Form SS 1011 1015 Page 1 of 7 O 2015, The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission) b. The following provisions are added to 2. We may cancel this policy by mailing or the Cancellation Common Policy delivering to the first Named Insured Condition: written notice of cancellation, staling the (1) If this policy has been in effect for reason for cancellation, at least: 90 days or less and is not a renewal a. 10 days before the effective date of of a policy we issued, we may cancellation. cancel coverage on one- and two- b. It this policy has been in effect for: family dwellings and on governmental units for any reason. (1) 60 days or less, we may cancel (2) If this policy has been in effect for for any reason, except that, more than 90 days or is a renewal under the provisions of the of a policy we issued, we may Texas Insurance Code, we may cancel coverage on one and two not cancel this policy because family dwellings and on the policyholder is an elected governmental units only for the official;or, following reasons: (2) More than 60 days, or it it is a (1) If the first Named Insured does renewal or continuation of a policy issued by us, we may not pay the premium or any cancel only for one or more of portion of the premium when the following reasons, or as due; permitted by Texas law: (fi) If the Texas Department of (i) Fraud in obtaining Insurance determines that coverage; continuation of this policy would result in violation of the Texas (if) Failure to pay premiums Insurance Code or any other when due; law governing the business of (III)An increase in hazard within insurance in Texas; the control of the insured (ifi) If the Named Insured submits a which would produce an fraudulent claim;or increase in rate; (iv) If there is an increase in the (iv)Loss of our reinsurance hazard covered by this policy covering all or part of the that is within the control of the risk covered by the policy; Named Insured and would or produce an increase in the (v) It we have been placed in premium rate of this policy. supervision, conservatorship (3) If such coverage is canceled, we or receivership and the will, at the request of the Named cancellation is approved or Insured, provide a written statement directed by the supervisor, of the reason or reasons for such conservator or receiver. cancellation. S. NONRENEWAL (4) In compliance with Texas law, we The following is added and supersedes any will not cancel such coverage solely provision to the contrary: because the policyholder is an M. Nonrenewal elected official. 3. All Other Risks I. We may elect not to renew this policy. Under the provisions of the Texas If paragraphs 1. or 2. above does not apply, Insurance Cade, we may not refuse to and this policy includes Business Liability renew this policy solely because the coverage then paragraph A.2. of the policyholder is an elected official. Cancellation Common Policy Condition is deleted and replaced by the following: Page 2 of 7 Form SS 1011 1015 2. The transfer of a policyholder between a. We may elect not to renew such admitted companies within the same coverage for any reason, subject to insurance group is not considered a the exceptions and limitations in refusal to renew- Paragraphs b.and c. below. 3. Condominium Associations b. We will not refuse to renew If this policy covers a condominium coverage because of claims for association and: losses resulting from natural a. The condominium property contains causes. at least one residence;or c. Claims That Do Not Result From b. The condominium declarations Natural Causes conform with the Texas Uniform I. If we have previously notified Condominium Act; you as provided in Ii. below, we we will mail or deliver written notice of may refuse to renew coverage if nonrenewal at least 30 days before the the Named Insured has filed expiration or anniversary date of the under this policy, in any three- policy to the first Named Insured to the year period, three or more last mailing address known to us. claims that do not result from natural causes. We will also provide days written If. If the Named Insured has filed notice to each unit-owner to whom we issued a certificate or memorandum of two such claims in a period of insurance, by mailing or delivering the less than three years, we may notice to the last mailing address known notify the first Named Insured in to us. writing that, if the Named Insured files a third such claim II notice is mailed, proof of mailing will during the three year period, we be sufficient proof of notice. may refuse to renew coverage. 4. One- and Two-Family Dwellings and lit. A claim does not include a Govemmenial Units claim that is filed but is not paid It we elect not to renew coverage on or payable under the policy. one-and two-family dwellings or on S. All Other Risks governmental units (as defined under 28 If 3. or 4. above does not Texas Admin. Code, Sec. 5.7001), we apply and we will mail or deliver written notice of elect not to renew this policy, we may do nonrenewal to the first Named Insured so by mailing or delivering to the first and any mortgage holder shown in the Named Insured, at the last mailing Declarations, at least 30 days before the address known to us, written notice of expiration date. Proof of mailing will be nonrenewal, stating the reason for sufficient proof of notice. nonrenewal, at least 60 days before the We will, at the request of the Named expiration date. It notice is mailed or Insured, provide a written statement delivered less than 60 days before the expiration date, this policy will remain in the reason or reasons for such effect until the 61 st day after the date on nonrenewal. which the notice is mailed or delivered. If we fail to give the first Named Insured Earned premium for any period of proper notice of our refusal to renew, coverage that extends beyond the the first Named Insured may require us expiration date will be computed pro to renew the policy. rata based on the previous year's premium. If notice is mailed, proof of mailing will be sufficient proof of notice. Form SS 1011 1015 Page 3 of 7 C. PREMIUMS b. If there is an appraisal: Paragraph 1.3 of the Premiums Condition does (1) You will still retain your right to bring not apply. a legal action against us, subject to It. The following provisions modify the STANDARD or the provisions of the Legal Action SPECIAL PROPERTY COVERAGE FORM. Against Us Loss Condition; and A. EXCLUSIONS (2) We wilt still retain our right to deny Paragraph B. EXCLUSIONS is amended as the claim. follows: 2. Paragraph E.3. of the Duties In The Event Paragraph 2.c.(4) is deleted and replaced by the Of Loss Or Damage Property Loss following: Condition is amended as follows: (4) Settling, cracking, shrinking, expansion a. Paragraph 3.b. is deleted and replaced or contraction; by the following: B. PROPERTY LOSS CONDITIONS b. Give us prompt notice of the loss or damage. Include a description of Paragraph E. PROPERTY LOSS CONDITIONS the property involved. However, is amended as follows: with respect to loss or damage in 1. Paragraph E.2. Appraisal Property Loss the State of Texas caused by Condition is deleted and replaced by the windstorm or hail in the catastrophe following: area as defined by the Texas Appraisal Insurance Code, any claim must be filed with us not later than one year a. If we and you disagree on the value of after the date of the loss or damage the property or the amount of loss (or that is the subject of the claim. net income or operating expense, as However, a claim may be tiled after regards Business Income Coverage), the first anniversary of the date of either party may make written demand the loss or damage when good for an appraisal of the loss. cause is shown by the person filing Each party will select a competent and the claim. impartial appraiser and notify the other b. Paragraph 3.h. is deleted and replaced of the appraiser selected within 20 days by the following: after the written demand for an appraisal has been made. h. Send us a signed, swum proof of The two appraisers will select an umpire. loss containing the information we It they cannot agree upon an umpire request to investigate the claim. within 15 days, then, at the request of You must this within days either you or us, and after the after our request. We willll supply requesting party provides notice of you with the necessary forms. hearing to the non requesting party by 3. Paragraph EA. Legal Action Against Us certified mail, selection of the umpire will Property Loss Condition is deleted and be made by a judge of a district court in replaced by the following: the county where the loss occurred. Legal Action Against Us Each appraiser will state separately the a. Except as provided in paragraph b., value of the property and amount of loss. below, no one may bring legal action If the appraisers submit a written report of agreement to us, the amounts agreed against us under this insurance unless: upon will be the value of the property (1) There has been full compliance with and the amount of loss. If the appraisers all of the terms of this policy;and fad to agree, they will submit their (2) The action is brought within 2 years differences to the umpire. A decision and one day from the date the agreed to by any two will be binding. cause of action first accrues. A Each party will: cause of action accrues on the date (1) Pay its chosen appraiser; and of the initial breach of our contractual duties as alleged in the (2) Bear the other expenses of the action. appraisal and umpire equally. Page 4 of 7 Form SS 1011 1015 b. With respect to loss or damage in the (iv) We need additional lime to Slate of Texas caused by windstorm or reach a decision. If we hail in the catastrophe area as defined need additional time, we will by the Texas Insurance Code, no one inform you of the reasons may bring a legal action against us for such need. under this insurance, unless: We will provide notification, as (1) There has been full compliance with described in b.(i) through b.(iv) all the terms of this insurance; and above,within: (2) The action is brought within the (v) 15 business days after we earlier of the following: receive the signed, sworn (a) Two years and one day from proof of loss and all the date we accept or reject the information we requested; claim;or or (b) Three years and one day from (vi)30 days after we receive the the date of the loss or damage signed, sworn proof of loss that is the subject of the claim. and all information we requested, if we have 4. Paragraph E5. Loss Payment Property reason to believe the loss Loss Condition is amended as follows: resulted from arson. a. The provisions pertaining to notice of If we have notified you that our intentions and the time period for we need additional time to payment of claims are deleted and reach a decision, we must replaced by the following: then either approve or deny (1) Claims Handling the claim within 45 days of (a) Within 15 days after we receive such notice. written notice of claim,we will: (2) Claims Payment (i) Acknowledge receipt of the We will pay for covered loss or claim. It we do not damage within 5 business days acknowledge receipt of the after: claim in writing,we will keep (a) We have notified you that a record of the date, payment of the claim or part of method and content of the the claim will be made and have acknowledgment; reached agreement with you on (if) Begin any investigation of the amount of loss; or the claim; and (b) An appraisal award has been (fit) Request a signed, sworn made. proof of loss, specify the However, if payment of the claim or information you must part of the claim is conditioned on provide and supply you with your compliance with any of the the necessary forms. We terms of this policy, we will make may request more payment within 5 business days after information at a later date, it the date you have complied with such during the investigation of terms. the claim such additional (3) Catastrophe Claims information is necessary. (b) We will nobly you in writing as It a claim results from a weather to whether: related catastrophe or a major natural disaster, the claim handling (I) The claim or part of the and claim payment deadlines claim will be paid; described in a.(1) and a.(2) above (11) The claim or part of the are extended for an additional 15 claim has been denied, and days. inform you of the reasons for denial; (fit) More information is necessary;or Form SS 1011 1015 Page 5 of 7 Catastrophe or Major Natural f. If we cancel this policy, we will give Disaster means a weather related written notice to the mortgage holder at event which: least: (a) Is declared a disaster pursuant (1) 14 days before the effective dale of to the Texas Disaster Act of cancellation if we cancel for your 1975; or nonpayment of premium; or (b) Is determined to be a (2) 30 days before the effective date of catastrophe by the State Board cancellation if we cancel for any of Insurance. other reason. (4) The term "business days" means a If you cancel the policy, we will give the day other than Saturday, Sunday or mortgage holder notice of cancellation a holiday recognized by the stale of to be effective on the date slated in the Texas. notice. The date of cancellation cannot b. The following is added : be before the 101h day alter the date we Liquidated Demand mail the notice. 2. The following provisions apply when the Per Texas Insurance Code, Section CONDOMINIUM ASSOCIATION 862.053, a fire insurance policy, in case COVERAGE form is attached to this policy: of total loss by fire of property insured, shall be held and considered to be a a. The following Property General liquidated demand against the Company Condition is added for the full amount of such policy. This ACT OR OMISSION subsection shall not apply to personal Y an No act or omission b unit-owner property. Y will void this policy or be a condition to C. PROPERTY GENERAL CONDITIONS recovery under this policy. But [his Paragraph F. PROPERTY GENERAL Condition does not apply to unit-owners CONDITIONS is amended as follows: acting within the scope of their authority 1. Paragraphs F.2.d. and F.21 of the on behalf of the Association. Mortgage holders Property General b. The following is added to the Mortgage Conditions are deleted and replaced by the Holders Condilion: following: If the condominium is terminated, we d. If we deny your claim because of your will pay for covered loss of, or damage acts or because you have failed to to, buildings or structures to each comply with the terms of this policy, the mortgage holder shown on the mortgage holder will still have the right Declarations in their order of to receive loss payment if the mortgage precedence,as interests may appear. holder: In all other respects, we will pay for loss (1) Pays any premium due under this to buildings or structures to you or the policy at our request if you have insurance trustee designated for that failed to do so; purpose, in accordance with the Loss (2) Submits a signed, swum proof of Payment Condition in theCONDOMINIUM ASSOCIATION loss within 91 days after receiving COVERAGE form. notice from us of your failure to do so; and D. PROPERTY DEFINITIONS (3) Has notified us of any change in Paragraph G. PROPERTY DEFINITIONS is ownership, occupancy or substantial amended as follows: change in risk known to the Paragraph G. 10. (2) of the STANDARD mortgage holder. PROPERTY COVERAGE FORM and All of the terms of this policy will then Paragraph 12. b. (2) of the SPECIAL apply directly to the mortgage holder. PROPERTY COVERAGE FORM are deleted and replaced by the following: Page 6 of 7 Form SS 1011 10 15 (2) The date when your business is 2. The Association;and resumed at a new, permanent location. 3. Members of the board of directors for acts Period of Restoration"does not include or omissions within the scope of their duties any increased period required due to the for you. enforcement of or compliance with any ordinace or law that; But we reserve our rights to recover from the developer any damages for which he or she (a) Regulates the construction, use or may be held liable in his or her capacity as a repair, or requires the tearing down of developer. any property;or b Regulates the V. The following provision modifies the Hired Car ( ) g prevention, control, physical Damage endorsement. repair, clean up or restoration of environmental damage. 1. Paragraph E.1. Appraisal Additional The expiration date of this policy will not cut Condition is deleted and replaced by the short the "period of restoration". following: III. The following provisions modify the BUSINESS Appraisal LIABILITY COVERAGE FORM. a. If we and you disagree on the value of A The following is added to paragraph E.2 Duties the property or the amount of "loss", either party may make written demand In The Event Of Occurrence, Offense, Claim Or Suit of the Liability And Medical Expenses for an appraisal of the "loss". General Conditions and similar conditions in any Each party will select a competent and liability endorsement attached to this policy: impartial appraiser and notify the other 1. We wll notify the first Named Insured in of the appraiser selected within 20 days after the written demand for an writing of any: appraisal has been made. a. Initial offer to settle a claim made or The two appraisers will select an umpire. "suit" brought against the insured under If they cannot agree upon an umpire the liability section of this policy. The within 15 days, then, at the request of notice will be given within 10 days after either you or us, and after the the dale the offer is made. requesting party provides notice of b. Any settlement of a claim made or"suit" hearing to the non requesting party by brought against the insured under the certified mail, selection of the umpire will liability section of this policy. The notice be made by a judge of a district court in will be given within 30 days after the the county where the loss occurred. date of the settlement. Each appraiser will state separately the 2. The following provision applies: value of the property and amount of With regard to liability for "bodily injury", "loss". If the appraisers submit a writtenreport of agreement to us, the amounts "property damage" and "personal and agreed upon will be the value of the advertising injury", no provision of this policy property and the amount of loss. If the requiring you or any insured to give notice of appraisers fail to agree, they will submit "occurrence", claim or "suit" or forward their differences to the umpire. A decision demands, notices, summonses or legal agreed to by any two will be binding. papers in connection with a claim or "suit" Each party will: will bar coverage under this policy, unless we are prejudiced by such failure to comply (1) Pay its chosen appraiser; and with the requirement. (2) Bear the other expenses of the IV. The following provision modifies the appraisal and umpire equally. CONDOMINIUM ASSOCIATION COVERAGE b. If there is an appraisal: ENDORSEMENT. A (1) You will still retain your right to bring The Waiver of Rights of Recovery condition is a legal action against us, subject to deleted and replaced by the following: the provisions of the Legal Action Waiver of Rights of Recovery Against Us Loss Condition; and We waive our rights to recover payment against: (2) We will still retain our right to deny 1. Any unit-owner described in the the claim. Declarations including the developer, and members of his or her household; Form SS 1011 1015 Page 7 of 7 A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured"for movement into expressly modified herein: or onto the covered "auto';or c. Alter the "pollutants" or any property in A. Amended Coverage: which the "pollutants" are contained are Coverage is extended to "bodily injury" and moved from the covered "auto" to the place "property damage" arising out of the use of a "hired where they are finally delivered, disposed of auto"and "non-owned auto". or abandoned by the"insured". B. Paragraph B. EXCLUSIONS is amended as Paragraph a. above does not apply to fuels, follows: lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or 1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a 'non-owned or mechanical functioning of the covered auto". "auto"or its parts, if: 2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury" to domestic "employees' or are discharged or released directly not entitled to workers' compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such "pollutants'; and 3. Exclusion I. Pollution is replaced by the (2) The "bodily injury" and 'property following: damage" does not arise out of the "Bodily injury" or "property damage" arising out operation of any equipment listed in of the actual, alleged or threatened discharge, paragraphs 15.b. and 15.c. of the dispersal, seepage, migration, release or definition of"mobile equipment". escape of"pollutants": Paragraphs b. and c.above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises property that is: owned by or rented to an "insured" with O respect to "pollutants" not in or upon a Being transported or towed by, handled, covered"auto"if: or handled for movement into, onto or from, the covered "auto"; (1) The "pollutants" or any property in 2 which the "pollutants" are contained are ( ) Otherwise in the course of transit by or upset, overturned or damaged as a on behalf of the"insured";or result of the maintenance or use of a (3) Being stored, disposed of, treated or covered"auto";and processed in or upon the covered "auto". b. Before the "pollutants" or any property in which the "pollutants" are contained are Form SS 04 38 09 09 Page 1 of 3 © 2009, The Hartford (includes copyrighted material of ISO Properties, Inc., with its permission) (2) The discharge, dispersal, seepage, company) for an "auto"owned by him or her migration, release or escape of the or a member of his or her household. "pollutants" is caused directly by such d. Anyone liable for the conduct of an "insured" upset, overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. "auto". D. With respect to the operation of a "hired auto" and 4. With respect to this coverage, the following "non-owned auto", the following additional additional exclusions apply: conditions apply: a. Fellow employee 1. OTHER INSURANCE Coverage does not apply to "bodily injury"to a. Except for any liability assumed under an any fellow "employee" of the "insured" "insured contract"the insurance provided by arising out of the operation of an "auto" this Coverage Form is excess over any owned by the "insured" in the course of the other collectible insurance. fellow"employee's"employment. b. Care,custody or control However, if your business is the selling, servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by [his damage" involving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured's"care,custody or control. out of the operation of a customer's "auto" C. With respect to "hired auto" and "non-owned auto" by you or your"employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the The following are"insureds": same basis, either excess or primary, we a. You. will pay only our share. Our share is the proportion that the Limit of Insurance of our b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies (1) An "auto" you hire or borrow;or covering on the same basis. (2) An "auto" you don't own, hire or borrow in 2. TWO OR MORE COVERAGE FORMS OR your business or personal affairs;or POLICIES ISSUED BY US (3) An "auto" hired or rented by your If the Coverage Form and any other Coverage "employee" on your behalf and at your Form or policy issued to you by us or any direction. company affiliated with us apply to the same c. Anyone else while using a "hired auto" or "non- accident", the aggregate maximum Limit of owned auto"with your permission except: Insurance under all the Coverage Forms or policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an"auto". Form or policy. This condition does not apply to (2) Someone using an auto while he or she is any Coverage Form or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as repairing, parking or storing "autos" unless excess insurance over this Coverage Form. that business is yours. E. The following definitions are added: (3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners (if you are a partnership),members DEFINITIONS: (if you are a limited liability company), or a 1, "Hired auto" means any "auto" you lease, lessee or borrower or any of their hire, rent or borrow. This does not include "employees while moving property to or any auto you lease, hire, rent or borrow from an"auto". from any of your"employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company), Page 2 of 3 Form SS 04 38 09 09 or your "executive officers" or members o1 their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2. "Non-owned auto " means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes: a. "Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs. b. Customer's "auto" that is in your care, custody or control for service. Form SS 04 38 09 09 Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE IN INFORMATION PAGE INSURER: See Attached Endorsement NCCI Company Number:20605 Audit Period:ANNUAL Policy Effective Date: 02/27/18 Policy Expiration Date: 02/27/19 Policy Number: 02 WBC E12027 Endorsement Number: 6 Effective Date: 01/28119 Effective hour is the same as slated on the Information Page of the policy. Named Insured and Address: MK SOLUTIONS, INC. 75 ACCO DR STE A-3 YORK PA 17402 FEIN Number: 20-4025574 Producer Name: SUMMIT FIRST INSURANCE LLC Producer Code: 02025612 It Is agreed that the policy is amended as follows: This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford, If you are enrolled in repetitive EFT draws from your bank account, changes in premium will change future draw amounts In consideration of no change in premium, it is agreed that: Policy is amended to change the following conddion(s): Waiver of Our Right to Recover from Others Endorsement Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy. WC000313 WC040306 WC8804001 WC8804011 WC880405D WC8804060 WC880407D WC990006A(.I P) Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy. WC000313 Countersigned by Authorized Representative Form WC 99 00 06 A (1) Printed in U.S.A. Page 1 Process Date: 02/05/19 Policy Expiration Date: 02/27/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 02 WBC E12027 Endorsement Number: 6 Effective Date: 01/28/19 Effective hour is the same as staled on the Information Page of the policy. Named Insured and Address: MK SOLUTIONS, INC, 75 ACCO DR STE A-3 YORK PA 17402 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5%of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description City of Palm Springs, 3200 E Tahquitz Canyon Way, Palm 02 Springs CA 92262 Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U-SA Process Date: 02/05119 Policy Expiration Date:02/27/19 Library Automated Materials Handling System THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on 2012', between the CITY OF PALM SPRINGS, a California charter city and municipal corpo &ion, ("City") and mK Sorting Systems, Inc. ("Contractor"). City and Contractor are individually referred to as"Party"and are collectively referred to as the"Parties". RECITALS A. City has determined that there is a need for a new Automated Materials Handling System at the Library Center("Project"). B. Contractor has submitted to City a proposal to provide a new Automated Materials Handling System to City for the Project under the terms of this Agreement. C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Contractor to provide such contract services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work"), which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement,Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among weld-qualified and experienced contracts performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1)this Agreement;(2)the Scope of Services;(3)the City's Request for Proposals;and,(4)the Contractor's signed,original proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (I")the provisions of the Scope of Services(Exhibit "A"); (2°d)the provisions of the City's Request for Proposal(Exhibit "B"); (3'd) the terms of this Agreement; and,(4`h)the provisions of the Contractor's Proposal (Exhibit"C"). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits,Fees,and Assessments. Contractor represents and warrants to City that it has obtained all licenses,permits,qualifications,and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to ORIGINAL HID 1 ANOM AGREEMENT City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees,assessments,and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify,defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b)has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments,prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in(i)the Maximum Contract Amount, as defined below, and/or(ii)the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or$25,000, whichever is less, or in the time to perform of up to thirty(30)days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Three Hundred Fifty Nine Thousand Two Hundred One Dollars and Nineteen Cents, ($359,201.19) ("Maximum Contract Amount"), plus $24,113 per year for ongoing support, maintenance and warranty commencing after the first year warranty expires and subject to a 2% annual increase, except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates,that Contractor shall not be entitled to additional compensation,and that the provisions of Section 1.8 shall not be applicable to the services identified in 2 the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation(Exhibit"D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth(10)working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chanees in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law;or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance(Exhibit"E"), incorporated by reference. 3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty(180)days cumulatively;however,the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor(financial inability excepted) if Contractor, within ten(10)days of the commencement of such delay,notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the 3 effective date of this Agreement and continue in full force and effect until completion of the Services. However,the term shall not exceed six (6) years (inclusive of first year under warranty plus 5 years of on-going system support and maintenance) from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare,the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City,the period of notice may be such shorter time as the Contractor may determine. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Kristin Vogel, Vice President Sales and Business Development. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified,any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred,assigned,conveyed,hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor,and nothing shall be deemed to make Contractor a City employee. A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. 4 The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise ajoint venturer or a member of anyjoint enterprise with Contractor. B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation,or liability against City. C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers,employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees,servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City,the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Waived Gontract,._ shall obtain and _.rota,i full aggregate, (1) GontFaotet:shall eithef� (a) eei4i6, in wFiting to the City that Contractor is"awafe @ any caf#Fact liability elairns made againSt P9414:AA40F ARH is una,NaFe of any faets whieh may lead to such a daim against Gon;*actar; of(b)if G I wide the ceitifieatian undeF(a), Gea4aetei:shall pizoGufe ffem the uoniTae! liability insuref a4i endarsemenA - . I 40d limits of the pokey shall apply sepaFate" cofltqRuPd in AW feFAe and AffeAt at all times during the toFm of this AgFeefnefit, and for a period of d1fee (3) yeals fFeFH the date of t�e completion of the Sen,ices provided hefeundeF. In the A-efit of termination of the policy duFi*g this peFied, Gofitfaetof shall obtain eepAifi ge feF the pfier aets eF omissions of Gentfaete 'theF a nem, pop:..y eyide...ing no gap in ..eyei.age ,. by obtaining se..aFate extended 'hail" ..ayefage with the 5 present or Rem, Gwief AF othef ingufanee, aifaagefne4s providing for Gemplete eaverage, eithef of whieh shall be subjeet appfevalbythe CityManagen (3) In the event the policy of insufa ce is wfitten on an "aceuffenee" basis, the pehey shall be outsn..ed in full i...... .,.,A ..ff..r dt1f:..g the term Of this A..DYE OF ♦:l eanipletiOn f 6 C PFviPRq coveFage shall immediately be obtained to ensure PFE)Vided for in this Agreement, whichevei:is latef- In the, w0ent of D undeF the teFins of this AgF B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liabilitv Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement,a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual liability,personal injury, independent contractors,broad form property damage,products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned,non-owned, leased,and hired cars. E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars($1,000,000.00)for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement: 5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties,shall not affect coverage provided to City and its officers, council members, officials,employees,agents,and volunteers. 5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations 6 shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City,or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or 7 person for which the Contractor is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements,including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any .time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No._"or 'for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract Na" or'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as,"endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any (kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials,officers,employees,agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 8 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend(at Contractor's sole cost and expense), indemnify,protect,and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons(Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Desi2n Contract Services Indemnification and Reimbursement. Waived Wthe AgFOOFAefit Code Section 2782 0 then- A. "Indemnified 12","; AelleotAely"IndeR4aified RaFties")against any and all liabilities, clainis,judgments,aibitfatien awards, settlemeiits, sests, demands, eFdefs and penalties (eollestiN,ely "Claims"), ifieluding but flat limited4e Claims arising firem injuries of Eleath of persons (Gentfacter's @Fnpleyees included) and damage to propeFty, whiGh a is ..1...e e 0. e 6-,.._. (`....rpast,. n.dbent eckles, .. illf 1 peFf Fmanoe C failure to peFfbF . ny �-&r condition of AgFeemefit (ar..a,. nifi a Claims"),� ti ti GentFautei:'s liability fef Indemnified Glaiffis shall be Fedrispd tR the extent suoh Claims aFise ffern the aegligenee—, B. T-Ile--Centfaetor Shall rea,.Fe all non a sib 1. oement, to exeotile an r c rn _._ ... fi--vor of..._ indemnified Pai4ies. la addition, GaRtraoter shall Fequife all neft design ntract sub oefitFaetefs,used of sub Goatfasted by Gentfaeter to Pfffefm the Services or Work requifed trideF this AgFeement, to obtain ifISUFance that is consistent viith the insuranee pFevisiens as set fimtli in this AgFeement, as well as any othef inguranee.that-may be Fequired by Gentraet Office 7. REPORTS AND RECORDS 7.1 Accountin2 Records. Contractor shall keep complete,accurate,and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer 9 the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors,and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit,expand,or define the contents of the respective sections or paragraphs. 8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by 10 rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount(provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times,of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity,to cure, correct,remedy or recover damages for any default,to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 11 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race,religion,color, sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to,the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise: A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim,provided,however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor,at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days 12 after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm springs Attention: City Manager&City Clerk 3200 E.Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760)323-8204 Facsimile: (760)323-8332 To Contractor: mK Sorting Systems, Inc. Attention: Kristin Vogel,VP Sales&Business Development 17 Herman Drive, Suite C Simsbury, CT 06070 Telephone: 860-760-0438 Facsimile: 860-760-0448 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any,made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction,such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing„ (iii) by so executing this Agreement, the Parry for which he or she is signing is formally bound to the provisions of this Agreement, and(iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 13 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. "CITY„ City of Palm Springs Date: 7 ,� !� �� B . David H.Read City Manager APPROVED AS TO FORM: ATTEST By: B a 01 4Dou .Holland, James Thompson, y City Clerk APPROVED BY CITY COUNCIL: APPROVED BY CITY MANAGER Date: Agreement No. All ab Aba3 Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR CNh,A`L E: Check one Individual_Partnership Cov rauca 0 lkxmam Address - - - �i�mt�ntt r �.•1� D1�0"1� By By ,'ign a(Notarized) igna vv� m ' State of Maryland County of _! I/7d oft, On this _1 day of ,CJ-' ,before me,the undersigned officer,personally appeared whose name is subscribed to the within instnunent and aekn" ledged that helsh�a eed to sane forknownoth e(or satisfactorily proven)to be the person whereof I hereunto set my hand and official seal, purposes therein contained. In witness My CommisWPjj4EN A. GERMAN, NOTARY PU LI BAL , omry Public MY COMMISSION EXPIRES 12/09/2014 14 EXHIBIT"A" SCOPE OF SERVICES SCOPE OF WORK, REQUIREMENTS, SPECIFICIATIONS AND SERVICES: Generally, the scope of work consists of, but is not limited to, all materials, equipment, and labor necessary to design, deliver, install, train staff, warranty and maintain a new turn-key Automated Materials Handling System in the main Library Center per the Technical and Service Requirements as set forth below, inclusive of RFID conversion, Warranty„ and on-going system maintenance and support: SPACE AVAILABLE: The space is currently a book drop "room" under a sloping concrete wall. From the area immediately under the book drop a door opens into the room currently being used for checking in and sorting materials. A 90 degree angle turn may be needed from the book drop induction point(s) into the sorting area. IMPORTANT NOTE: The successful vendor shall be fully responsible for verifying and measuring the entire space and confirming all dimensions and space requirements necessary to house the new system prior to execution of the contract or commencement of any work. The dimensions provided herein are for reference only and the City does not represent or take any responsibility for their accuracy. TECHNICAL REQUIREMENTS: 1. The system and all of its components must be entirely compatible with, and in no manner interfere with, the Polaris integrated library system, its computer clients, or other components. 2. The system must be compatible with 3M security and ID Recall self-check. 3. The system must be able to migrate to Radio Frequency Identification (RFID). 4. The proposed system must provide application-specific software to incorporate all hardware proposed. 5. The system must be capable of supporting 2-3 different induction units. 6. The system must interface with the Library's existing Polaris automated library system using the SIP, SIP2, SIP2 plus extensions or NCIP protocol. 7. The system must not use a proprietary ILS connection. 8. The system must not interfere with other equipment, automated library system clients or PCs that may be nearby. 9. The system must be able to connect through the Library's Ethernet network via an RJ-45 connector and/or secured wireless network. 10. If RFID is/will be used in the system, the system must be ISO 15693 18000-3 Mode 1 compliant and must use Reader Talks First (RTF) Architecture. 16 11. The system must provide an intuitive user interface. 12. The AMH system must provide a touch screen user interface that guides users through the return process. 13. The user interface must not require patrons to have to place items in the drop in any special way or one item at a time. 14. Based upon a configurable option, the display should provide user feedback when the AMH rejects an item. 15. Each induction point in the system must have its own user interface with a "staff mode" or"staff mode switch" accessible from the rear of that particular device. 16. Sorter conveyor must be designed to prohibit materials from becoming stuck in the belt or falling off the side of the belt. 17. In the staff mode, the user may access, upload, and print statistics for each induction point and the sorter or modify configuration for that device. 18. The system must provide a configurable option so that the borrowers can select to print a receipt. 19. The system must have an option that supports a user-selected Spanish language option. 20. The default language is to be English. 21. The system must provide an emergency stop button. 22. The system must support email messaging to alert staff or administration when the system requires attention. 23. The system must provide a built-in receipt printer with high capacity paper. Please list specific length of paper roll. 24. The receipt must be configurable so that the library can easily determine content. The content must support item number, title, library name and location, time and date formatted according to the operating system and a customized footer. 25. The library staff shall be able to easily edit, update and otherwise control the content of the printed receipts without vendor intervention. 26. The receipt print must provide an auto-cut capability. 27. The system must have the ability to print out a cumulative receipt with customer and library information as determined by the library. 28. The system must provide the ability to identify items not found in the Library's catalog and print them as "Material not owned by this Library", or similar, on the patron receipt and screen. 29. The system shall provide library staff with the ability to print an',exception receipt for items that are holds or are an exception. 17 30. The system must support SIP, SIP2, SIP2 plus extensions or NCIP connections to Polaris ILS for check in and holds. 31. To ensure future interoperability the system must support socket connections. 32. The system must read item-specific identification numbers, communicate to the host circulation system to update the library's inventory, turn on the security feature, retrieve sorting criteria and dispatch items to the proper route and receptacle on the system. 33. System must include a staff Windows based workstation and PC with master controller, ethernet switch, touch screen display and master shutdown switch. 34. The system must be able to be dual function — capable of processing RFID tags and the item bar codes in the same transactions, to prepare for the Library's eventual migration to RFID. 35. The system must be able to read barcodes in multiple locations both on top and bottom of item. 36. The system must provide real-time check-in of all items returned. 37. The system must be capable of enabling Electromagnetic and/or RFID security. 38. The system must automatically store transactions during offline situations and when connection is restored automatically forward all transactions. 39. The system must turn on the security feature to allow secure Library operations during offline situations. 40. The system shall be configurable to accept all items. 41. The system shall be able to handle sets of items with RFID tags in the future. 42. The system shall identify location codes, item types, transit locations, holds, request status or by one or more combinations of the above and sort items accordingly. 43. The system shall provide the option to sort unknown items into an exception bin. 44. The system shall have the ability to notify the staff when a bin is full or missing. 45. The system shall have the ability to notify the staff when receipt printer is out of paper. 46. The system shall have the ability to notify the staff when the system is out of service. 47. The system shall be capable of being expanded to incorporate up to nine sort locations. 48. The system must be capable of sequential sorting. 49. The system must provide for environmentally protected external patron returns and/or internal patron returns, ADA compliant and installed so all ages may access it. 50. The external returns must be of stainless material in order to blend with any decor and retain its appearance with age. 18 51. The external patron return must have a secure door and/or photo eye that automatically starts the conveyor by user interaction. 52. The system shall be able to be mounted on an external or interior wall of the library. 53. The system must accommodate items as small as .21 inches thick by 2 inches by 2 inches. 54. The system must accommodate items as large as 4.0 inches thick by 18 inches by 24.0 inches. 55. The system must be capable of operating in staff and public areas without causing interference to normal library operations. 56. The system must operate with quiet, sealed electric motors, not air compressors, to control noise and to eliminate introduction of pneumatic hoses and devices in a public space. 57. The system must operate below normal conversation levels. 58. System should operate only when it senses materials being returned. 59. The system must not require any special wiring. 60. All sorter components must operate using standard 110V or 220V power. 61. The maximum power required for sorter should not exceed the normal power available from a standard 110V 1P 60 HZ electrical outlet or 220V 1P 50 Hz electrical outlet SERVICE REQUIREMENTS Hardware/Software Technical Support Toll-free telephone assistance on system use and troubleshooting available between 7:00 AM and 6 PM Pacific Time, Tuesday through Saturday. Installation Requirements 1. The proposed system must be installed according to a schedule determined in coordination with Library staff to minimize disruption and prevent Library closure at any time during the installation process. 2. Vendor must also be available for consultation on placement of hardware to accommodate network infrastructure, power and ventilation requirements, building restrictions, etc., and to maximize the workflow, staffing and patron convenience issues. 3. The Contractor shall provide training for the Library staff. This training shall include all aspects of the Automated Materials Handling system and shall be scheduled with the Director of Library Services to accommodate the shift schedules of the library employees. The scope of the training shall be sufficient to teach the proper operation of the system and the cost for all training is to be included in the total Cost Proposal. Vendor will be required to provide the Library two (2) completely printed and bound copies of an Operations Manual for the system installed. 19 4. Final acceptance/commissioning by the City will not be granted until the system has been delivered, installed, all functions tested and properly operating, staff trained, workmanship is inspected, and approved by the City of Palm Springs Director of Library Services. Warranty and Service Requirements 1. If providing RFID conversion now or in the future, the circulation RFID tags must be guaranteed to be effective for the life of the item to which they are originally affixed and, if found to be defective, they must be replaced at no cost to the Library. 2. ;The successful vendor warrants all products, including all equipment, hardware, and software, for a period of one (1) year from the date of acceptance of the project by the City. The warranty shall include all parts and all labor. Any equipment found to be defective shall be replaced by vendor free of charge, including labor and any inbound or outbound shipping costs. Defective equipment is defined as any equipment that requires three (3) or more repairs or service calls within a one (1) year period. 3. Software warranty: Software patches and service pack releases must be supplied for all equipment under warranty or service agreement at no additional charge to the Library. 4. Service technicians must be fully trained, factory authorized and certified by the manufacturer to perform Service. 5. The bidder must have fully factory-trained technicians stationed on the West Coast of the United States for onsite hardware support and service. 6. Technicians shall be centrally dispatched. 7. The Library shall be able to request service on a 24-hour basis using a toll free 800 number. 8. Technical software phone support will be provided via an 800 number. 9. Service technicians will be equipped with parts normally required to service the equipment and reduce downtime. 10.Average response time must be 8 hours or less. 11. Failure of vendor to meet specified standards may result in termination of service contract. 12. The Service Agreement must be renewable on an annual basis. 13. The Service Agreement must include remote maintenance for expert technical consultation and software support. 14. Warranty and Service requirements must apply to both Standard and Optional system components. At the end of the initial original one (1) year warranty period the vendor shall provide five (5) years of ongoing on-site service and support for the Automated Materials Handling system. The cost for such on-site service and support shall be at the prices set forth in the Cost Proposal, Exhibit C, for next business day service; emergency/after-hours service, weekends. 20 EXHIBIT"B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP) #02-12 Library Automated Materials Handling System Requests for Proposals (RFP #02-12), for a Library Automated Materials Handling System for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, SEPTEMBER 8, 2011. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals. Telegraphic, telephonic, faxed or emailed RFP proposals will not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents') may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified firms to provide the City with a Library Automated Materials Handling System (hereinafter the "Project"). Since 2008 the Palm Springs Public Library, like so many libraries across the nation, has experienced reductions in staff and funding. However, the use of the Library remains high, averaging 20,000 visits and circulation of 32,000 items per month. Staff has been reduced from 30 FTE to 14.45 FTE, resulting in insufficient numbers of staff to interact directly with the public. An AMH system will relieve at least 2 FTE from the repetitive, assembly line, behind-the-scenes process of materials check-in so that they can be deployed to direct customer service. In addition an automated check-in is the natural partner to the Library's 100% self-checkout function. It is expected that an AMH will increase staff efficiency, reduce repetitive motion disorders, and increase customer satisfaction by providing immediate, visual, and tangible proof of items returned. The estimated budget for this project is not to exceed $350,000. SCHEDULE: Notice requesting Proposals posted and issued .................................................. August 4, 2011 Deadline for receipt of Questions .................................Tuesday, August 30, 2011, 3:00 P.M. Deadline for receipt of Proposals............................Thursday, September 8, 2011, 3:00 P.M. Short List/ Interviews/, *if desired by City ..........................................................to be determined Contract awarded by City Council...................................................................... to be determined NOTE. There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. "KEY" TO RFP ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "C" — Cost Proposal Form. *Must be completed and included in a separately sealed envelope—do NOT include this with your Technical Proposal. ATTACHMENT "D" — 21 ATTACHMENT "E" — Sample boilerplate Contract Services Agreement (for reference only) 2. BACKGROUND: Palm Springs lies on the western edge of the Coachella Valley in central Riverside County approximately 107 miles east of Los Angeles. It is within the ecological area known as the Colorado Desert and is 487 feet above sea level. Rising behind the downtown is the impressive Mt. San Jacinto, elevation 10,831 feet. Palm Springs covers a geographical area of 96 square miles with well-established neighborhoods. Recently there has been a fascination with mid-century modern architecture - something Palm Springs is proud to have as part of its mix of eclectic design styles. Because it is only a two-hour drive from Los Angeles, Orange and San Diego counties, there are a large number of second homes in Palm Springs. The permanent population is 44,552 as of 2010, with another 32,000 seasonal winter residents, bringing the total population to approximately 76,000 during "season" in the winter months. Recent estimates for build out resident population for Palm Springs is 70,000 around 2020. The 32,000 sq. ft. Library Center opened in 1975. The primary architect was William Cody, considered one of the southwest's leading architects. While Cody died soon after the project began, his associate, Patrick Sheehy, completed the design which included sixty-degree sloping walls, a floating ceiling, clerestory windows, and initially, a fountain in the center of the building. The Library is currently facing space issues and lack of sufficient electrical and cabling outlets due to the age of the building. Renovation of the basic systems may take place within the next year or two. Thus any system installed must be capable of being moved if necessary in the future. Collection Statistics Total number of materials — 130,000 Average monthly circulation — 32,000 (print and media almost even split) Average monthly visitors—20,000 Total annual circulation approximately 400,000 items Average daily returns — 1500 — 2,000 Library is closed Sundays and Mondays, so book bins would need to be able to hold two (2) days worth of returns. 3. SCOPE OF WORK, REQUIREMENTS, SPECIFICIATIONS AND SERVICES: Generally, the scope of work consists of, but is not limited to, all materials, equipment, and labor necessary to design, deliver, install, train staff, warranty and maintain a new turn-key Automated Materials Handling System in the main Library Center per the Technical and Service Requirements as set forth below. SPACE AVAILABLE: The space is currently a book drop "room" under a sloping concrete wall. From the area immediately under the book drop a door opens into the room currently being used for checking in and sorting materials. A 90 degree angle turn may be needed from the book drop induction point(s) into the sorting area. (See photos and diagram as provided on the website where this RFP document is posted and referenced herein as Attachment "D"). IMPORTANT NOTE: The successful vendor shall be fully responsible for verifying and measuring the entire space and confirming all dimensions and space requirements necessary to house the new system prior to execution of the contract or commencement of any work. The 22 dimensions provided herein are for reference only and the City does not represent or take any responsibility for their accuracy. TECHNICAL REQUIREMENTS: 62. The system and all of its components must be entirely compatible with, and in no manner interfere with, the Polaris integrated library system, its computer clients, or other components. 63. The system must be compatible with 3M security and ID Recall!self-check. 64. The system must be able to migrate to Radio Frequency Identification (RFID). 65. The proposed system must provide application-specific software to incorporate all hardware proposed. 66. The system must be capable of supporting 2-3 different induction units. 67. The system must interface with the Library's existing Polaris automated library system using the SIP, SIP2, SIP2 plus extensions or NCIP protocol. 68. The system must not use a proprietary ILS connection. 69. The system must not interfere with other equipment, automated library system clients or PCs that may be nearby. 70. The system must be able to connect through the Library's Ethernet network via an RJ-45 connector and/or secured wireless network. 71. If RFID is/will be used in the system, the system must be ISO 15693 18000-3 Mode 1 compliant and must use Reader Talks First (RTF) Architecture. 72. The system must provide an intuitive user interface. 73. The AMH system must provide a touch screen user interface that guides users through the return process. 74. The user interface must not require patrons to have to place items in the drop in any special way or one item at a time. 75. Based upon a configurable option, the display should provide user feedback when the AMH rejects an item. 76. Each induction point in the system must have its own user iinterface with a "staff mode" or"staff mode switch" accessible from the rear of that particular device. 77. Sorter conveyor must be designed to prohibit materials from becoming stuck in the belt or falling off the side of the belt. 78. In the staff mode, the user may access, upload, and print statistics for each induction point and the sorter or modify configuration for that device. 79. The system must provide a configurable option so that the borrowers can select to print a receipt. 23 80. The system must have an option that supports a user-selected Spanish language option. 81. The default language is to be English. 82. The system must provide an emergency stop button. 83. The system must support email messaging to alert staff or administration when the system requires attention. 84. The system must provide a built-in receipt printer with high capacity paper. Please list specific length of paper roll. 85. The receipt must be configurable so that the library can easily determine content. The content must support item number, title, library name and location, time and date formatted according to the operating system and a customized footer. 86. The library staff shall be able to easily edit, update and otherwise control the content of the printed receipts without vendor intervention. 87. The receipt print must provide an auto-cut capability. 88. The system must have the ability to print out a cumulative receipt with customer and library information as determined by the library. 89. The system must provide the ability to identify items not found in the Library's catalog and print them as "Material not owned by this Library', or similar, on the patron receipt and screen. 90. The system shall provide library staff with the ability to print an exception receipt for items that are holds or are an exception. 91. The system must support SIP, SIP2, SIP2 plus extensions or NCIP connections to Polaris ILS for check in and holds. 92. To ensure future interoperability the system must support socket connections. 93. The system must read item-specific identification numbers, communicate to the host circulation system to update the library's inventory, turn on the security feature, retrieve sorting criteria and dispatch items to the proper route and receptacle on the system. 94. System must include a staff Windows based workstation and PC with master controller, ethernet switch, touch screen display and master shutdown switch. 95. The system must be able to be dual function — capable of processing RFID tags and the item bar codes in the same transactions, to prepare for the Library's eventual migration to RFID. 96. The system must be able to read barcodes in multiple locations both on top and bottom of item. 97. The system must provide real-time check-in of all items returned. 98. The system must be capable of enabling Electromagnetic and/or RFID security. 24 99. The system must automatically store transactions during offline situations and when connection is restored automatically forward all transactions. 100. The system must turn on the security feature to allow secure Library operations during offline situations. 101. The system shall be configurable to accept all items. 102. The system shall be able to handle sets of items with RFID tags in the future. 103. The system shall identify location codes, item types, transit locations, holds, request status or by one or more combinations of the above and sort items accordingly. 104. The system shall provide the option to sort unknown items into an exception bin. 105. The system shall have the ability to notify the staff when a bin is full or missing. 106. The system shall have the ability to notify the staff when receipt printer is out of paper. 107. The system shall have the ability to notify the staff when the system is out of service. 108. The system shall be capable of being expanded to incorporate up to nine sort locations. 109. The system must be capable of sequential sorting. 110. The system must provide for environmentally protected external patron returns and/or internal patron returns, ADA compliant and installed so all ages may access it. 111. The external returns must be of stainless material in order to blend with any decor and retain its appearance with age. 112. The external patron return must have a secure door and/or photo eye that automatically starts the conveyor by user interaction. 113. The system shall be able to be mounted on an external or interior wall of the library. 114. The system must accommodate items as small as .21 inches thick by 2 inches by 2 inches. 115. The system must accommodate items as large as 4.0 inches thick by 18 inches by 24.0 inches. 116. The system must be capable of operating in staff and public areas without causing interference to normal library operations. 117. The system must operate with quiet, sealed electric motors, not air compressors, to control noise and to eliminate introduction of pneumatic hoses and devices in a public space. 118. The system must operate below normal conversation levels. 25 119. System should operate only when it senses materials being returned. 120. The system must not require any special wiring. 121. All sorter components must operate using standard 110V or 220V power. 122. The maximum power required for sorter should not exceed the normal power available from a standard 110V 1P 60 HZ electrical outlet or 220V 1P 50 Hz electrical outlet SERVICE REQUIREMENTS Hardware/Software Technical Support Toll-free telephone assistance on system use and troubleshooting available between 7:00 AM and 6 PM Pacific Time, Tuesday through Saturday. Installation Requirements 5. The proposed system must be installed according to a schedule determined in coordination with Library staff to minimize disruption and prevent Library closure at any time during the installation process. 6. Vendor must also be available for consultation on placement of hardware to accommodate network infrastructure, power and ventilation requirements, building restrictions, etc., and to maximize the workflow, staffing and patron convenience issues. 7. The Contractor shall provide training for the Library staff. This training shall include all aspects of the Automated Materials Handling system and shall be scheduled with the Director of Library Services to accommodate the shift schedules of the library employees. The scope of the training shall be sufficient to teach the proper operation of the system and the cost for all training is to be included in the total Cost Proposal. Vendor will be required to provide the Library two (2) completely printed and bound copies of an Operations Manual for the system installed. 8. Final acceptance/commissioning by the City will not be granted until the system has been delivered, installed, all functions tested and properly operating, staff trained, workmanship is inspected, and approved by the City of Palm Springs Director of Library Services. Warranty and Service Requirements 15. If providing RFID conversion now or in the future, the circulation RFID tags must be guaranteed to be effective for the life of the item to which they are originally affixed and, if found to be defective, they must be replaced at no cost to the Library. 16,IThe successful vendor warrants all products, including all equipment, hardware, and software, for a period of one (1) year from the date of acceptance of the project by the City. The warranty shall include all parts and all labor. Any equipment found to be defective shall be replaced by vendor free of charge, including labor and any inbound or outbound shipping costs. Defective equipment is defined as any equipment that requires three (3) or more repairs or service calls within a one (1) year period. 26 17. Software warranty: Software patches and service pack releases must be supplied for all equipment under warranty or service agreement at no additional charge to the Library. 18. Service technicians must be fully trained, factory authorized and certified by the manufacturer to perform Service. 19. The bidder must have fully factory-trained technicians stationed on the West Coast of the United States for onsite hardware support and service. 20. Technicians shall be centrally dispatched. 21. The Library shall be able to request service on a 24-hour basis using a toll free 800 number. 22. Technical software phone support will be provided via an 800 number. 23. Service technicians will be equipped with parts normally required to service the equipment and reduce downtime. 24. Average response time must be 8 hours or less. 25. Failure of vendor to meet specified standards may result in termination of service contract. 26. The Service Agreement must be renewable on an annual basis. 27. The Service Agreement must include remote maintenance for expert technical consultation and software support. 28. Warranty and Service requirements must apply to both Standard and Optional system components. 29.At the end of the initial original one (1) year warranty period the vendor shall provide five (5) years of ongoing on-site service and support for the Automated Materials Handling system. The cost for such on-site service and support shall be at the prices set forth in the Cost Proposal, Exhibit C, for next business day service; emergency/after-hours service, weekends. 4. PROPOSAL REQUIREMENTS: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. 27 5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted. 6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): A. Firm / Staff / Team Qualifications and experience in providing similar services and equipment as defined in the RFP, including References (15 POINTS) B. Proposal Organization, conformance with the RFP instructions, and demonstrated Understanding of the overall project and requested Scope of Work and Requirements (5 POINTS) C. Work Proposal, including detailed proposed design, methodology and approach, inclusive of all necessary materials, equipment and labor necessary to design, deliver, install, train, warranty and maintain a new turn-key solution for the requested Scope of Work (30 POINTS) D. Detailed Project Schedule, including equipment lead-time, installation, testing and system commissioning (15 POINTS) E. Local Preference: (5 POINTS) Firms that qualify as a Local Business, or employ local sub- consultants, and submit a valid business license as more fully set forth in Section F.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, may be awarded to those that qualify as a Local Business. Two (2) points may be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. F. Cost Proposal (30 POINTS) PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 '/z X 11 format, may be no more than a total of thirty (30) sheets of paper (double sided is OK ), including a cover letter. NOTE: Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda acknowledgments and the separately sealed Cost Proposal do NOT count toward the page limit. Interested firms shall submit SIX (6) copies (one marked "Oriainal" plus five (5) copies) of its proposal by the deadline. 28 All proposals shall be sealed within one package and be clearly marked, "RFP #02-12, REQUESTS FOR PROPOSALS FOR LIBRARY AUTOMATED MATERIALS HANDLING SYSTEM. Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Technical/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope #1, clearly marked "Technical/Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • If applicable, your specific request for Local Preference (see Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. TECHNICAL/WORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be clearly marked and shall include the Sections A, B, C, D and E below: SECTION A: FIRM, STAFF, TEAM QUALIFICATIONS AND EXPERIENCE, INCLUDING REFERENCES A.1 Follow the instructions and properly complete and execute both Attachment "A" and Attachment "B" that are provided in the RFP and include them here in your proposal. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley is to also be included here. A.2 Describe the firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with relevant projects successfully completed of similar size and scope. A.3 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub-contractor's qualifications, background and specific expertise that they bring to the Project. A.4 List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project. A.5 Include a minimum of three (3) references of recent customers for who your firm has provided similar Library Automated Materials Handling systems, preferably those that used barcodes, as contemplated herein. You must include the name of a contact person, their title, and a current phone number, fax number, email address and business address along with a brief description of the scope of work and cost for each successfully completed referenced project. SECTION B: PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED SCOPE OF WORK AND REQUIREMENTS B.1 Carefully review and verify that your proposal is well organized and follows ALL OF THE INSTRUCTIONS on proper organization, format, order, and conformance with all requirements, 29 including any and all required signatures, attachments, acknowledgements, or other documents that are required to be submitted. Failure to follow the instructions may result in your proposal being non-responsive and rejected from consideration. B.2 Without reciting the information regarding the Project verbatim as contained in this RFP, convey your overall understanding of the Project and an understanding of the City's expectations upon implementation of the Project. 6.3 Based on the firms prior experiences and or the space available for the system installation, please identify any "key" or "critical" issues that you believe may be encountered on the Project; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the Project. SECTION C: WORK PROPOSAL CA Proposer should refine and/or expand the Scope of Work to reflect their understanding of the project and include a detailed technical work proposal, including proposed design plan, methodology and technical approach, inclusive of all materials, detailed, proposed equipment list, and all labor (work plan) necessary to fully install, train Library Staff, and maintain a new turn-key Library Automated Materials Handling system as requested in the scope of work. Identify all tasks and sub-tasks required to successfully implement all phases of the project. C.2 Critical functionality issues that must be addressed in this section are: 1) Compliance with all of the requirements as set forth in the RFP under Technical Requirements and Service Requirements; 2) Ease of self-service; 3) Flexibility to be relocated if current library space is remodeled; 4)Ability to convert to RFID; and 5) Vendor support. SECTION D: PROJECT SCHEDULE OF PERFORMANCE D.1 Proposer shall provide a detailed Project Schedule of Performance, including all tasks and sub-tasks, as well as equipment lead-time, installation, staff training, testing and system commissioning. D.2 Discuss lines of communication necessary to maintain the project schedule. Discuss the key issues that could impact the schedule and ways to minimize or eliminate them. D.3 Discuss your quality control methods to ensure consistent and accurate final results. SECTION E: LOCAL PREFERENCE E.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning 30 and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility. E.2 List all team members with local expertise. Clearly define their role in the overall project. COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a separately sealed envelope and shall include Section F below: SECTION F: COST PROPOSAL (*see instructions in Section 6 above and Attachment "C") FA The cost proposal (in a separate sealed envelope) shall be a not-to-exceed all inclusive Lump Sum total for all materials, equipment, and labor necessary to design, deliver, install, train staff, warranty and maintain a new turn-key Library Automated Materials Handling System. Cost shall include all applicable taxes, shipping and delivery fees to the Palm Springs Library Center. PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment "C" provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachment "A" or Attachment "B" in the Cost Proposal, Envelope #2,. Attachments "A" and "B" are to be included in Envelope#1, "Technical/Work Proposal'. 8. GENERAL AND SPECIAL CONDITIONS: DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, THURSDAY, SEPTEMBER 8, 2011. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to 31 this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(o)palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, TUESDAY, AUGUST 30, 2011. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "E"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties. The term of the agreement that is awarded as a result of this RFP shall be in effect for six (6) years, including the first year warranty and the 5 year ongoing maintenance. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the scope of work, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance iprovider review the insurance provisions BEFORE they submit their proposal. 32 RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 at seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after award of contract to a specific firm, if any, by the City Council. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non- Collusion provided as Attachment "B" in the RFP and include it with their proposal. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. 33 A 5 , c , f r ' Re i e Az r , y +r t ' y ' � f A � f A�y yA ft y 1 1 ez N 14 s• a* a,gelw 5x p v a t� . 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REQUEST FOR PROPOSAL (RFP 02-12) FOR Library Automated Materials Handling Systems ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1. The RFP mentions that material barcodes are located on both the top and bottom of items. Can you provide more details on where they are positioned? Inside/Outside cover, front or back flyleaf, centered or on the left or right side? A 1: Throughout the Library's history, different processing has put barcodes in different locations. The majority of the barcodes now are: Books: outside back cover in upper right hand corner CDs, Books on CD and DVDs—outside front cover lower right hand corner Kits—Outside front in upper left third of the plastic bag container Q 2: Question 34 indicates that you are looking for a dual functioning, Hybrid system, capable of handling both RFID and EM security. Are you currently using any form of RFID technology? If not, would you prefer to be quoted a dual functioning system, or a barcode/EM system that has the capability to be upgraded to RFID technology at a later date as a more cost efficient option? A 2: The Library does not currently use any RFID technology, but will ultimately be converting. The quote should be for a system that has the capability to be upgraded to RFID. Q 3: Question 47 indicates that the system should be expandable to 9 sorting locations, but does not indicate how many sorting destinations are preferred for the initial installation. What is the requested number of sorting? A 3: Initially, if space permits, we would like to begin with 6 sorting bins. Q 4: The RFP also indicates that the system should be able to handle multiple induction stations. Based on the drawing provided, the location of the current book drop is visible. Would this point be where you require the patron interface to the sorting system? Can the door to the book drop room be removed? How many other locations you would ideally like patron interfaces placed? Where are these locations? Are they located on the interior or exterior of the library? A 4: The Library will be undergoing a remodel within the next two years. We hope for a double entry in which a second induction point would be located inside the entry. However, initially there will be one exterior induction point where the current wall book drop is now located. The system should have the ability to seamlessly add an induction point in the future remodel. The door to the current book drop room can be removed, but fire protection would need to be provided. Q 5: As well, the dimensions of the room are not clearly indicated on the drawing. Understanding that finalized and accurate measurements prior to completing the project are the vendors responsibility, can you provide more complete dimensions for the sorting room in order for us to provide an accurate quotation? 34 A 5:Please see below. Q 6: 1 have included a rendition of the drawing provided. Would it be possible to indicate the preferred location of the return interfaces and the dimensions of the area that are noted? A 6: Preferred location is the current exterior book drop location. Dimensions of the current book drop area are: Book drop wall: 4' 11.5" From book drop wall to door of book drop room: 15.5" Width of book drop door into sorting room: 35 N " In sorting room, from door to book drop room to other door at the end of the same wall: 15'5" Wall dividing sorting room from current staff lounge (standing in staff lounge looking toward sorting room): to left of door 3' 1.5",, to right of door 6' 11 314" Long wall in staff lounge 16' Book trucks lined up against these walls take up a depth of 3'into the staff lounge. The rest of the area marked is a portion of the staff lounge and currently not part of the check-in and sorting function. We simply use the two walls to line up book carts. The dimensions of the entire staff lounge should be on the floor plan submitted. The photos included in the RFP clearly show the staff lounge and the use of only two of its walls. Note: space in the staff lounge may or may not be used with a sorting system. This is up to the vendor. Q 7: The provided drawing also includes a drawn in portion that is labeled as 'Sorting', is this where you intend to have the sort system? Or do you intend to have the sorter in the room labeled "Check-in and Sorting"? A 7: The labels refer to the functions that are currently performed in those spaces. "Check-in and sorting" is where it is likely the sort system will be located and where staff currently checks in all materials and manually sorts to book trucks. The "Sorting"area is an overflow area within the staff lounge where other book trucks for sorting materials are located, due to lack of room in the main check-in and sorting area. If necessary, the new sorting system could bleed into a portion of the staff lounge. Q 8: Question 15 states:. Each induction point in the system must have its own user interface with a "staff mode' or "staff mode switch" accessible from the rear of that particular device. Can you clarify what is wanted for this requirement? Is the library asking to have the ability to turn each patron return interface into a staff induction station as required? A 8: This request is based upon the predication that each patron induction point may need to have a staff mode in order to override, clear jams, or deal with problems with the patron return. This may or may not apply to particular systems. It is assumed that there will be a staff workstation within the sorting room area and perhaps this would also be able to serve the same purpose. This request is up to each vendor's system. Q 9: Under Technical Requirements, points 35 and 37- — is the system required to have a barcode reader, RFID antenna/reader and the ability to enable Electromagnetic security? Or, if the system includes RFID antenna/reader is Electromagnetic security enabling not a requirement? Point 35. The System must be able to read barcodes in multiple locations both on top and bottom of the item. Point 37. The system must be capable of enabling Electromagnetic and/or RFID security 35 A 9: The Library currently uses barcodes ONLY. Depending on material type the barcode may be on the front or back covers, thus the electromagnetic security and bar code scanner for check-in must be capable of reading from the top or bottom of the item. We do not now need a RFID antenna/reader. However the Library hopes to convert in the future to RFID and the system must be capable of switching over or being able to do either now. Point 35. The System must be able to read barcodes in multiple locations both on top and bottom of the item. Point 37. The system must be capable of enabling Electromagnetic and/or RFID security Q 10: Is the wall between the book drop room and the check-in and sorting area load-bearing? If the exterior return were to be located in the same place as it is currently is the expectation that the conveyor will turn 90 degrees and travel through the existing doorway into the check-in and sorting room? It appears there is an electrical panel adjacent to the doorway—will this panel remain or can it be moved to accommodate a larger opening? Is the sorter to be located in the check-in and sorting room? A 10: The wall between the book drop room and check-in sorting IS LOAD BEARING. If the vendor recommends the exterior return to remain in the same location the expectation is that there would need to be a conveyor turn of probably 90 degrees unless another method is suggested. At this time, I cannot answer the question about relocating the electrical panel; that would be a question for an electrician. Certainly any vendor can make a recommendation or present more than one option for that panel in their response. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement&Contracting Manager DATE: August 16, 2011 REQUEST FOR PROPOSAL (RFP 02-12) FOR Library Automated Materials Handling Systems ADDENDUM NO. 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: You stated in the RFP that the barcodes are located in various places. Can you please confirm if they are picket fence or ladder and inside or outside the book? A 1: The bar codes are picket fence outside the book. 36 Q 2: Please clarify requirement pp. 4 Q 13. If EM is used, the strips must be oriented in order to re- sensitize properly. If bar code is used, the bar code must be visible and fed one at:a time. Does the Library really not want to feed items one at a time? A 2: The Library currently uses EM. We would prefer that customers not have to feed items one at a time and have to orient each item, in order to prevent a line at the return intake location. Also the Library currently does not have the staff to train customers how to orient each material type before feeding it into the intake. Q 3: In regards to requirement pp. 5 Q 19, is Spanish the only additional language desired? A 3: Yes Q 4: Can the Library clarify what the purpose of the cumulative receipt is in requirement pp. 5 Q 27? Are you looking for a single header/tooter with a composite of the transactions or an exact duplicate of the patron receipts? Only for a day or able to specify date range? A 4: The Library would like each customer to receive a receipt listing the items returned during the day's transaction. Single header/footer is fine. Q 5: Does the Library want both holds receipts and a specific receipt for exceptions ( pp. 5 Q 29)? For the exceptions, what is the Library looking for on the receipt? A 5: Any hold receipts would be for staff purposes only. There does not need to be any exception receipt. Both of these functions are back of the house and do not have anything to do with the return receipt requested for the customer. Q 6: On page 4 #2, you state that you want us to be compatible with the 3M system and ID recall self check. Normally, the return stations are independent of the self checks and communicate directly with the ILS. If we are supplying an AMH system with return stations, can you clarify the reason for why or how the AMH system needs to be compatible with the self check (i.e. any certain features you would like to have that are similar to the self check)? A 6: This request was made in case any vendor had a system that had to be compatible with a particular check-out system. The primary requirement, is of course, that the system be compatible with the Library's ILS system Polaris. Q 7: Would it be possible to receive a copy of the RFP in Word format? A 7: No, 1 am sorry, but formal RFP documents are made available via PDF file only. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: August 30, 2011 37 EXHIBIT"C" CONTRACTOR'S PROPOSAL on the following pages The final negotiated 6 page Proposal (Summary)dated March 21,2012 is provided first,followed by the contractor's original RFP submittal 38 '"�i€," $ #" `v`"^�r �� .....JL 01 t" o-s l Palm Springs Public Library Your contact: Kristin Vogel .Ms. Barbara Roberts Tel: +1 410 377 0897 300 S. Sunrise Way Fax: +1 860 760 0448 Palm Springs, CA 92262 kristin.vogel@mk-sorting-systems:com www.mk-sorting-systems.com mk Sorting Systems Inc. 17 Herman Drive, Suite C This Proposal consists of 6 pages. Simsbury, CT 06070 Proposal no.: Rev Our Reference Date QUO-01475-NDQSJD- REV2-LSSIRI=V5 KV/KC/MF March 21, 2012 Thank you for your interest in our library solutions. According to our general sales conditions we would like to make the following offer. Please find below the final configuration and pricing for the automated materials handling system and RFID solution including complete conversion. EXIMIT"C" r COIVTB,A,CTt1R'S PROPOSAL on the following pages The final negotiated 6 page Proposal(Summary)dated March 21,2012 is provided first,followed by the contractor's original RFP submittal 38 Page 2/6 . Proposal No. QUO-01475-NDQSJD -0 Pricing: Automated Materials Handling System Please note this quote is based on Final Drawing 1-3.329-11 7-Bin $orting ystem 6 bins! ins : 700x700mm 1 bin : 900x700 removed to right side Item Identification: RFID only 1 Item Security: RFID Included Patron Card Identification: Barcode Exterior Return Station: One Staff Return Station: One, height adjustable Mer a Conveyors: Two 1 Hold Slip Printer, located at staff return Included 1 Shipping Included 1 Installation Included 1 Training (takes place during Installation) Included SubTotal $196,450 Options 1 Trespa Countertop (counter made of $850 stainless steel w/Trespa material) Placement of Screen Vertical (not slanted) $3,500 Manual Book Drop (as backup) Lockable flap will only be unlocked when the 1 exterior return station is not in use $6,500 Includes One Book Bin 700x700 mm 2 Sliare Book Bin (size 700x700) $1,360.00 $2,720 1 Spare Book Bin (size 900x700) $1,360 ---- Total Turnkey System $211,380-- GOLD maintenance level starts after 12 1 month warranty—FULL coverage and 100% 10% purchase $21,138 arts—four year contract- price per year Silver option available at 8% and library pays 50% of cost for replacement parts "please note service contract rate increases by 2% each year"' Page 3/6 . Proposal No. QUO-01475-NDQSJD-0 Pricing: RFID System Solution: 7000 RFID Book Tags, white with high performance SLI-X chip, $0.16 $17,280 ISO 15693, ISO 18000, 2"x 3"tags 1,500 per roll and 2 rolls per box per roll RFID StingRay Tags, transparent with high performance SLkX chip, 20,000 ISO 15693, ISO 18000, $0.69 $13,800 Tags 0108 mm /4.25" 1,000 per box on one roll RFIDSelfCheck SC3—TableTop Software: mk Lib Soft Library Cards: Barcode Item Identification: RFID and Barcode 3 Item Security: RFID $5,550 $16,650 Counter Design: Wide Audio Support: No Color Style: white, gray counter, others to be selected mk StaffStation Kit Connected to existing staff workstation, 3 ; Shielded RFID Antenna w/ USB Reader/ $1,225 $3,675 Writer, power supply and USB cable, Software linked to ILS including tag conversion capability SG1 Clear- Dual aisle Technology: RFID 1 People counter: Yes $9,400 $9,400 mk GateTracker software People counter Yes Item identifier Yes mk LibManager 1 Web-based administration tool to manage Included Included _ and maintain all mk products including statistics 1 Training (takes place during installation) Included 1 Shipping and Installation 1 $8,900 1 Total for RFID Solution $69,706 Page 4/6 . Proposal No. QUO-01475-NDQSJD - 0 RFID Conversion—LSSI (subcontractor) Provided by LSSI- staff of LSSI will coordinate the hiring of tagging staff and tagging of all items in the library—estimated time is 7 1 weeks—coordinated by mk Sorting Systems— $63,300 includes all necessary tagging equipment (except tags) and full conversion of 125,000 items*•*mk will oversee this portion of project With LSSI as the sub-contractor Total for Conversion && RFID $123,005 Implementation Service GOLD contract for RFID portion level starts;after 12 month warranty—FULL $2,975 coverage and 100% parts r four year contract **please note service contract rate increases by 2% each year** Tote)for AMN and RFID (including conversion by LSSI): $334,386 8.75%.Tax on taxable items: $23,816.19 DDU Total: $1,000 GRAND TOTAL $369,201.19 Service total after the first year of warranty for both systems: $24,113 **please note service contract rate Increases by 2% each year** Page 5/6 • Proposal No.QUO-014751NDQSJD -0 MnW Notes: Pricing is based on complete order. Delivery and installation are planned to occur at one time. • Library is responsible for providing the ILS SIP2license for the proposed equipment if this requires the communication to the library's ILS via SIP2. • mk products will be tested at the factory prior to shipment to ensure a smooth installation on site. Representative sample materials tagged and programmed if RFID or bar coded with EM security strips of each type of item need to be sent to mk's office for use during system pre-shipment testing. • A remote connection (such as VPN or Teamviewer) for remote maintenance has to be available and tested before installation. mk will provide required forms which needs to filled out by the library. • Library is responsible for providing power connections as well as a standard Ethernet port connection close to the equipment for some installations. • Library is responsible for all associated building changes and wail or floor finishes if required. Pricing of building modifications—if required -such as wall openings and fire shutters are considered architectural changes to be provided by the Library's building contractor and are not included as part of this proposal. mk will provide sizing requirements and mounting specifications in the final acceptance layout. • Depending on the product, mk will provide a drawing showing exact or recommended power and data connection. This drawing must be signed off by the library before any manufacturing can begin. • The proposed equipment Will be delivered either in completed units or in modules, depending on the type of equipment. The library must provide enough space to bring the goods from the unloading zone outside the library to the installation area inside the library. Please do not hesitate to contact us for clarification on any of these requirements. BMW Page 6/6 . Proposal No. QU0-01475-NDQSJD-0 Terms of delivery and payment Terms of delivery Approximately 2-3 weeks for tags and staff stations, 4-5 weeks for tagging stations, 5-7 weeks for gates, self checks and 15-17 weeks for sorting system. All ship dates determimed after receipt of the order in writing and agreement of all technical and commercial details, as well as all parties holding to the project time schedule In dependence of the responsibilities contained therein. Delivery F.O.B. Destination, DDU delivered duty paid Terms of payment 30 % of order value payable after receipt of order confirmation 40 % of order value with delivery and installation 30 % of order value 30 days after final acceptance but not later than 1 month after delivery - mk Sorting systems is not responsible for installation delays beyond our control - Pricing listed above include local, state/provincial or federal taxes. - All payments due on receipt of invoice net. Validity of prices 3 months after date of this proposal Warranty 12 months according to legal rules and our terms of delivery and payment. General This offer is confidential and is only intended for internal use. The sharing of technical information or pricing is prohibited without the expressed, written permission of mk Sorting Systems. mk understands that this proposal is subject to the Public Records Act. Prior to completion of manufacturing,we reserve the right to make design changes to.improve the equipment or exceed the design specifications for any or all systems without prior approval. After the system has been installed, we retain the same right, but agree to notify the library in advance of any changes. The library may elect to decline an upgrade except in the case of changes to correct/limit manufacturer liability exposure. Orders will not be processed until Contract Services Agreement is received and signed by both parties at mk Sorting Systems. Please review our proposal carefully. We assure you of timely processing of your order. Respectfully, mk Sorting Systems Kristin Vogel mk Sorting Systems Inc. SORT N S S 17 Herman Drive;Sufte C O . � Simsbury,CT 08070 kdo@mk-sorHn"ystems.00m WW W.m k-sorting-eyetems.o,om September 6, 2011 Cheryl Martin City of Palm Springs Procurement and Contracting Office 3200 E. Tahquttz Canyon Way Palm Springs, CA 92262 Dear Ms. Martin and selection committee, mk Sorting Systems Inc. is pleased to submit a response to the City of Palm Springs' AMH Request for Proposal for a turnkey system that Includes the manufacturing, delivery, installation, training and support of an AMH library automation system for the library. mk has a strong history of experience with RFID/BaroodelEM technology, self-service enablement and circulation workflow automation because we focus our research and . development exclusively on library spedfic software and hardware solutions. All products purchased from nik Sorting Systems will be custom manufactured by our experienced team and tailored to meet your specific needs. Each product is engineered and tested in our facilities, by our employees and customized to your specific requirements to exceed your expectations. mk Sorting Systems will collaborate with the library to ensure there is a solid implementation plan in place and the infrastructure to support It In addition,ongoing maintenance and service will be available to provide you confidence in our products. In addition,all products provided will Include the web-based mk i_ibManager software that allows staff to monitor and configure all products from their desktop PC and provides. . statuses and statistical data at the dicic of a button. You can be confident that all products and services will be manufactured and provided from ONE source when you choose ndc Sorting Systems which allows us to have complete control of your project from start to finish. We look forward to partnering with the City of Palm Springs In implementing along-term and patron friendly AMH solution for your library. Asa partner, we are committed to the success and excellence of this project. Please call If we can provide additional information, an onsite demonstration or if 1 can otherwise be of help in anyway. Sincerely yours, Tom Pinkin Sales &Business Development Manager mk Sorting Systems tom.Dinkiin a mk-sorting-systems.com (860) 760-0438 0 COVER LETTER TABLE OF CONTENTS 9.. SECTION A: FIRM, STAFF, TEAM QUALIFICATIONS AND EXPERIENCE, INCLUDING REFERENCES 2. SECTION B:PROPOSAL ORGANIZATION, CONFORMANCE WITH kFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTER SCOPE OF WORK AND `✓ REQUIREMENTS 3. SECTION C: WORK PROPOSAL 4. SECTION D: PROJECT SCHEDULE OF PERFORMANCE 5. SECTION E: LOCAL PREFERENCE ADDITIONAL INFORMATION 6. PRODUCT SHEETS, TECHNICAL SUPPORT AND WARRANTY AND TRAINING AND PRODUCT DOCUMENTATION - - *COSTPROPORAL 1S CONTAINED IN A SERA-RATE SEALED ENVELOPE. - k `9 O N 0 '•Y : dAR iR ei .,,a • ` � ` e ` r r - t ' xn i': PnF as v5 F9 0 •a i - Y (� PySF ac. a a'.e _..a 'Y.. �'Y . .: 'P a:.,+; Y Y'•mT•� 91 a.=.e.�s S'.- r♦. a Y cuc •: ;.:a • aY :n:, • av u•c. ;r{.a F: '.tr::3..•.. 'iY.O • k-i �' .r - - � 0' ::O.F;,,tom :4f.Q �biA. r t C. cd't;':. - f 0`:" �Y-B T •. P tl '. MY 'Y� M: .-i Yn:F `d A ! :Y � te•v I:7Y b p .. • • a •IA W PY t }r J > y a -Y.Y O-J 0 N:f •..i S .."4f V' •. w� p • : ! fl i :: PY{ :. f -LW Yf"' • ♦ !e i •I; C a.b' f Yl S ♦+1 'P: Y' N :..E n.l N N.i.:: i. Y oM:F.y :. R :•• 'N f�. i.F Y. N�: v.l kA i':.,{ n i `}, ➢ i�.y ...>� ::.:.0 .d ^.. y..) Y...i V . a R'a. Y._ :5 Y, - • f1 f Cep.: f: y:n a ♦. u's R R • w mob' Y` ���$ e. V' • eY.'v t } r Y- rC� •.. i' P - Y�'n Yd.V Vi • 5 .. _: y G.: VG. i Y: :> n { � Q;� } yi A R' 'f _ .: Y r • e i Y n^.}R R b, b P 1 ] i Y tl w i y a i.'.y': } N � �I '5 i' i Yh E '. Y Y d FOi j}. i i :.i. ii •I -.M Y'i. r=1} V ii ii.:.l � - t Y� Y' 1.: '1 'Y 9' Y.: • i-i Yf i},y V 1 ::9 !♦ v�<d P 9.Y' •r M v IA: YY'. Y..R V '- Y'::.f 4:.: i f •',fi :i � Y :.V } :.♦: V P§ Y.M1 : f I _��Pl�ii �LL� �.eL+«Id • S'=E 11= tYn� !YB.• ./ R'= P' _�_ i.,i� ._.� �D e P SONTING ATEMS MKCity of Palm Springs:.RFP#02-12 Section A: Firm, Staff, Team Qualifications and Experience, Including References. mk Sorting Systems, Inc. mk Sorting Systems provides high quality library RFID and Automated Materials Handling Solutions. mk Sorting is a division of mk Technology Group, who:has been providing high level technical equipment for over 40 years. This experience bodes well for libraries, as it provides an excellent basis on which to build a technical solution for RFID circulation. mk Sorting has taken a fresh approach to the RFID solution compared to our competitors. We are very proud of our ability to customize products and services to meet our customers' needs. All equipmentand software is designed to meet ISO and other published standards and has no proprietary features giving libraries the confidence that our systems will be long lasting. One of mk Sorting Systems many strengths Is our ability to develop personal relationships with our customers. Because of the size of our company, we have the ability to focus on libraries as, they are going through the transition and provide the personal service they require. All of our systems are designed with the goal of lnteroperabllity between vendors. mk Sorting.Systems has an invested interest in ensuring that your project is successful. As plans for your libraries develop and implementation begins, it is Important that mk Sorting. Systems stays in contact with the'project manager and key staff from the library. Working to help the library incorporate our equipment and systems into the library is paramount to the success of not only the project, but of the library itself. mk Sorting Systems will collaborate with the library to ensure there is a solid implementation plan In place and the infrastructure tq support it. We have learned that a successful implementation involves the completion of a set of easily Identified steps to be completed by both mk Sorting Systems and the library. We.are eager to finalize a Project Plan that meets each of your objectives. We are committed to making your project a success. Company History and Experience In 2005, mk Technology Group, a leading supplier of aluminum profile based components and modules for factury automation, created mk Sorting.Systems as a division to specialize.in library automation solutions. After an increase of market acceptance and over 30 installations in libraries worldwide, it was decided that mk Sorting Systems should become its own .company. In February of 2008, mk Sorting Systems GmbH was established as a subsidiary.of Masehinenbau Kitz and was able to focus exclusively on the development and sales of high- quality library RFID solutions and automated materials handling systems. By November, the success of mk Sorting Systems GmbH allowed for the company to expand into the emerging U.S. market, creating a subsidiary corporation, mk Sorting Systems Inc., which is headquartered =__ in,.Connecticut Today;mk Sorting Systems continues to improve products with the latest technological advancements and will provide our customer's with the attention and dedication needed to ensure the system will exceed every library s expectations. Copyright 0 2011 Page 1 of 10 os City of Palm Springs:RFP#02-12 mk Sorting Systems, Inc. Type of Company: Corporation Date: Incorporated Nov. 20Q8—Delaware Company mk Sorting Systems CtH Established 20QB Qa r ny Holding Company Masohinenbou I tz QmbH Established 1966 Experience 44 Years—Automated Materials Handling 6 Years—Library ROID Headquarters tJSA: mk Sorting Systems Inc. Address. 17 Herman Drive, Suite C Siniftry; Connecticut 06070 Toll+ree 1888-484-5056 Phone: 860-760=oQfl Fax: 860-760-0448 Contact Tom,Pinkin & Kristin Vogel Germany: mk Sorting Systems GmbH Address: Qlockenstrasse 80 53844 Troladorf, Germany Phone: + 49 228 4598-123 Fax: +49 228.4698-125 Website: www.mk-sorting-systems.00m Director. Markus Flory Haidirw C nar' Germany: Mascminenbau Kits Gmbh Address: 61160kenstral1e 84 63844 Troisdorf, Germany Phone: + 49 22&4598-0 Fax: + 49 228 4531-45 Website: www.mk-group.com Commerdal Register. Siegburg HRB 2407 Ditectors: Doris Kite, Hans Josef iftz, -:3tephan Kltz. Jurgen-tom Copyright®2011 Page 2 of 10 SORTING STEMS - - City of Palm springs:RFP 024*2 SEEM Advantages of Working with mk Sorting Systems, Inc. History—Our proven history in automation allows us to create systems that are innovative and: unique to the library community: Design Customization—Every installation is custom designed and manufactured with continuous consultation with the library. We strongly feel that libraries do not benefit from a "cookie cutter"solution as each installation has special requirements. With multiple styles available, more than 290 extrusion shapes and over 2000 system components, mk offers the most comprehensive "modular building kit"available. Flexibility—Even-a fully installed system has the flexibility to have functionality added or changed. Every system has the ability to grow without requiring the entire system to be replaced. Quality— 100% inspection and quality control on every product shipped Value—Lean manufacturing principles ensure cost-effective products. Reliability—World class on-time delivery Support—Our customer service group and great network of distribution partners and sales representatives are available to provide you with the highest level of service and application support. Personal attention— One of mk Sorting Systems key strengths is our ability to develop personal relationships with our customers. Because of the size of our company, we have the ability to focus on libraries as they are going through transition and provide the personal service they require. We are also very proud of our ability to customize products and services to meet our customers' needs. mk Sorting Systems has been able to draw on mk Automation's 40 years of materials handling experience to provide a completely fresh approach to the design and implementation of patron self-service and library materials sorting systems. Our highly specialized design and engineering team develop each design and ensure that it meets extremely high industry standards. The system is designed with a high degree of attention to detail, reliability and safety. Relationships with ILS vendors—mk has a history of strong relationships with ILS vendors worldwide. Our background with automated materials handling leading unto RFID systems has. allowed us to grow and build solid relationships with many ILS vendors to ensure that our systems are compatible with all ILS software requirements and features. Companies such as -- -4nnovative nteftees, ShsIDynIK,Polafts, infer, Eat Libris, HKA, BlIber, i N, DDEllbre and several other ILS providers have worked with mk products worldwide to provide a complete RFID solution. This relationship ensures that the entire process from installation to implementation will be a smooth transition. The mk system communicates seamlessly via SIP or NCIP in order to provide and reference information from your ILS. Copyright 0 2011 Page 3 of 10 City of Palm Springs: VP#02-12 Suibeonfractdrs Imteffation of your system will.be oonduated by *wWV tnOwd s*Wos4eobhk1jaM. We have a mk service technician located In the city of San Frsnofsoo.Wh6 alreNatjW for service calls when needed. This guarantees that any questions or issues that n*,obcaut will be answered quickly and effec&miyby our team. We will.first attempt to se yaor pMft* via, remote access. If the problem cannot be resolved rarootely, our local tut u v"ll be dispatched:-to the-site mk Sorting Systems contracts with Compact-Power Services to ensure that the necessary staff, are available when on-ske service visit Is necessary. CPS Tech n ans the located in your afea area and are fully trained in our equipment and Olfbe invoWod widrtheIns a on acid Implementation of the system. Should the library.experienoe a serious issue and our technical support t8chtilit,o0 Is unable to solve an Issue remotely with.the assistance of library staff, mk Sorting,Syst a i0l issue a Sorvice call to CPS, our maintenance service provider. CPS technicians" available during regular business hours and fully taained in all mairftnaMo,a id'r Ir r*gLftMents of our AAdW solutions. Onsite calls are scheduled by our Technical Support Department. All costs for any services provided to your library by CPS taimWeians we,Included-in mk's service and maintenance pricing: Copyright®2011 Page 4 of 15 NG 8 MS My of Palm Springs:W+#02-12 0 Vendor Profile / Project Team Qualifications / Skills / Fxperionce Kristin Vogel vice President, Sales&Business Development 17 Hermarr,DrIvA, * t0 C' Simsbury, CT 0607 (41.0)377867 lie (860) 760-04,fox, (314)422-78a4 mobile krietln yo elffOrnk-sorting-systems.com Tom Plrlliht Salo's and Business Development Manager 17 Herman Drive, 8uife C Simsbury, CT 06070 (860)760-0438 phone (860) 760-0448 fax (860)gA$-4�35 rrk�511c . tOta1 i�► ��Pi��m. working with A*Sorting tom s, The success of every project is dependent on excellent cxlmmoioeflon between:the library and mk Sorting.Systems staff. Working together to ensure that your installation is efficient and a smooth transition, mk will do everything they can to help the library reach its goals. One of mk Sorting Systems many strengths is our ability to develop personal relationships with our customers. mk Sorting Systems has.a.dedicated crew of professionals who strive to deliver top quality products; service and support to our customers,.regardless of wherg the maybe located. Their diverse'backWbudds allow each df#,i ti'to contribute tc lttie cbntinu ng success of the cortipany. Copyright O2011 Page 5 of io NO 8 M3 City of Palm Springs:RFP#02-12 Project Management Team C Markus Flory—President Markus Flory has been with mk Technology Group for over nineteen years. Markus founded mk Sorting Systems, GmbH in Germany as well as mk Sorting Systems, Inc. headquartered in Simsbury, Connecticut. Markus and his team have developed all mk products and spearheaded mk's growth into North America. He provides strategic vision and leadership-for all library customers. Markus will have ultimate responsibility for the project implementation and execution. He is responsible for relationships with our partners and customers in over twenty five countries. His background Includes experience In mechanical engineering, project management, sales, marketing and business development.. Markus flory(cbmk-sorting-systems oom Kristin Vogel—Vice President, Sales &.Business Development Kristin Vogel joined mk Sorting Systems in May 2010. Kristin has over six years of experience working with libraries in North America and a proven track record of developing strategies and products that meet clients' long term needs. She has created and maintained strong working relationships within academic, public, and school libraries. Kristin will be a point of contact for any questions during the proposal, evaluation,and implementation of library systems. Working. from our Baltimore, Maryland office, she will also be a contact for any concerns and will assist the library in creating a successful implementation. kristin.voael(a)mk-sortina systems oom. Tom Pinkin-Sales & Business Development Manager Tom Pinkin brings to the table considerable project coordination ex Tom perience and expertise. r has over thirty years experience in the material handling Industry serving a wide variety of user markets. His focus over the past seven years has been on automation for the domestic and international library market. He has a wide range of skills in direct sales, business development and strategic marketing and Is past chairman of the Conveyor Products Section of the Material Handling Industry of America. Tom has a Bachelor's degree in Architectural Environmental Design and a Masters of Business Administration in Marketing. Tom Is based in the Simsbury, Connecticut office. tom.einkin(&-mk-sorting-systems.com Rebecca Linton-Sales & Business Development Manager Rebecca Linton joined mk Sorting Systems in 2011, bringing over seventeen years of sales and marketing experience in a broad range of industries including education,anon-profit, financial assodations, and technical services...A customer serer-adentdd sWos profwWonal_ _ with extensive experience in strategic planning, Rebecca has worked with clients through all project stages, successfully fulfilling objectives and meeting deadlines while staying within budgetary constraints. Rebecca is based in our Baltimore, Maryland office. rebecca.linton(amksortina-systems.com Copyright 0 2011 Page 6 of 10 ■ &ORTIN iY6TEN6 CKy of Palm Springs:RPp#62-12 Q Andy Sorensen —Service and Project Coordinator, North America Andy Sorensen is the primary Service and Project Coordinator for North America from our operating location in San Francisco, California. Andy Is the first point of contact for the service needs of all North American clients,.workir.Q in conjunction with our headquarters in Germany to provide clients timely and effeptive solutions to anysystem error. Andy has over five years of experience in facilitating the Installation of electrical devices, conducting preventive maintenance and renfote-troubleshooting. He communicates with all customers on a daily or weekly basis as well as conduct site visits to verify all mk equipment Is working properly. andu.sorensenOmk-sorting-systems.00m Kelly Conover—Sales and Marketing Coordinator Kelly Conover joined mk Sorting Systems In 2010. Kelly Is responsible for communicating with the library throughout the entire implementation-including the receipt of order and responses toanypost-installation service inquiries. She will coordinate all deliveries and installations to ensure the library's specified project start and completion dates have.been met. WM a background and degree in Marketing Communication, Kelly Will:be an additional point of contact for any questions during the proposal evaluation. Kelly.It located at our headquarters in. Simsbury, Connecticut. kellv.conoverO-mk-sorting-systems.00m Oliver L:ammerich, Technical& Project Manager Oliver Lammerich has been with mk Technology for over 15 years.and is a professional Mechanical Engineer. Oliver is the Technical &Project Manager for all of our Installations. He will be taking on the responsibility of ensuring that the project moves forward, stays on schedule and within the allocated budget. Oliver will be supervising the manufacturing team ensuring the equipment is built to the library`s requirements. He will also be assisting with the testing and quality control of the systems prior to installation and will coordinate the on-site.installation team. Oliver is involved with coordinating the entire,project from:start to finish, Oliver.lammerich{6imk•sarting-systsms.:cona' Copyright®2011 Page 7 of 10 ■ ORT NG& City of Palm Springs:RFP#42-12 References San. Mateo Coup Libra Innovative Interfaces 0116019lum . Automated Materials Hand frig— _ e/EM (Currently upgrading to RFID) . Foster City 9 fAerior Returns 1 Staff Return 9 Way Sorter 1 Manual Book Drop Belmont x 1 Exterior Return 1 Staff Retum 7 Way Sorter San Carlos 1;Exterior Retum with Bin i Interior Return 1 Staff Retum 7 Way Sorter Millbrae } 1 Exterior Return 1 Staff Retum, 7 Way Sorter December 2009=April 2010 1'S.6ranches :. 1 rep Bodin Libra Services Manager 12 Lessin la Court San Mateo, CA 94402 650412-5276 hodin smcl.o w Exterior Return—San Carlos . Staff Retum—San Carlos 7 way Sorter—San Carlos Copyright®2011 Page 8 of 10 wit B City of Palm Spdm.1?ngFF'#0 '12 QUnIversitm ofT. 1�!-Roberts WbMIX "rsi iia8 h . , :AMM t4 OtiA1#rig- rco41e1 tN (option for IMA upgradd-lih ftftiune) 'Interior Returns 1 Hold Slip Printer 9-way Sorter cembsr 2 10 Led Lan ford Head,Aooess &Information 130 St. Geo `e tre t Toronto. ON M58 1, 410-9 8-2898 last a Copy[iAW 0 2011 Page 9 of 10 son N City of Palm Springs,RFP 102-12 VYQ. 10• Y,. - 1 Oftrior Return 1 Exterior Retum 1 Drive--up Ratum in Parkir, 4raga 1 Staff Return 11 w4lysoftr 06 rarv_ it on ' w s�v p F Copyright®2011 Page 10 of 10 80 TiNO iEMB City of Palm Springs,RFP#024;t Q SECTION.P: PROPOSAL, O h'3 tzATIWN, CONFgRMAKC WITH RFP INSTRUCTIONS/ AND D'LMONSTitA' D UNDERSTANDING OP Titt OVERALL PfWJECT AND ReQU64TW SCOPE OF WORM AND REQUIREMENTS 6 2 Without reciting the Information ragarding the.Project vertat►m.as oPetalp6d in this RPP, convey your overall understand€no of the Project and an understanding of the City's a motions upon Implementation of the Project. Palm Springs, like many libraries across the ccmntry, faces the struggigi of keepingr up with derhanding o1roulation incmases but has pressi M to hold or redus4 ing el lrt$es. The .only way to accomplish this without-adding additional staff is to a�the lit ry WOM- Ow. Implementing on autornated material handling system will relieve stuff.,of the everyday task of returns handling which.is a common cause.ofrepetitive mot.1 n an Offlr>g Injuries In lil�ri ". Implemer Aft this system will shift the reOns function froth the circulation desk to therAA�H Sys tem. ltinittf sllsp imntedfately,chock Items in for patrons with improved•act r'aoy and reduces ffie"#Ina rtetl tt Est iiari back in isttdn.titus.ivir►g sefrit ,tci:patrons:ln addWW the I*m oahcontlnuefo°workbfiorftraryhours Improving circulation wort rrRanr..Wittttt rite of rho AMH, the lib y will be table to shift staff to fig othor understaffed;cress as vveli as dirty assist patrons researching various topics. Over the life of the system, tha lipiary wants the flexibility 4+be able to adept the system should dreuiatlon continue to grow and be able to.keap up with ernerging technology. With the planned future .renovation, the library Iso wants to be able to adapt to building modifications with minimal additional Investment In the AMH system. From the city s standpoint, they want to ensure that the system Is installed and commissioned without problems and will then continue to operate with minimal interruption or expense" They also want the best performance, best value and the most.flexibility of a system. This means that the vendor must have a proven track record of timeliness with delivery and installation,cost- effective as well as timely responses when any service issues arise. mk can address all of these demands. t Eopyright02011 Pago f oft City of Palm Springs:PFP fi02-9'2 8.3 Based on the firms prior experiences and or the space available for the. tem insta1latiota,plebe to a#ii�,+any"trey!" or"arttical" issues that youbelieve may be encaunt ri crD the P' eraject; arad prc yis�$sips to t ie i ken:to etisuire the Isms.Identified do not of i t thei et(ocessful delivery of the PreJ.eait. Key Waves— 1. Compftanos with local fire codes—to prevent delays with the Installation and COMftsili*1df*9,syy*1eM' evnfirth, M fire reaMdi fliO'requlroments fcrr a tUe sWW or fire suppresbiorf on the autbmabd returns. 2. If the library prefers to use the, utwlth the eutom8ted retunfln the existing book retum.raom,determine If the existing electrical control panel-can be relocated to allow th000nveyorto'ilwetrmte fhe-interlorwag: 3. 'I Milne tt tfi d6er th the eXIStIMg 606lcrseturn room ban be iWocated to stiff allow t#ib T room tb be.used faf tfte. 4. If the lltirary prefer Jh$'layout wig the dnfir a syetem outelde of the existing hook return t rr -return tre-"tea in the area of the exletNhg a6eserts*W at the entrance to the.Allr y: 5. With.the requlrr r"Mt to Crave extratnelyfiigh accuracy and#re limited space in the circulation VMrk M,the tecliiniceirsgWrement to allow patrons #a*ep ilpte itemsat It!Me the fetuirf fs net possible er precficaL In or!derto iniurs high acouraey, patrons warilfl need 16fOW One iterh atA finie. Given the thrdughput capacity of the return,this will-not caWse eajor lir`ea to odour. Copyrfgiht 02011 Page 2 of 2 SORTING SYSTEMS at City of Palm Springs:RPP WbZ I2 0 SECTION C: WORK PiOPOSAL. C9 Proposer should refine and/or expand the Scope of Work to reflect their understanding of the project and include a detailed technical work proposal, Including proposed design plan,,methodology and technical approach, Inclusive of all materials, detailed proposed equipment list, and all labor(work plan)ngoaasootyy to fullyl.nstall, train Library Staff, and maintain it new turd-key 06rary Atrtomateil 1Giaterlais',FJshdling. system as requested in the scope of work. Identify aft tanks 'and''sub-tifisks required to successfully implement all•phases of the project. mk Sorting Systerns'submittal is based on a turnkey implementation.As an ISO certified manufacturer, we follow spec procedures for administration,engineering and manufacturing of an order. the library should assign a single individual to be the point'of contact between our project manager, the library and building contractor. Upon receipt of order, we will reconfinn all informat on`and specifications relative to the system design, building modifcations and ILS Interface. An'approval layout will be submitted that must be approved and signed off by the library before manufacturing can.begin. The layout drawing VAN also show size and location of building modifications to be provided by the library or building contractor. The library will also be responsible for submitting samples of check-in materials and sample patron cards for factory testing. Prior to shipping, we will test the system components and verify connections to the ILS via a test port provided by the library. Once testing is complete, the equipment will be shipped to the site. AN.library building modifications must be complated'pttor to the start of insWiation. Our Q service technicians°will arrive on site at the same time the equipment arrives to direot unloading and uncrating of equipment. Our shipper will remove crating materials ftom'the delivery point: Once all equipment is in the building, installation will begin. At the completion of installation, our technicians will do on-site pre-acceptance training, then:move on to final acceptance-testing that Is witnessed and signed off on by a library staff member. Training usually occurs immediately after acceptance testing, but is done with the input of the library and according to the availability of library staff. All work after acceptance is coordinated with our Service Support group according the warranty or Preventive Maintenance contract provisions. For post acceptance system modifications and relocation, mk will quote .the work necessary to complete the upgradetrelocation upon clarification from the library and availability of staff. All mk AMH systems are built using a true modular design. The system cenbe easily dis-assembled; modified and re-assembled to fit the library's requirements and done in a minimal amount of time with a minimal amount of components. We also use common components as frequently as possible to minimize the amount of spare parts required and allow parts to be easily swapped out in other parts of the system when required. �Pyri8M.02a11 PagB, oft on City of Palm springs:RFP#D242 C.2 Critioal functionality im mov that must be addressed in this section are: 1) Compliance with all of the"lowmalats as sot forth in the RFp under TIM • cal lt qutrements and Service Regfiirem,sntlt,'*use of self-servico,3)P1 *4010 relocated if current library space is remodq hW; 4)Attllityto convert to 10; add 5) Vendor s+irppdt ` (1) Refer t4 the indlvldual response$ in to Tow ica1 Req�rfremertfs"mk oomplles with all IWms exoefat)h$sbflttj!to feed na PIe` fns at a;tlrtie Irti bfddr'tb')tsura the hfph refs of sort rel"10.1 ity grid re d.1hil.of Who eS,;ifarrls must bo fad&*-a-f)fna. (2)It is possible for the properly trained library staff to perform basic rmintenadoe 01 the equipmentuping Ulp>tervice documento tion prEt detl tlpon,the completion dt irlsWO bn. Stliff can,aoo6ei-dddltlsinaf help from r onlfhe servl ho(line when rjobassary t6 correct rues.if that is Ins ufiloient,a.Pervk a technioJan;can be disPet ed to the site to correct the problem. (3}Once the libraryy' remodeled, the sAtom(on,be altered or moved very easily. Depending upon the scope of the move, the system can be moved in.r xor.moduloa after.minor disassembly and removal of arnohor bob Onca In Its Anil.position,.the system can be exparaded.en, rotted pack to pthor,•.r�ti�red end•rs-Corgrlaissietaed. Many, if not all, parts and modules osn•tie reused-without ttaving to discard any part gf;fhs system. (4)The systarrl.Inrill-te pmWed with 1he.abNtty:t9 oonyOrt.to RFID.sk*y by,reoonfiguring the controls.A 4 F1D reader/antenna wiN elr dy::be lnsWed in ea0-re 4m.The eonf oration settings i; ii be;modified and items tested byw teohniclan at the time of oonverslon to ensure everything:works witirout issues. C (8):R+efer to the geetions titled'Technical Support and Warranty." 0 2011 Page 2 of 2 6-Bin Sorting(optional 9 Bin Sorting) Ix Exteflor Return fx Staff Return Exterior Return: Bin 700000 Falk up ,I 10. h \ • � 1 . 1 11 IA mrca I A .sxvn Bin 700000 Staff Return V-3la"x 2-31/2" ` mnnM/w6gEmFn EwxM ` t R 711 �d — r —® - 6-Bin Sorting(optional 9-Bin Sorftih9) 1x Exterior Return 1x Staff Return Staff Return Exterior Return 1x Book Dhap Walk up Bin 700x700LhAnd moo_ Book Drop xxvn an sextwd7�Mx�+f,+xs..x,0. . - . - '. )taaxfi7Hpsenq iu.wM ' 1x6Ms1 p�p Y / E Bin 700x700 2'-31/2"x 2'-31/2" IIII II�� 4I C H N 6-Bin Sorting(optional 9-Bin Sor4g) Bin 700000 1x Exterior Return T 31/2"x 2'-31/2" Staff Return Exterior Return 1x Interior Return loptional) Walk up Ix Staff Return 1 1x Book Drop a Bin 70N7007$ �. H r � � 1 cis e= n'0 Book Drop ;e J IAI IS L 17/ fln Ue'+.'IeNb�+lepAel`q •�• ... NfIIE'-TI4MSw11F' . F .b xn Interior Return he { _ _ _ wr¢-n raetcavi� F o=_ . . hhelwhM .6hNwBMm Dr4 met Palm � ..VR,°C. sp�Iri9s:RR6'Y -12 R�onse VV 1' systerrrarrd 111of its c tpanents a##bee or f't m e sh {manner interiereiim the Polaris integrated library compatible millith and in no y c##for ry system, its computer clients,or 2. The s tam musi be tu*,vvith 3M.ascot# and#D Recall self-checic. 4. The s stem musR be able to mi rate to Radio Fr uenc Identification ttFID , y 4. The proposed syrstem must Provideappiisationspsc Y hardware d; sottvvare to Incorporate all y 5. The s stem mu , ',be able of s lip 6. e s e m 2-3 different induction units. Thystm shalt nteriace with the Library's e*ting Polaris automated library y tam sin th SiP2; rStP2, 7• 'the am m t riot use a tie # do NCOJP $. The system rn not Interfere with other equipment;automatedn. dih s y or PCs..that rary system clients y 9. The systelri sha `be'able to connect through the Library s Etheme RJ+45 connectorland/or.secured wireless network, t network via an Y If RFID is/vrill be used in the System,the system must.be#SO 15fi9318000-3 Mode y 1 orom .liant.and use Reader:Talks FBet tam, Architecture 11.The system must provide an intuitive user interface. y All products include the mk aQer—Pfeasesee Section 6 fof more 12. The AMH systerrM must provide a touch screen user interface that guides users Y rrrm'ation. the t�e tum :. s 13.The user interface'must not require I>atrons to have to place items in the drop in any N speciaF.way or orie.item at a time F-xce—# -Patrons must f A fte to s®tt air items for any 14. Based upon a configurable option,the display should provide user feedback when y reasons the AMN: acts: item. 15: Each Induction point in the s stem must have.its own user interface with a"staff Y The mk Lib#�Aana er � 2011 Pie 1 Of e is ttEE#�htr,Wfts:RPP*02-12 mode"or"staff rn rie snitch"accessitrle from file rearofthat particular device. provides staff access to all r., . . Inducttiwn points and ability to access the polnts in.staff 16. Sorrerconvoff t must be designed fo prohibit materials from becoming stuck in the Y Guam@ II is bait or failing off tba:side of the.belt g provided where ;: s�Fpr� al 17. In the staff mode the user may access, upload,-and'print statistics for each induction nt fine sorter or mod' confi oration for that device. Y See mk LibManager product 18. The system must provide a confi urabie o sheet in Section 6. fiat a repel t 9 ption so that the borrowers can select to Y Via mkLlbManager 19.The system must stave an option that supports a user-selected Spanish language Y ot' , 20.The default is to be En h. Y 21.The tam shall. 'rovide an a en st 4utton. Y 22.The system shelf support email messaging to alert staff or administration When the Y tam. . . . . on: 23.The system shag Orovide a built-in receipt printer with high capacity paper. Please Y The length of each paper roll list ecitic ie of roll. is 885 feet 24.The receipt shall`�e configurable so that the library can easily determine content. Y The content must support item'number,title,library name and location, time and date formatted to I and,a cu footer. 25.The library staffs 'all be able to easily edit; update arrd otherwise control the content Y of.tfie re without vendorir*WM.attan. 26.The race nt vide an autoutoa bil Y 27.The system shati eve the ability to print'out.a eumUla#ive receipt with*customer Y - -,libraryrn#o>trra ' ac determined awe 28.The system must.provide the ability to identify items not found to the Library's Y Yes,these items wilt be catalog and print them as"Material not owned by library", or similar,on the patron listed and highlighted on the rem' kand scree . recelot and screen 29.The system shall provide library staff with the ability to print an exception receipt for Y items that are on Wd or are an exception 30.The system must support SIP, SIP2, SIP2 plus extensions or NCIP connections to Y Polaris ILS for chock in and;holds, 41.To ensure futureiinte b1lity the system must support socket connections. Y J4 The system must-teod-Apm-specitic identification numbers,*communicate to the host Y uGgEs"2011 olrculatlon,S �1f'Pa1m`SP�Inili l 12 3 to update the library s inventory, tum on the security feature, retrieve sorting criteria and dispatch items to the Proper route and receptacle on the 33. System must me a staff Windows based works#ation and PC with master corOfter;e touch screen and Y 34.The system shalt a dual function p. capable of processing Irypswfth ARD.bar d es in the a transactions,.to.prepare:for the Library's eventual migration to ags and the Item Y 35.The systenr shall'be able to read bar�codes in multiple locations both on top and y bottom of"ll Top&bottom scanners 38.The s m shaA;' de real timecheek-in of aq items returned, included 37.The tom shall be capable of errs Eiecho netic Y 38.The system mus automatically store transactions during o�ffl'rnne situations and when Y connection is restored automatically forward all transactions. Y The system will store all W to ' with 39.The s baexlofe ystem shall tum on the security feature to allow secure Library operations y d. � oft�re 'ons: 4V.The system shall' a contigUrabie to acxept all items. . Y When conti pmw as such, any items al ca mot be . ider ed wUl W directed to 41:The s , tern sh °be able to handle sets of items with IiFID tags in the future. y the exception bin. 42.The system shall iden#ifjr location codes,item types,transit locations,holds,collection.code, request status or by one or more combinations of the above and sort Y Sort points can be items accordingly. can by the library and can be easily changed 43.The s em shall rovide the o Lion to sort unknown items into an on bin. y at a time. 44:.The s tem shalt have the still_ n the staff when a bin is full or missin . y 45.The system shall:have the ability to notify the staff when receipt printer is out of y f. 46:The system shall have the still to not' tare staff when the s tem is out of service, y Page 3 of 8 I� city mf Pskn 9pdngs.f*F #W12 47.The system sheet be capable Of being expanded to incorporate up to nine sort §` Y Our system is easily expandable at any time In 413. the s Stem mus be , . We of uential sorttn , the future. 49: The system rrausfprovrde for anvicnnmentaliy P tacted external patron returns y and/or internal n returns ADA cam Ilant and installed so an ales ma access it. 50. The external ret<drrrs must be of.stainless material In o ar ce with a rder to blend with any decor y sd•rein its e: 51. The external pa on return must have a secure door and/or photo eye that y automatical se r user . 52. The s tem shall be able to be mounted on an external or interior wall of the fib Inches, . 53. The system must accommodate items as small as 21 inches thick by 2 inches by 2 y 54. The system must accommodate items as large as 4.0 inches thick by 18 inches by N Exception—ink maximum 24.0 inches. aNawebte Item is 3.W H x 55. The system musYbe capable of operating in staff and public areas without cousin 15.8"L x 11.8"W jrlthrfierence to normal library operations ys completely 9 Y Ours tern is cem letel ter ,)Ili of 11 �a1" os on na tarpons or 56. The system must operate with quiet*sealed electric motors,*rot air co staff. mpressors, to y control.noise anti to eliminate introduction of pneumatic Moses and devices in a a 57. The s tern must o rate beksw normal conversation levels Y 58. S tem should operate onl when it senses materials bein returned y 59: The s stem mu .t nit uiee•an ciaF whin . Y 60. All sorter components must operate usin standard 1 t0V or 220V r Y 61. The maximum power required lbr sorter should orma not exceed the ni.power Y available from a standard 110V 1P 60 MZ electrical outlet or 220V 1P 50 Hz electrical'outlet �a'ltVtCE'REQ!llg- �2t111 Pap df Parrs .RPP. . OWTI R$ Response Comm",") 1. Toll ree teleph bass Lance on system use and tmu 7: teahoot� or 1+t OQq M:to 6© P:M. Peoft.Time;Tuem*t� avail ie hetween y IrltataFah' Rectfr . I. The proposed Lem mustbe Re �oras® �: rf'Ri tea accordin to a coordination with Library staff to minimize dis g schedule determined in y time ruption and prevent Libraryclasure at Coss 2. Vendor must also be able for consultation on placement of hardware to y accommodate neAnd t -ma�itze , peer and ventilation requirements,-building restrletions, etc., and to maximize the woridlow,.s issues taffiitg and patrgh convenience 3. all The Contractor shall provide training for the Library staff This training shall include Y Electronic versions aspects of the!AulOmated Materials Handling system and shalt be scheduled with of the the Director of Library Services to accommodate the shift schedules of the librarymanual are also provided. employees. The scope of the training shall be sufficient to teach the propr Refer to Section 6 for operatron:of the stem and the cost forait irairiing s to be . Training Documentation. Proposal:Vendorro!iH be P tirthefoist0* and bound.CO required to provide the Library two(2)completely printed ofan eration-Manuat.fc+rthe em- t lIallOd 4. Final acceptan commissioning by the City Heil not be granted until the system has y been delivered,irtstafled, all functions;tested and workmanship-is it d;a proPeuy flperagng,st t&alned,, approvEd by the City of palm Spdngs Director of !n a and Service Requirements Requirement Refer to Sectfon 6 for Technical So rt and Warranty Response Comments) 1. If providing RFID conversion now or in the future,the circulation RFID tags must be or N guaranteed to be effective for the,life of the item to which the are on mal affixed Y Industry definition of item life and, if found to be defective, they must be replaced at no cost to the Lik is 10 years from date of tag Library. receipt, as long.as tags are stmd �P@h4�>2011 Page 5 of I I GNv of PZ1M8prir4s:{ P#0L):12 : 2. The successful. orwarranls all products, indudin all heat am7 Ehumid software,for a pe"od•of one' 1 9 equipment,hardware,and Y the City.The warm ( )Year from the'data of acceptance of the project by my shall include all.parts and aff labor. Any equipment found to be defective shalt be replaced by vendor free of charge, including labor and any qulpm .or outbd}rnd shipping costs. Defective equipment is defined as any equipmentthat requires three.(3).or more repairs or service calls within a.one(1) rigd. 3. Softwarev n Sultwme patohes and service packreleasesmustbe. all equipment under warren or service a supplied for Y Libra greement at no additional d,ar to the 4. Service technicia s must be fulty.trailned, factory authari ed and certified by the Y manufacturer fio . 5. The bidder must j13ve faryy feetory-trained tedxiiaans stationed on the West Coast of Y the United:States onsitellar+dware.su and-service: 6. Tel:11ri.cianssnallbecentrall di etc ed. Y 7. The Library shall a able to request service on a 24-hour basis using a toil free 800 Y mrmber. 8. Technical softwa hone su will be ded via an 800 number. Y 9. Service technicians will be equipped with parts normally required to service y the— e mart and redo�rrrre;. 10 A e res .nse lime must be 8 hours or less. Y 11.Failure of vendor to meat s fntract` pacified standards may result in termination of service Y 12.The Service ant must be fanewatite on an annual basis. Y 13.The Service Agreement must include remote maintenance for expert technical Y consultation and software support 14.Warranty and SOVIce,requirements apply to both Standard and Optional system Y comDorwft. 15.At the end of the initial original one(1)year warranty period the vendor shall provide Y See Section 6. five(5):years of ongoing cm-site serve and support for the Automated Materl als Handling system. The cost for such on-site service and support shalt be at the prices set forth in the Cost Proposal, Exhibit C, for next business day service; eme rs gpMc. . vreekertds. liow 02011 Page E sonnxa srsr�ns City of Palm Springs: RFP#02-12 0 Project Implementation Plan mk Sorting Systems will help to Implement your system with full attention and support from start to finish. Each step of the process we will be available for questions, consultation and support to make this transition to automated materials handling as smooth as possible. mk Sorting Systems is responsible for the manufacturing, delivery, installation, training and support, and promises to communicate with your library as each step in the implementation process Is approached and completed. mk manufactures all of our products and systems,.we have complete control of all steps in the manufacturing process and do not have to deal with third party companies that may create delays or incompatibilities. This ensures that we will deliver as promised for every deadline during the Installation process. After mk receives the library s order, a member of our Sales team will process the order and coordinate with our headquarters in Germany to ensure the project remains on schedule, Including the manufacturing and shipment of materials. All order confirmation and shipping documents will be sent to the library as soon as they are available. In addition, there will be a site visit conducted by our Sales and Project Management team. This visit will confirm the location, measurements, layouts and design of your automated materials handling system. Once the layout and design of the automated materials handling system are finalized,.a final layout will be submitted to the library for approval. once approved, the manufacturing of the equipment will begin. All mk products include the mk UbManager software. mk LibManager is a web-based Program that allows staff members to monitor, control, edit, customize and maintain all mk equipment. The mk UbManager software allows staf to easily obtain and interpret information from the system to provide statistical data and reports. Andy Sorensen,our Service and Project Coordinator, will demonstrate how this easy-to-use monitoring software will benefit the library and how the staff can utilize various customization options and set up notifications of any system actdvdty. After the manufacturing of your sorting.system Is completed, we will conduct a one week test In our manufacturing facility with the sample patron cards and library items provided by the library. This run-off will occur to make sure all components of the systems are running effrc[ently before shipment. The system is then shipped directly to your library and installed by our factory trained service technicians{this.process will take appro)dmately one week).All AMH system training will occur after the acceptance test is completed at the end of installation. During every stage of this process, our skilled team of sales, project management, IT, service technicians and staff will help to provide.a smooth installation, answer any questions and provide quality service and training to your library. Copyright 0 2011 Page 1 of 1 a . •, ••a a �LL��iIL lLVS7 ®®d ®III FIIr7 FIf�111�11F�11Fz1 LI©IIF�IIF� ,. Total Weeks ll ,. 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P ND 8 S City of Palm Springs:RFP#02-12 0 . Section E: Local Refmnoe mk Sorting Systems is headquart8rtdd°In Sii sbartr, CT, #Item1 Would not be considered a local business for Palm Springs, CA. mk Sorting Systems Boas, however, have a remote office location in Sari Franclsoo, CA where our Seale teohnician is located. He will be avagable to assist the library in any senrl" f airs. Please sae.he Teotl�oai Support and Warranty sections (Section 6)for . ' Z llrpation on our ServkO*upp6rt. Copyright m 2011 Page t of 1 �€ b { . Y � w h • N NL'. 1 Y . b N. Y Y X Y� a Y• Y'.. 4 . Y :{ 4 C Y� 4 - y. P tle• - Y R]fi*6. d• • 4 JY - 13hm C i ♦' 44 PY' 8 �q .� f •iY � "YiP i`"YA t:-: fd - 4 R• r RYA r •s_�Y+' « [ Y a1jY: Y R F'Y s 9z 11 i'4 - 4' L; f'• £-. ;: �- Y�c: b.: �b e'd:.D i - ,. :`I A i , ,'., 1..>- :.-. :, 4 ry :. ) I •. J C•l EP .. - P M C I: • :f i. y 6: f :.i i'ilpy .ja vtu fir• h: R:j`. .'Y .'1 ' �P4 H ^ Y, , e: 6 616 tl K` 0 ■ mk Intoner Refum Flexible, simple and modem Benefits for your patron: Benefits. far.ywr Ilbrary; Ergonomic as welf as providing,access to • Stainless sael front; anodized aluminum framo patrons with physical , Talicued 6 yrau 'bW.M"�.vaffous • :User-friendly operation WO Wrnptkr rhenu materfets iiid'i cilcr options prompts for patron and etas` Soft ocnV ft r bail for gentle MORMI hand ■ :Return process started.by placing IWnon the -Ram a d%o(k in, vAth security belt status raw ■ 'Instructional animations, tE 'e W tlles%VW, For Items.fit as a set,WM n d if Rem is Tee staters, pint ye&= missing • Multiple languages avv#AW Rernote.bWAPAbooft.via asom VPN ■ Option for paper re t,.o mad;i %.teed oonnecom message or opt out of transaction Less than 56 dea el Ievels Long wad Imes are avoided Technical Detalls; Media • RFIQ, 8arcode orHybx (B tD f ) . min. 2,4 x 9.3 x 0 0.7 in. (100 x 60 x 2 mcn) max. 15.8 x 11.6 x 3.9 In. (400 x 300 x 100 • SIP2 or NCIP communication min) ■ `Standard return: L 37A x W 34.9 x H 40.2.In•. Weightma ,_h t, 1,1oz:(30g)'Max:1.11b (L.49 x 1INt387 x.H045 trxyt �) (counter 12.4 InJ315.nun) Scratch resistant i r touch Scarew Optional: 110MO Volt 1P 3 binsort l.re. . 2W440 Volt 3P 4*"bin softer Audio f E and UL Hsted UninterruIAed.powersupplY * UbManager will be.your standard supervisor • Account information and Renewal software kSprting Systems Inc. Plan:*1 am F ti f1438 C#errnanDrive,Sum C wwwvvA*- 1aMsxorn f ,CT OSD70-USA te�s.ca[n r ab� b f � H • tl p 4 f.'a 24C j 9 a r a: w • :-at� 'i b9 Yam: h R i -'•. t' _ p i s e R 11' b Y� Ik rf rY, •. 'I!. � i:f �'9�.f -. f' ♦.;Y Y,r 4'S' pM: 4[.:. 0 ° 5: Q n 5::ip 1 Q urn rnk Extenoor . t 24 hours a day - Indepandentfrom qperdgg hours IIII _.d- Benefits for your.patron; Bsnefitsfor. your librsry; * Return items 24 hours a day;buippe tt from ■ Stainless steellrafn#with.SOCU ty window to Pam. opening'hours system from.wef and ■ 'User friendly operation vft i ■ Specialized.off control prevents-ciouding.or prompts for patron ands freezing of the w1hdow. ■ Fee status, with.Integrated°paywomit Avow ■ Integrated touch saven and:.iectsipt.pr ' t, ■ WKIple languages avallabld Item aul ell In, with sea►Ajt status ■ Ergonomic and handicap. reset ■ Access window opened by p n r -or.*xwy a Soft Conveyor belt for gentle,msWtarl.handling media(baroode or RFID) a Full systemirAnkodng and dWgnaa9ee Option for paper r+ecell;4 e-mall racelpt text ■ Remote malrdermw via 90=9 VPN 00FRIOCUM message or.opt out of transaction Technical Detalls• •' Weight•medle: Min.l.loz(309) Max 1:titt (g k9) RFID, Barcode or Hytxid (RRD l Baroode) ■ UtJCE system cw*W •' SII or NCIP communication ■ l- �9er+ae yr starrclarrl stirpa r software ■ standard return: L 37.4 x W 3C9 x H 41.2:Im (L 949:x W 887 x H 1045 rn i): Optional: (counter 12.4 inJ315 mm) ■ Integrated EM.re-sensitizing seratrh resistant l7"touctmeen • Audio feedback- • 1101M Vol 1P 3:bin sorter • Uninterrupted pa r.supply -- ■_ 208f440 volt 3P 4+bin sorter ■ Hold sup pry(am-produot sheet) P. Veda capac ty Account InformWon and Renewal Min. 3.9 x 2.3 x 0.7 in. (100 x:60 x.2 m ) ■ Fire detecflon and suppression Max. 15.8 x 11.8 x 3.9 in. (400 x 3DO x 10.0 tnm) a*Sorting.System Inc. Pharr y1 70 Q438 .r�t Sulle c -SM. CT 05Q70-USA -o= vY F F � kv RE, 40 r Y Y 1.. Ir - '.n '^i ex'i IY ' R ,N'a - - 1 4P' v :« :A Ar .-1« 1 - '.b 4 dA.A, '✓r'.YI ` • va 1'0 • '� „ Mp" Y 0 "f 1 k b f 0 . .mk Holds S11-PR-trinter Clrculatlon of your holds fasW than wiOr bOore 1" I3'nefts for Your_library, • Check4n identMes'a hold,sands Item and patron'idetMcation via the UA to the hold ski' Printer. • Hold sups contain: ID near, patron numher, Book ID and. ft OW 0ialalar>ding fines; Worary nane.atnd`addtass;mmw dada �` for the hold and a due dale can also on 0P• a Printer prints each Md In a sucoasslo l~as ►tears are sorted to the ash holds W partially perforates the slip. a When the bin fup'.sensor is triggered, the Printer will stop. ■ Last in,fs'st:cut: Staff can match the two as they emptythe bkwMwM haft-to search for and match kems: a The printer process starts agate whan,the bM Is ganged and the first hold item Is sorted'kft the W. Technical Details: • Printer ipte$rated in sorter's o t --- a Epson TM88 rnk.Sating Systems Itnc. Phone.+1 MUM 0436 17"wMan Ortm Sake C VOWWAflc4016*9"Non -CM r SWAbury.CT OOM-USA S0 6YSW R City of Palm Springs:PWP 002-12 0 Technical Support Installation of your system will be conducted by factory trained service technicians. We have:a local mk service technician located in the city of San Francisco who is available for service calls when needed. This guarantees that any questions or issues that may occur will be answered quickly and effectively by our team. We will first attempt to service your products via remote. access. If the problem cannot be resolved remotely, our local technician will be dispatched to the respective branch. Regular Support Hour—Toll-Free, E-mail and Fax Support The AMH system comes fully equipped with our Control Panel Visualization Software and has video cameras installed Inside the AMH equipment providing library and technical support staff full diagnostic tools to evaluate the system remotely as well as the ability to evaluate the system at any moment from ank location. The use of this software allows us to solve over 95% of service issues with a simple phone call. Regular Support Hours • Monday— Friday 7:80 a.m. - 10:00 p.m. EST • Saturday 10:00 a.m. —8:00 p.m. • Sunday 12:00 p.m. —8:00 p.m. • 24 Hour Toll-Free Emergency Hotline Support Hourly Costs • Telephone Support—The cost of contacting Technical Support Is included at no additional charge In-the initial warranty and then as an extra option in the extended, warranty pricing. • On-site Support—The cost of having a technician on-site is included at no additional charge in the initial warranty and then as an option In the extended warranty pricing, Technical Support Contact Protocol Initial.contact is made to our Technical Support Department. These staff members will draw on their experience to solve the problem using the diagnostics available in the software, accessing workstations remotely and with the assistance of library staff. Technical Support staff will consult with mk Sorting Systems' development team and our system hardware engineers should escalation be required. if an on-site visit is required because Technical Support has either been unable to determine the problem, or because it is a hardware issue that requires on-site attention, rnk Sorting Systems will issue a work order for a Technical Support Analyst. In the event that the technician is unable to solve the issue, staff will be flown to the.library from one of our sales and service locations for further troubleshooting. Resnonse Time We respond_to:telephone,jax and a-mall requests for assistance within a four hour time frame: _. In the event that mk Sorting Systems Technical Support.is un lve the able to so ,problem remotely, an equipment-trained technician will be available to provide on-site support. In emergency cases, a service technician can be there within 24 hours. All of the technicians are. fully trained in all our systems, and will be involved in the installation and implementation of the initial systems. Copyright®2011 Page 1.of 2 City of Palm Springs:RFP#02-12 Warranty Standard Warranty Equipment, Software and Components mk Sorting Systems offers a full 12 month parts and labor warranty from date of customer acceptance on all hardware and software. Please note that damage caused"byvandalism, negligence or work performed by a third.party other than a mk service representative Is not covered under this warranty. Satisfaction Guarantee AU equipment purchased is.covered by a 12 month maintenance tie rAqe agreement.We offer a 12 month 1001YD money-back satisfaction guarantee on all equipment.purchased.. . Extended Warranty mk Sorting Systems offers an Extended Warranty.on the Automated Materials Handling Equipment. Extended warranties are available and are renewable annually. Oation 1: Annual Preventive Maintenance Inspection ■ mk Sorting Systems provides one scheduled-annual maintenance visit. The Library pays 100% deductible on hardware replacement. The preventive inaintenonce includes a.check of all hardware and making any adjustments,required. ■ Additional service calls during the year arising from any problems will be charged separately according to our general terms and conditions. Option 2:Annual Warranty Extension Gold ■ The Library pays no deductible on hardware replacement and includes two scheduled, 'oustodiar visits per year. OR Silver ■ The Library pays a 50%deductible on hardware replacement and includes two scheduled ■oustodiar visits per year. Annual Maintenance/Custodial Visits Two annual maintenancelcusttidial visits are included with the silver and°gold warranty10 make any necessary adjustments and to confirm that all mechanical parts are functioning properly. 16 addition a full system cleaning,and PC cleaning will be conducted. The technician will check all :bdjts.-components and confirm laafignmentof the system. fide visit includes-a-ch eck of ail hardware, software and any adjustments that might:be needed. Spare Parts Spare parts are located in our Simsbury, CT office. In the event that there are hardware- challenges and replacement parts are required, they will be sent by overnight courier. The library also has the option of purchasing a spare part package as part of the Preventive Maintenance and Service Contract after the first year of warranty operation. Copyright 0 2011 Page 2 of 2 nno srsrEMs- - . City of Palm Springs.AFP f/02 tR O Training mk Sorting System feels that training Is a key factor in the success of the Implementation of,the system. Training is included in the purchase price of the system. Customer Centered Training All training provided by mk Sorting Systems Is customized to meet the needs of the Ilbrary.., When implementing new technology, training library staff in the use of the equipment is pivotal to the success of the project. In order for library staff to got the most out of training, we coordinate with library training staff to customize the training speoific to your library. All subsequent lesson plans and handouts are oustorn0d for yuur'library. Library staff who will be responsible for training receive these dodutnents in an editable forth so that they can be updated as needed. Training Models The type and training of library staff is dependent on the number of staff,requiring training, the size of the library and library system, and the policies and philosophy of the library system. These training models can be adapted to best meet the needs of the library. 1. Direct Training in a Central Location-mk Sorting Systems training staff will train all UbrW , staff in the library system in a centralized location. This training will be customized based on job requirements for the library staff. 2. Direct Training in Multiple Locations-Library systems that have Installations in multiple branches may prefer to have the trainer provide training sessions in each branch on the installed equipment or provide centralized training, requiring trainees to travel a short distance. 3. Train the Trainer-This type of training ensures that key staff members are trained in the system use and are also instructed in how to share this information with other staff. Designated staff trainers are given a copy of the lesson plan as well as the handouts so that they may train other library staff on the equipment. This method ensures that staff members are able to provide training to either new library staff or library staff that have taken on new responsibilities. Training Outlines Automated Materials Handling Basic Operator Training- 1-2 hours This training Is for all staff responsible for the basic operations of the Patron Self Return Unit and the Automated Materials Handling Unit. 1. General Introduction-This provides an overview of the unit, including the parts of the system, configuration files and other salient points. 2. General Operation of return stations-This demonstrates how the interior and exterior Patron Self-Return-Stations work . The session covers placement of materials and patron cards, how to ensure RFID tags are being read correctly, and how to use the UbSoft software. 3. Changing receipt printer paper 4. Staff Induction Unit (if purchased)-A full demonstration of the Staff Induction Unit is included. This includes adjusting the workstation so that the library stuff is working under Ideal ergonomic conditions. Copyright 02011 Page 1 of 6 City of Palm SPrings:RFP#02-12 5. Removal of Bins from the Sorting Unit and care of the bins. 6. Cendrai Care Covers regular cleaning and care of the system to Insure optimal peiforfnani�:` 7. Coaching patrons during initial startup—Best practices for getting patrons adjusted to using self-check returns during the first weeks of operation. Autontrltid 4tiOt s Hlandihiil•supervleory'e Uff-g4hours 4. 'Phis session is daW.W for tlw"s"yipet U ",of", Automated Materials Handiing..4lnit 'I'fae. progi^atnirtikig Qf th0 unK.(e.g.'sstup of orifng pro6fes,,touch screen dl�sIgn efc �, st rtup and 4utdosril Omura¢, emerigency%proc tcs and Baal&troubleshooting skills are demonstrated. Al des of tliila session sttouuld cpxlipiete the basin operator training.prior t0., this session: Automated Materials Handling Technical Support Staff—1 day This-;sewn is des ned•for,lndiiadyafa who will,be mponsible for ttie onsite.sym ste care.and rhamteria�ti<x;;of the ufomailed ier�s Handling Unk This individual ahoutd have basic rnachamcai aptitude and bo opmputar'i teeata. fiopics to:be covered inplust+:l k?erfodic. nxaint nanoe, cleaning. equipment adjustments, basic troubleshooting and spare parts repleoia Is;nt f • Copy ht 0 2011 Page 2 of B ■ "O TNO rMS maim City of Palm Springs:PFP A9.12 O Product Documentation All systems include,a complete electronic.set of documentation for al levels of operation- l Operator, Maintenance and Troubleshooting. Updates are not scheduled, but are provided whenever changes occur that affect the accuracy of the documentation. The library will:be immediately notified when any changes do occur and the documentation will be updated as well. The following is an example of an excerpt from a product manual: Introduction Dear patron, we thank you for the trust that you have placed in us by purchasing our product. These operating instructions will help you get to know the return and sorting system from mk Sorting Systems. They contain important suggestions for operating the system safely, properly, and economically. These operating instructions also help prevent dangers, minimize repair costs and downtimes, and Increase the reliability and life span of the sorting system. In addition to the information in these operating Instructions, the operator of this return and sorting system has some additional obligations. These obligations are also a component of these operating Instructions. Organization ofthese operating Instructions Q These operating instructions contain the necessary information for all of this system's user groups. For patrons who are returning librarys material, it is sufficient to be aware of the Information in the section "Return of llbrarys material"or be instructed in the activities that are described in that section. For this, it is enough to post this section near the return stations or hand it out when distributing Ilbrarys material to the patron. For legal protection it is recommended that the patrons document that they have taken note of the information. Set-up, removal and disposal Qualified technicians from mk Sorting Systems will install and set up the system to make it ready for use on the site of operation. The system must be properly uninstalied and removed by tralned.technicians (e.g. by rnecbanics and electricians). The applicable safety Instructions and recognized installation rules must be followed. The individual components of the system must be disposed of aceording•to the applicable fegu}at+ona in an eiwir; nmeilthfly-respanslbfe finanrrer. Operator duties Before putting the system into operation; a "person responsible for system operation" must be appointed: The name of this person must be documented in writing. Copftht®2011 Page 3 of 6 RRnn�� 80�_a8Y8 MS City of Palm Springs:RFP#02-12 The person responsible for the operation of the system ("responsible person")should be able, based on his position and experience, to detect possible dangers and risks related to working With the system: He must be authorized to train all other people who wolk with the system. The responsible person will be trained In the functions and safe operation,of the system from risk Sorting Systems. He will than be entitled to select and train additional people to work with-the system (library staff and people returning the library s material). The responsibilities, the permissible activities and the obligations of the responsible person will be described below. Responsibilities • Knowledge of how to use computers runhing on Microsoft Windows. Authorized to train all other people workdng with the system. Permissible activities • Return librarys material. Start the sorting system. • Perform maintenance and service work. • Simple troubleshooting. Obligations • Read, understand, and follow these operating Instructions. • Select the library staff according to the directions in these operating Instructions. • Train the library staff. Regularly check the suitability of the library staff "Demands on staff working on the system," see page 5. Ensure that the section "Return of library's material"Is read, understood, and followed by everyone returning librarys material. It is sufficient to post this section.near the return stations or hand Itout when distributing 1 rarys material to patrons. For legal protection, it is recommended that patrons document.that they are aware of the information. Instigate and check general service work(according to maintenance plan). Instigate the maintenance and service work. • Monitor and regularly check all activities associated with the system and processes by using the display on the visualization PC. • Check that the system is working properly. • Regularly check the operation of-the safety equipment(daily and before each startup). • ' Ensure that everyone who is assigned to perforim tasks on products by mk Sorting Systems' such as operation (including set-up), troubleshooting the workflow, overcoming production standstills, maintenance; disposal of operating media and servicing (Inspection, repairs, trtaintenance)and transport`is infnrrhad about-ttre dangers assslafiesf. o ittihe syts well as the type and location of the safety equipment,(for the emergency stop switch, see page 10). The responsible Person must provide appropriate training. This can.be in the form of training documents, informational material or by oral Instruction. The responsible person must ensure that all operating steps and safety guidelines are received and understood. • Copyright 0 2011 Page 4 of 6 ■ City of Palm Springs.,RRp 9&12 Q Ensure that the operators are aware of all safety instructions for mounted and peripheral parts which are not directly part of the system. • Create a work permission system for the library staff. • Create operating instructions that delineate the responsibilities for startup, operation, and maintenance: • Regularly make sure that the library staff. • Identify hazardous areas (through clear and easy-to-understand signs). Safety Safe and correct use of the system The system has been built in accordance with the state of the art and the applicable tachniQW rules and regulations. Nonetheless, this system may be hazardous to persons and property IF • .It is not used as intended. • It is operated by untrained staff. • it is operated by staff whose physical and mental abilities are impaired (by overtiredness, alcohol,drugs, etc.). • it is not serviced in keeping with the instructions In regular intervals. • It is improperly changed or modified. • .the safety and monitoring equipment is disabled or removed. the safety instructions are not observed. • these operating instructions are not read and observed. The responsible person must ensure that the operators are familiar with all safety instructions for mounted and peripheral parts which are not part of the mk return and sorting system according to the order. The responsible person must ensure that all safety equipment near the return and sorting system (barriers, identification of danger areas, escape routes, first-aid equipment, etc.)are known to the operators. While the system is operating, at least one person must be present who has been trained in first aid. The appiicabie fire prevention measures must be coordinated with the responsible bodies (building inspector, fire department) before startup. Proper Uses of the system The mk return and sorting system is intended solely for conveying and sorting library's material (books, CDs, newspapers, and DVDs). The permissible librarys material are listed in the technical data. Any other use such as the transport of people, inappropriate parts or other products is considered improper. mk Sorting Systems is not liable for damage resulting frbm improper use. The operator alone bears the risk. Proper use also includes adherence to the operating Instructions and observance of the inspection and maintenance intervals. The system has been constructed specifically fora single purpose and has been adapted to the conditions at the installation site. These basic conditions have been specified in writing in the purchasing contract. Every modification of the system or individual components without the approval of mk Sorting Systems is impermissible and may lead to unforeseeable dangers and damage! Copyright*2011 Page S of 6 O City of Palm spdags:RFP"102-12 Dom,afids on staff droffingiv tthe system Modifications and changes to the system . for safety resee", 4A"otfzeQ changes to the system arc.not allowed. Modif#eations of the layout, the number of modules as well as.the operating process and functions must be coordinated with the manufacturer. Nonobservace will void warranty claims and may lead to unforeseeable dangers to persons and equipment. Furthermore,,unauthorized modifications and additions to the system will generalky void compliance with the applicable standards, permits or declaration of conformity. In the case of repair work, only OEM.parts (of ink Sorti Systems or We Assembly manrafaotQW) maybe Used to replace oonntserrbnts srd wearing f�. Cpyiight 2U1 t Page 6 of 6 EXHIBIT"D" SCHEDULE OF COMPENSATION As stated in,the mk Sorting Systems Inc.fmai proposal dated March 20,2012(see Exhibit"C"),the Grand Total cost for the new AMH system and RFID conversion, inclusive of delivery, labor and all applicable taxes and duty,is$359,201.19. The first year maintenance and warranty support is Included in this cost. However, after the first year of warranty expires, mkSordng Systems Inc. will continue to provide ongoing maintenance and support under their extended warranty at an annual cost of$24,113,per year, subject to a 2% annual increase commencing with the second year of the extended maintenance warranty program. The schedule of payments shall be as follows (mkSorting Systems shall provide a valid Invoice for each milestone so that the City may process payment in a timely manner): • 30% ($107,760.35)is payable within 30 days of Purchase Order confirmation by mkSordng Systems and receipt of a valid invoice. • 40% ($143,68OA7)is payable within 30 days of Delivery and Installation of the system at the Library Center and receipt of a valid invoice. • 30d10 (107,760.37) is payable within 30 days of Final Acceptance by the City but not later than 1 month after delivery and receipt of a valid invoice, under the condition that the system is operating properly. mkSorting Systems is not responsible for installation delays caused by the City, or that are beyond their control Extended Gold Maintenance,Support Warranty: $24,113 per year after the first year warranty period ends(which is included in the initial purchase price). The annual support is subject to a 2% increase commencing in the second year of the Extended Gold Maintenance Support program. Annual support fee is due and payable in full within 30 days of a, valid invoice from mkSorting Systems. mkSorting Systems cannot invoice the City for annual support until the warranty anniversarydate. 39 EXHIBIT"D" SCHEDULE OF COMPENSATION As stated in the ink Sorting Systems Inc. final proposal dated March 20, 2012 (see Exhibit"C"), the Grand Total cost for the new AMH system and RFID conversion, inclusive of delivery, labor and all applicable taxes and duty, is $359,201.19. The first year maintenance and warranty support is included in this cost. However, after the first year of warranty expires, mkSorting Systems Inc. will continue to provide ongoing maintenance and support under their extended warranty at an annual cost of$24,113 per year, subject to a 2% annual increase commencing with the second year of the extended maintenance warranty program. The schedule of payments shall be as follows (mkSorting Systems shall provide a valid Invoice for each milestone so that the City may process payment in a timely manner): • 30% ($107,760.35) is payable within 30 days of Purchase Order confirmation by mkSorting Systems and receipt of a valid invoice. • 40% ($143,680.47) is payable within 30 days of Delivery and Installation of the system at the Library Center and receipt of a valid invoice. • 30% (107,760.37) is payable within 30 days of Final Acceptance by the City but not later than 1 month after delivery and receipt of a valid invoice, under the condition that the system is operating properly. mkSorting Systems is not responsible for installation delays caused by the City, or that are beyond their control. Extended Gold Maintenance Support Warranty: $24,113 per year after the first year warranty period ends(which is included in the initial purchase price). The annual support is subject to a 2% increase commencing in the second year of the Extended Gold Maintenance Support program. Annual support fee is due and payable in full within 30 days of a valid invoice from mkSorting Systems. mkSorting Systems cannot invoice the City for annual support until the warranty anniversarydate. 39 EXHIBIT"E" SCHEDULE OF PERFORMANCE is provided on the next page 40 Project Implementation Plan for: Palm Springs Library Center Palm Springs Sorting System ano RRD Implementation All dates are estimates It this time and areinot guaranteed-exact dates on be provided when receipt of order is confirmed _.. Activityr Verifyall bdormation about axisangcustomer automation, Rese2nsibility Week" kwtmtv network,space requirements and instatlaslon speenimtbns is Res t Week• complete,accurate and understood by both parties Palm Springs/mkss completed Order Confirmation Review In, lem rftW"Schedule and Plan PalmSprings trriss I Order Confirmation Coro letal nten neerin - Palm Springs/mkSS 1 Revlewlm IementMlon Schedule end Plan Pafm Springs/mkSS 1 Submna rMlla uts a rovelofla mkSS 1-2 RFIDU arrives Palms rin mkSS ! ManutacWri ofe ul ment .Palm rin mk55 2 Ta Stations arrive miss 2-3 Customer deveb sores references/tabk/scri Pal S rin m mk55 3-15 Ta ro mkSS 2-3 m miss SI Customer ships test materials to mk for factory 3 testing-books, SeHChecks,Staff stations and Gatesarclve 4-9CDs,DVD with current PRO to Palm Springs 3 Installation of Sefi Checks,Staff Stations and Gates mkful miss riortoshi I mkSS 9-10 Hardware delhrered to fibre mk55 1415 Test Hardwarc/softwam Install hardware mkSS 18 (lion rccehes fired train! manuals PaImS rin mFsS 9-10 Test Hardwe software mk55 18 Libra StafiTreinln PaImS n /mk55 10 Libra receives MQUIred tralnl manuals .............. /mk55 16 macceirtgnteand.w. m 9hro" mk55 10 Libra StaffTMni PaimS rin /mk55 1g Palms nn mkSS 10 mkSS 18 AddMcmn Activities Responsibf Pre-wamnty On-Site regular maintenance_ y nmenne Addon o ration after! earof mkSS Iyearafter Pre-warm On-Sfm my regular mainte11 nance-afters Responsibl timeline• ame tance o ration ymrof mk55 !year after _ acce nce Page 1 nF 1 z/zs/zolz CONTRACT ABSTRACT CONTRACT . Company: MK Solution$ , n , Contact Name: Rachel' A. G. Davis, Business Development Mgr. Address: 75 Acco Dr., Ste A-3 York, PA 17402 Phone: 860-760-0438 Email: rachel.davis@mksolutions.com Summary of Services: Annual Maintenance Gold Program Annual maintenance, email support, phone support, on-site support, hardware replacement parts, spare parts automatic refill. For 7-bin book sorting system, book return, 4 self check machines, and security gates. Contract Price: $27,930.00 Funding Source: 001-2710-42920 Contract Term: Annual renewal with not-to-exceed 2.5% increase each year. CONTRACT ADMINISTRATION Lead Dept: Library Contract Administrator: Jeannie Kays CONTRACT APPROVALS Council/Comm. Redevelopment Agency Approval Date: 10/2/19 Council Approval? Yes City Manager Approval? Agenda Item No./Resolution No.: 1 H Agreement No. A6231 CONTRACT COMPLIANCE -n c o y Exhibits: Signatures: Insurance: m Bonds: n o;o _� vn CONTRACT PREPARED BY: Library m Name: Jeannie Kays Phone Ext. 87 Date submitted: 11/27/19 y AMENDMENT NO. 2 TO CONTRACT SERVICE AGREEMENT mk Solutions, Inc. (Agreement No. 6231) THIS SECOND AMENDMENT to the Contract Service Agreement No. 6231 for the Automated Materials Handling system is made and entered into to be effective on the 27th day of November, 2019 by and between the City of Palm Springs,a California charter city and municipal corporation (hereinafter referred to as the City), and mk Solutions, Inc.,a Delaware corporation,its subsidiaries and affiliates (hereinafter referred to as "Contractor") collectively, the "Parties". RECITALS A. City and Contractor previously entered into a Contract service agreement for the purchase, installation and onsite service and support of the automated materials handlings system at the Palm Springs Public Library which was made and entered into on May 17, 2012 (the "Agreement"), expiring on September 22, 2018. B. City and Contractor amended the Agreement (Amendment 1) to authorize the contractorto perform Silver Level onsite service and support in the amount not-to-exceed$23,900 and to extend the term of the agreement one year to September 22, 2019. C. City and Contractor desire to amend the Agreement to authorize the contractor to perform Gold Level onsite service and support in the amount of$27,930 annually,subjectto a 2.5% increase each year hereafter, for as long as the Palm Springs Public Library continues to operate the system subject to the 30 day written termination clause as provided in Section 3.5 of the original agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Amendment to Section 1 1 Exhibit "A" of the Agreement entitled "Scope of Services": Exhibit"A"of the Agreement is hereby amended to include the following services,which shall read as follows: SCOPE OF WORK: Contractor shall provide onsite service, maintenance and support per the scope of work as defined in the attached "Exhibit A" ,Proposal and SLA Overview,as"Gold Level". 2. - Amendment to Section 2.1, Exhibit"A"of the Agreement entitled "Compensation": Exhibit "A" of the Agreement, concerning total compensation, is hereby amended to read as follows: "Compensation": For the Gold Level maintenance services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the schedule of fees set forth in Exhibit"A as$27,930 per year for the Gold Level plan annually,subject to a 2.5% annual increase each year hereafter until such time that the agreement is terminated. 3. Amendment to Section 3.2 Exhibit "A" of the Agreement entitled "Schedule of Performance": Exhibit "A"of the Agreement is hereby amended to include the following additional provisions: 1 "Schedule of Performance:" Effective September 23, 2019, contractor shall provide the onsite Gold Level service and support until such time that either party exercises the 30 day written termination clause as provided is Section 3.5 in the original agreement. 4. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein,shall continue in full force and effect. In the eventof any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 5. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 2 1N'WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM' A' SPRINGS By B A ony Mejia C David H. Ready, Ci anager Date: al clei z Date: �_P— APPROVED AS TO FORM: J rey al nger, Attorney Date: De-z' L7 "CONTRACTOR" mk Solutions, Inc. By: Markus Flory;Py6sident " _. Date: 0oV. APPROVED By CITY COUNCIL �h�3! Zlf to-,1`j 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �3's'��'3�+.94ac�'r:L�''� "'---"—rtrcry.,,.�.,�.cx_cs� xL'+?fi>r�i'k�..s+.ss��ti:s5'Sz`r�""«• .,nasx� State.ofC5�fmia l2✓tut ��i/dn/� county of'� A. ��� �" On 1L27 �/ before me, J__(1 r c �D U i1/a ?7T �%L oax nae auene ow sue of ovum who proved to me on the basis of satisfactory evidence to bathe pemon(s)whose name(s) istare subscribed to the within Instrument and acknowledged to me that helsheRhey executed the same in histhedtheir allthodzed capacity(es), and that by hisfherftheir signaiure(s):on the Instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument COMMONWEALTH OF PENNSYLVANIA N07ARIAL SEAL I certify under PENALLY OF PERJURY under the laws Sarah Force.Notary Public of the State of California that the foregoing paragraph is Camp Rill Boro;Cumberland County true and correct. My Commission Expires July 19,202t MEMBEfl,PENNSYLVANIAAe50CIAT10N OF NOTPRIEs WITNESS my hand and official seat. Signature Place loary9aal.P9am S&^°°v Hcuryl4t�Y OPTIONAL Though the mformstim below is not required by law.It muy proles varuaWe to persons rolying on fire document and coutd prevent lraudureni removal and reartechment of Ims form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capecity(tes)Claimed by Signer(s) .Signer's Norma Signer's Name: _—_— p Individual ❑Indvidual D Corporate Officer—Tiffe(s); ❑corporate officer—Titie(s): O Partner—❑Limited O General ❑Partner—El Limited 0 General Attorney in Fad Attorney in Fact roes a lBUTb noro mptxsa»ro ae.a CTrustee Trustee ❑ Guardian or Consorvator ❑Guardian or Conservator r ❑ Other._ ❑Other: Signer Is Representing: Signer Is Representing: OAOT aaYnuiNtlJ7b^•b350t%6po k4ltdemztE2.flieb+e".n.CA 91313TAat•auainitvaVrYSYaB Qse a�OT RmNai:tenTd!Fm!18nnalf.69tT 4 Exhibit A— ink Solutions, Inc. Proposal and SLA Overview ink Solutions,Inc. Proposal 75 Acco Drive,Suite A-3 YOM,PA 17402 Date PmpOsal# SOLUTIONS (060)76MU8 sales.us@ink-solutions-cam 9/62019 502/6 Name 7 Address Ship To Cdy of Patin Spoils Accounts Payable 300 S.Sunrise Way Palm Springs,CA 92262 USA Valid Until Terms Rep Sf202019 Due an receipt DC Item Description City. Price Each Ulm Amount This proposal portrays options forSencce Level Agreernents (SLA)starfingon Sepember 23.2019 to cover the currently installed equipment. This price for the first year of the Annual Maintenance Gold Program will automatically mew each year with a rvcVloe teed 25%increase,until such time that either party cancels the agreement pursuard to the Temunabon clause as provided"a SlA-30o1d Service Level Agreacent Gold Coverage -- - _- --y1 ' 27,930.00 2T,930.G0 Period:September23,2019until September22,2( 0 PaymemTerms 100 Fa Maintenaxe Contracts(SLA)imaicirg takes place for 1 year in advance. For all ceders,please emall purchase ado a We completed&signed dowment to Subtotal saIm.us@mks rem dutio . m USD 27,930.00 Signature&Date . Sales Tax(9.25%) USDa_op Total LSD 27,930.00 5 S LA Overview PDF-Print Date:2019-06-05 Service Level Agreements for mk Hardware mk Solutions offers a full 12 months parts and labor warranty from date of customer acceptance on all hardware. Please note that damage caused by vandalism,act of nature, negligence or work performed by a third party other than a mk service representative are not covered under this warranty or Service Level Agreements. BRONZE SILVER GOLD Annual Maintenance- ✓ ✓ ✓ E-Mail Support ✓ ✓ ✓ Phone Support(Hotline) ✓ ✓ ✓ On Site Support ✓ ✓ (incl.travel expenses) Hardware replacement parts o ✓ (50/o) Spare parts automatic refill" o ✓ (50/a) Depending on the product,Preventive maintenance can be done remotely 8 starts in year 2.Pricing is based on the proposed hardware excluding optional items. Requires purchase of a spare part package to be stored locally. Note:In order to secure service and support one of the proposed maintenance programs need to be selected with the initial purchase of any hardware. 6 QPLM SA � 4�y c N 41. CITY COUNCIL STAFF REPORT 4lipoeN� DATE; OCTOBER 2, 2019 CONSENT CALENDAR SUBJECT: AMEND THE CONTRACT SERVICES AGREEMENT NO.A6231 WITH MK SOLUTIONS FOR THE LIBRARY'S AUTOMATED MATERIALS HANDLING SYSTEM FROM: - David.H. Ready, City Manager BY: Library SUMMARY The City Council will consider the approval of Amendment No. 2 to the contract services agreement A6231 with MK Solutions for the ongoing maintenance of Library's Automated Materials Handling system. RECOMMENDATION: 1. Approve Amendment No. 2, in the amount of $27,930 annually, subject to a 2.5% increase each year hereafter, for the ongoing Gold Level maintenance of the Automated Materials Handling system from MK Solutions of York, PA, for as long as the Library utilizes the system. 2. Authorize the City Manager to execute all necessary documents. BACKGROUND:. In April 2012 City Council awarded a contract service agreement with MK Sorting Systems, Inc., now MK Solutions, Inc. for the purchase, installation, and maintenance of a new proprietary automated materials handling system which includes self-check stations, security gates,'and all related hardware and software. The system has been in successful operation since the fall of 2012 and the original term of the contract expired in 2018. Under the City Manager's authority,Amendment 1 to the agreement was executed to include the City's "Covenant Against Discrimination" clause as well as extend the term of the agreement for one year to September 22, 2019 to continue the Silver Level maintenance program in the amount of$23,900. ITEM NO. 1 V-A 1 City Council Staff Report October 2, 2019—Page 2 MK Solutions Amendment No. 2 STAFF ANALYSIS: MK Solutions, Inc. designed, developed, installed, programmed and.has maintained the automated materials handling system at the Library. Their equipment and software is 'proprietary and they are the only company that can perform,the required maintenance on the system. The Library would like to amend the agreement to extend the term indefinitely and to implement the Gold Level maintenance program in the amount of $27,930 annually, subject to a 2.5% increase each year hereafter,for as long as the Library utilizes the system. The Gold Level maintenance program includes all annual maintenance, 24/7 email and telephone support, on-site support, and 100% of the cost of all replacement parts. Pursuant to the terms and conditions of the original agreement, Section 3.5, the City may terminate the agreement for its convenience at any time upon giving the contractor thirty (30) days written notice. The Library is very satisfied with the performance of this system and does not anticipate replacing the system in the foreseeable future, and would like to continue the proprietary maintenance program offered by the original manufacturer. BUSINESS DISCLOSURE: MK Solutions, Inc., headquartered in York, PA, is a corporation registered in Delaware. Martin Weiss is the sole 100% owner of the company and their executed Public Integrity Disclosure as well as their Conflict of Interest and Non-Discrimination certification forms are attached. ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project" as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a"Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a ' reasonably foreseeable indirect physical change in the environment. The requested action is exempt from CEQA pursuant to Section 15378(b)(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. 2 City Council Staff Report 'October 2,2019—Page 3 MK Solutions Amendment No. 2 FISCAL IMPACT: Sufficient funding is budgeted annually for the maintenance of the system in the Library's General Fund account 001-2710-42920. Jeannie Kays David H. Ready, Esq., P Director of'Library Servi s City Manager Attachments: 1. Amendment 2 to Agreement 6231 2. Public Integrity Disclosure Form - MK Solutions, Inc. 3. Conflict of Interest and Non-Discrimination Certification - MK Solutions, Inc. 3 AMENDMENT NO. 2 TO CONTRACT SERVICE AGREEMENT rink Solutions, Inc. (Agreement No. 6231) THIS SECOND AMENDMENT to the Contract Service Agreement No. 6231 for the Automated Materials Handling system is made and entered into to be effective on the day of 2019 by and between the City of Palm Springs,a California charter city and municipal corporation(hereinafter referred to as the City), and mk Solutions, Inc., a Delaware corporation, its subsidiaries and affiliates (hereinafter referred to as"Contractor') collectively, the"Parties". RECITALS A. City and Contractor previously entered into a Contract service agreement for the purchase, installation and onsite service and support of the automated materials handlings system at the Palm Springs Public Library which was made and entered into on May 17, 2012 (the "Agreement"), expiring on September 22, 2018. B. City and Contractor amended the Agreement (Amendment 1) to authorize the contractor to perform Silver Level onsite service and support in the amount not-to-exceed$23,900 and to extend the term of the agreement one year to September 22, 2019. C. City and Contractor desire to amend the Agreement to authorize the contractor to perform Gold Level onsite service and support in the amount of$27,930 annually,subject to a 2.5% increase each year hereafter, for as long as the Palm Springs Public Library continues to operate the system subject to the 30 day written termination clause as provided in Section 3.5 of the original agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Amendment to Section 1.1 Exhibit "A" of the Agreement entitled "Scope of Services": Exhibit"A"of the Agreement is hereby amended to include the following services,which shall read as follows: SCOPE OF WORK! Contractor shall provide onsite service, maintenance and support per the scope of work as defined in the attached "Exhibit A" ,Proposal and SLA Overview,as"Gold Level". 2. Amendment to Section 2.1 Exhibit"A"of the Agreement,entitled"Compensation": Exhibit "A"of the Agreement, concerning total compensation, is hereby amended to read as follows: "Compensation": For the Gold Level maintenance services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the schedule of fees set forth in Exhibit"A',as$27,930 per year for the Gold Level plan annually, subject to a 2.5% annual increase each year hereafter until such time that the agreement is terminated. 3. Amendment to Section 3.2 Exhibit "A" of the Agreement entitled "Schedule of Performance": Exhibit "A"of the Agreement is hereby amended to include the following additional provisions: 1 4 "Schedule of Performance:" Effective September 23, 2019, contractor shall provide the onsite Gold Level service and support until,such time that either party exercises the 30 day written termination clause as provided is Section 3.5 in the original agreement. 4. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein,shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. .5. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that(1)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment,and(iv)the entering into thisAmendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 2 ` 5 IN WITNESS WHEREOF, the parties have executed this Amendment,as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA. By By Anthony Mejia, City Clerk David H. Ready, City Manager Date: Date: APPROVED AS TO FORM: By Jeffrey Ballinger, City Attorney Date: "CONTRACTOR" mk Solutions, Inc. By: Markus Flory, President Date: • 3 6 CALIFORNIA AL4PURPOSE ACKNOWLEDGMENT ,State of California County of On before me, i ryp Heeh NomeaN T al tlo OKrs personally appeared Manlc)ci3 na(et who prayed to me on the basis of satisfactory evidence to be the person(s)whose name(s) Ware subscribed to the within Instrument and acknowledged to me that he/sheAhey executed the same in hislhenthak auitmrized capacily(ies),and that by hisftwAheir sigrmhrr'a(s)on the Instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WrrNESS my hand and official seal. Signature - wace oxmq s�nnco s rea Ncwy_ . OPTIONAL 7rwugh the kdormadca below Is not required by law,it may prove valaabrs ro persons relying on fhe document and could pmmm frruddlent removal and mftd meet ofWa firm to anoUwr document: Description of Attached Document Title or7ype of Document: Documem Date: _ _Number of Pages: Signs*)Other Than Named Above: _ Capacity(les)Claimed by Signer(s) Signer's-Name: Signer's Name:_` ❑ individual ❑Individual ❑ Corporate Oliicer—Tille(s): O Corporate Officer—Tille(s): ❑ Partner—O Limited ❑General ❑Partner—❑Umited ❑General Attorney in Fact ❑Attorney in Fact 11 Trustee 'Tap of thumb Were ❑Trustee Top or iMmb Nere ❑ Guardian or Conservator.. .. ❑Guardian or Conservator ❑ Other. ❑Other. Signer Is Representing: Signer Is Representing: oaorNivwiwuy�ammn•eusasomaa.en�um,wm:wh.ra atmaaam•.,.ame�wor�nae ¢m r�or nmaureerranrmraoperssen 4 7 Exhibit A= mk Solutions, Inc. Proposal and SL.A Overviews mk Solutions,Ine, Proposal 75 A=Drive,SudeA3 n Ycdr,PA 174M We Proposal fJ SOLUTIONS (M)76D4138 Salo.us@A'solptiorsmn 916RM9 5096 Name/Address Slip To CdyrdPalm Springs Acminm Payahla 300S.Sense Way P2&n Springs,CA 92262 USA Valid Until Tens Rep 912y2019 Rae on r.* DC flan -- <•" DesuipOm"`: .' City,'- :Rice Each" LI M AIOOirm . Ttis PWosWpmhpop5omfarService LeMAgr is (SLA)3hdnganSeplemher23,2019iso theamendy iiswedampmeat Thsp fforateWyearoflhe Amualklainleianoe Gold Pmymn wig aulaffdzagirn weach yearuitha rdtosxxad 25%Pease,Wdsuch dire that eidrrpady camels dwag.eemad pursuardto the TememSm clause as provided in lire contract StAaOok Senrice.L.evN pgreementGdd Caxrage- - 1 �27;930.00 . . 77930.00. - Pariad&gemher23.2019ud1Se0e;ibar22,2020.t; Paymuil Taw 100— FaMainforwres Cordrais(SLA)ima®g Lakes place Let yearmadvanne. For all orders,pl�email pundvasearkrath6 completed&signed do=*M to Subtotal usD 27g30.00 Signatures Date Sales Tax(9.25%) um 0.00 Total UM27,W.M 5 8 S L.A Overview PDFfnnt Dale:2018116-05 Service Level Agreements for mk Hardware mk Solutions,offers a full 12 months parts and labor warranty from date of customer acceptance on all hardware.Please note that damage caused by vandalism,act of nature,negligence or work performed by a third party other than a mk service representative are not covered under this warranty or Service Level Agreements. jt RONZE SILVER %G =D. f Annua4Maintanance ✓ ✓ - .. d ,E-Mail Support ✓ ✓ ✓ Phone Support(Hotline) ✓ ✓ ✓ On Site Support. . �. ..,✓ . i (inol.travel expenses). Hardware replacement parts ($0%) ✓ ((( _ (Spare parts automatic refill" (50°!0) Depending on the product,preventive maertenance can be done remotely 6 darts in year2.Pricing is based on the proposed hardware eatludng optional items. --Requires purchase of a spare pad package to be stored loca6y. Noa:.In order to secure seMue and support one of the proposed mainanance programs need to be selected with the initial purchase of any hardware. 6 9 CITY OF-PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE P�pfcaN�P`„ (INSTRUCTIONS FOR APPLICANTS) dlA h ;M6WF.ile? rAppIid6hts#hat are•NOT a natural person or group of natural people that will be identified-on ¢' {the appllcation,_and'seek;a City-approval determined by a vote of City officials. Examples lirfriudii corporations, limited liability companies,trust's, etc. that seek a City Council approval, toran'appmyal by,one of the CiVs board or commissions. Wt1y;,Micift Fite? The" 'City of Palm Springs Public Integrity Ordinance advances transparency in municipaf`government and assists ,public officials in avoiding conflicts, of interest. The :City'§1P.ubIi&Integty.Ordinance, codified in Chapter 2.60 of the municipal code, reflects the "Cityis'interesUn ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their owngrship and management, and further that those companies disclose the identity of any ,person,-with'an beneficial.ownership interest of five percent(5%)or more. aWiienMust'I Flle? You'rhust ie this°form with the Office of the City Clerk at the same time when you file your ;application;fora:City, approval determined by a vote of City officials, whether elected or `opPoioted; CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR APPLICANTS) Page 1 of 2 f2evised;091318j 10 Mhatimu >101sclose r A. Tfib;4affies; of:611 natural persons who,are officers, directors, members, managers, I -in fiu�tbes; do&r fiduciaries serving trusts or other types of organizations(attorneys, -pqpn. ke a"disclosures makes PZ1 L en " 9 0, "y U'M oraffiliated Mi t .a pa am subsidiary-Ieiitity to S M 0 ji t en g;irt �We _a P (e. tities of the applicant entity; (2) if any entity that is not a natural pe so can n�l- S t t t��of the a a VM, rus ees, 0,0 M r m na. e B.Jfid niffidg,qf'persofis owning'a beneficial interest of five percent,(5%)or more in your �entity;.Qwnersrinvestors who have such an interest hold either investment power or voting— --- ' i I they can�o ng�power, Le:; (1)sell or transfer their interest, or(I)vote their interest in ,Mang9 ement aecisions. NOTE:USE ADDITIONAL PAGES AS NECESSARY -114gyp'duestions7 ;If you K-ave'any questions about how to complete this form, please contact: 4ibyAftomey, Edward Z. Kotkin (email: Edward.Kotkjn0yaImsWnqsca.a PENALTIES Fi!Acafibnbf information or failure to reporfinformation required to be reported 'may'subject,you to administrative action by the City. CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR APPLICANTS) Page 2 of 2 (ke ii ej1d 0-9'13'J-8)` 3 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity mk Solutions,Inc. 2. Address of Entity(Principle Place of Business) 75 Acco Drive,Suite A-3,York, PA 17402 3. Local or California Address(if different than#2) NIA 4. State where Entity is Registered with Secretary of State Delaware If other than California,.is the Entity also registered in California? Yes No S. Type of Entity 0 Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other(please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note., if any response is not a natural person, please identify all officers, directors, members,managers and other fiduciaries for the member,manager, trust or other entity Markus Flory ❑Officer ®Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other ❑officer ❑Director ❑Member ❑Manager [name], [:]General Partner [:]Limited Partner ❑Other ❑Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 09 13 18) 12 7. Owners/Investors with a 5%beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE- 50%ABC COMPANY,Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Martin Weiss 100%, mk Solutions, Inc. [name of.owner/investor] (percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] (percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party,Printed Name,Title Date 09/05/2019 Rachel A.G.Davis,Business Development Manager CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM Page 2 of 2 (Revised 0913.18) 13 CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment,without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not 'limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship; and further,that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONTRACTOR/VENDOR: mk Solutions, Inc. NAME and TITLE of Authorized Representative: (Print) Rachel A.G. Davis,Business Development Manager Signature and Date of Authorized Representative: (Sign) �6s (Date) 09/05/2019 14 01/03/2023 Summit First Insurance, LLC 30 Tower Lane Suite 135 Avon CT 06001 Dalton Boyd (800) 475-0991 (972) 341-2299 dboyd@yoursummit.com Mk Solutions, Inc. 75 Acco Dr Ste a-3 75 Acco Drive Suite A-3 York PA 17402 Hartford Casualty Insurance Company 29424 Rated by Multiple Companies 00914 Hartford Fire Insurance Company 19682 CL231303757 A Y 02SBAAK0485 02/27/2023 02/27/2024 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Non-owned 1,000,000 A Y 02SBAAK0485 02/27/2023 02/27/2024 A 10,000 Y 02SBAAK0485 02/27/2023 02/27/2024 2,000,000 2,000,000 B 02WBCEI2027 02/27/2023 02/27/2024 1,000,000 1,000,000 1,000,000 C 02MSAY8528 02/06/2023 02/06/2024 Certificate holder including The City of Palm Springs, its officials, employees and agents are named as an additional insured. This insurance is primary and non-contributory. 30 days written notice of cancellation is applicable with 10 days notice of non-payment City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 01/03/2023 Summit First Insurance, LLC 30 Tower Lane Suite 135 Avon CT 06001 Dalton Boyd (800) 475-0991 (972) 341-2299 dboyd@yoursummit.com Mk Solutions, Inc. 75 Acco Dr Ste a-3 75 Acco Drive Suite A-3 York PA 17402 Hartford Casualty Insurance Company 29424 Rated by Multiple Companies 00914 Hartford Fire Insurance Company 19682 CL231303757 A Y 02SBAAK0485 02/27/2023 02/27/2024 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Non-owned 1,000,000 A Y 02SBAAK0485 02/27/2023 02/27/2024 A 10,000 Y 02SBAAK0485 02/27/2023 02/27/2024 2,000,000 2,000,000 B 02WBCEI2027 02/27/2023 02/27/2024 1,000,000 1,000,000 1,000,000 C 02MSAY8528 02/06/2023 02/06/2024 Certificate holder including The City of Palm Springs, its officials, employees and agents are named as an additional insured. This insurance is primary and non-contributory. 30 days written notice of cancellation is applicable with 10 days notice of non-payment City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 'n/-)')) a I f 60 (/ - DATE IMM/DDIYYYVI ACORO CERTIFICATE OF LIABILITY INSURANCEIII 01/03/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dalton Boyd NAME: Summit First Insurance, LLC (800) 475-0991 FAX (972) 341-2299 PHONEErt: NC No ,No : E�DRESS: dboyd@yoursummitcom 30 Taxer Lane Spite 135 INSURERS) AFFORDING COVERAGE NAN:0 Avon CT 06001 INSURERA: Hartford Casualty Insurance Company 29424 INSURED INSURER B : Rated by Multiple Companies 00914 INSURER C : Hartford Fire Insurance Company 19682 Mk Solutions, Inc. INSURER D : 75 AOCo Drive Suite A-3 INSURER E : INSURERF: York PA 17402 COVERAGES CERTIFICATE NUMBER: CL231303757 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSIN" LTR TYPE OF INSURANCE AIJUL INSD bUHK YWD POLICYNUMBER PO. D Y POUCY MMIDD UP LIMTS COMMERCIAL GENERALLP&LJTY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE © OCCUR PREMISES Ea occurrence S 500,000 MED EXP (Any we oersonl S 10,000 1,000.000 A Y 02SBAAK0485 02/27/2023 02)27/2024 PERSONAL 4 ADV INJURY S GENLAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE s 2,000,000 POLICY j O- LOC PRODUCTS - COMPIOPAGG $ 2.000,000 S OTHER: LLULBIUTYCOMBINED SINGLE UNIT Ea acadentUTOBODILY S 1,000,000 INJURY (Per oersor,l $ A SCHEmXED 760ESDEONLY Y 02SBAAK0485 02/27/2023 02/27/2024 BODILY INJURY(Per accidenn S AUTOS PROPERTY DAMAGE Per accidem S NOWOWNED S ONLY AUTOS ONLY S IMBREt1A DAB OCCUR EACH OCCURRENCE $ 2.000,000 AGGREGATE S 2,000,000 A Excess Lus CLAIMS -MADE Y 02SBAAK0485 02/27/2023 02/27/2024 DIED RETENTION $ 10.000 $ V/ORKERS COMPENSATION PER OTH AND EMPLOYERS' LIABILITY YIN STATUTE I I ER E.L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETORPARTNERIEXECUTIVE NIA 02WBCE12027 02/27/2023 02/27/2024 1,D00,000 OFFICERNEMBER EXCLUDED? (YrMalory in NH) E.L. DISEASE - EA EMPLOYEE S If yes. desaee under 1.000,000 DESCRIPTION OF OPERATIONS aeox l E.L. DISEASE - POLICY LIMIT $ Per Vehicle $500.000 Contractors Equipment C 02MSAY8528 02/06/2023 02/06/2024 Retention $1.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tat. A WItIonal Remarks Schedule, may be attached if mane space Ie rega n Certificate holder including The City of Palm Springs. its officials, employees and agents are named as an additional Insured This insurance is primary andRECEIVED non-contributory 30 days written notice of cancellation is applicable with 10 days notice of non-payment MAR 0 6 2023 P.City Hell liask City of Palm Sprays 3200 E Tahquitr Canyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD