256090 Supplement Letter 1.pdf

CITY OF SALEM

FINANCE DEPARTMENT

CONTRACTS & PROCUREMENT DIVISION

SUPPLEMENTAL INFORMATION LETTER #1

December 12, 2025

RFP NO. 256090

FOR: Books, Audio-Visual Materials, and Services

CLOSING DATE: December 19, 2025 at 4:00 PM (LOCAL TIME)

The following are questions submitted by Proposers and answers from the City:

1. Q) What is the value of this RFP?

A) Annual Budget $418,000.

2. Q) We would like a little clarification on the question – ‘What steps does your company take to identify the use of artificial intelligence (AI) in the creation of materials in your database?’ As an AV only provider, is the library feeling this question would be more focused to Audiobooks or for all physical audiovisual formats?

A) While printing and audiobooks are the common focal points for many AI discussions, the library would also like to know if and how an AV vendor would identify the use of artificial intelligence in all audiovisual materials. For example, is there a means of noting whether the music in an album was created using AI? Are there indicators for films featuring AI generated characters, animations, or other content? Does your firm have a means of identifying copyright infringement, plagiarism, or racial bias through the use of AI generated materials.

3. Q) For the physical processing of DVDs, Blu-Ray DVDs, and Music CDs – what types of cases are required?

A) The library does not use security cases for any of our media: DVD: Polypropylene cases, Blu-Ray: Polypropylene cases, CD: Jewel cases.

4. Q) For the RFID required for audiovisual materials – what is currently utilized by the library? (i.e. Stingray, 2 x 2, etc.)?

A) The library uses a combination of different RFID tags for AV processing. 2x2s are placed on the artwork. Stingrays and RFID hubs are used, however their use is determined by the product and number of discs.

5. Q) Does the library require a vendor to activate the RFID tags?

A) The library will not require the vendor to activate the RFID tags.

6. Q) Could you please advise if it is an absolute requirement that a firm be able to provide EDI Capabilities and Standing Orders?

A) It is not an absolute requirement for a firm to have EDI capabilities and provide standing orders.

7. Q) The following changes to the RFP and Goods Agreement have been approved:

A) Section 5.28 entitled “Debarment of Proposer” on pages 17 and 18 of the RFP shall be modified as shown below.

The prospective proposer has committed a violation of a contract provision that is regarded by the Contracts & Procurement Manager or the Construction Contractors Board to be so serious as to justify debarment. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. A failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment; or

The Contracts and Procurement Manager shall give written notice of the reasons for the debarment and the proposed length of debarment to the person for whom debarment is being considered. The proposer shall be given not less than fourteen thirty (3014) days to respond to the Contracts and Procurement Manager in writing. The Contracts and Procurement

Manager shall issue a written decision that states the reason for the action taken and that informs the proposer of the proposer’s appeal rights.

Section 6.3 entitled “Liability Insurance” on page 19 of the RFP shall be modified as shown below.

Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall:

• Name Include as additional insured "the City of Salem, Oregon, its officers, agents and employees";

• Apply to each named insured and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby;

• Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability;

• Successful proposer shall immediately notify the City of any change in insurance coverage;

• Successful proposer shall supply an endorsement naming including the City, its officers, employees and agents as additional insureds within sixty (60) days of the

Effective Date of the Agreement; and

• Be evidenced by a certificate or certificates of such insurance approved by the City.

Section 6.11 entitled “Escalation/De-Escalation Agreement” on pages 21 and 22 of the

RFP shall be modified as shown below.

The City shall have the option of accepting the price increase or allowing the Agreements to expire (non-renewal) and rebidding the contract. The City reserves the right to audit the records of the successful proposer, consistent with Section 5.24 above, when requesting price increases to the extent that such records relate to cost or pricing data.

Appendix A, Section 6.13 entitled “Form of Procurement Agreement” on pages 22 and

23 of the RFP shall be modified as shown below.

Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall:

• Name Include as additional insured "the City of Salem, Oregon, its officers, agents and employees" with respect to claims arising out of successful proposer’s Work under this

Agreement;

• Apply to each named insured and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby;

• Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability;

• Proposer shall immediately notify the City of any change in insurance coverage;

• Proposer shall supply an endorsement naming including the City, its officers, employees and agents as additional insureds within sixty (60) days of the Effective Date of the

Agreement; and

Appendix A, Section 1 entitled “Provider’s Obligations” on pages 24 and 25 of the RFP shall be modified as shown below.

1.1 Provide , as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensationProvider shall use commercially reasonable efforts to perform its obligations under this Agreement within the time specified by the City. The goods defined and described in the “SUPPORTING

DOCUMENTS” shall hereinafter be referred to as “Goods.

1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall:

• Name Include as additional insured "the City of Salem, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Goods under this Agreement;

• Apply to each named insured and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby;

• Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability;

• Provider shall immediately notify the City of any change in insurance coverage

• Provider shall supply an endorsement naming including the City, its officers, employees and agents as additional insureds within sixty (60) days of the Effective

Date of this Agreement; and

Appendix A, Section 3 entitled “General Provisions” on pages 25, 26, and 27 of the RFP shall be modified as shown below.

3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against all third-party claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities gross negligence or willful acts or omissions of Provider or its officers, employees, contractors, or agents under this Agreement.

3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other or the other’s officers, employees or agents.

3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require

Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable timethirty (30) days, the City may reject the Goods and cancel this

Agreement in whole or in part. This paragraph does not affect or limit the City’s rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC).

Appendix A, Section 6 entitled “Term and Termination” on page 29 of the RFP shall be modified as shown below.

6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen thirty (3014) days’ prior written notice if the cause is not cured within that fourteen thirty (3014) day period after written notice.

Such termination is in addition to and not in lieu of any other remedy at law or equity.

Shawna Self, CPPB

Purchasing Manager cc: File