Scope of Work
1919 W Jefferson St.
Phoenix, AZ 85009
Solicitation No: RFI #2019-20
Description: Electronic Resources
Page 10 of 19
2. Does your company require additional agreements prior to providing services? If yes, please provide a
3. Is a contract term longer than a one (1) year at a time desirable? Detail why and what the typical length of
commitment desired is for contracts similar to the needs identified in the RFI.
4. Do you have any automatic renewal language or requirements, including automatic price escalation?
Provide details concerning the process and any related fees.
5. Do you charge for early termination? Detail the type of costs and termination process, if applicable.
6. What is a typical warranty provided for these types of products/services?
7. Outline your typical invoicing and payment procedures.
8. Does your firm have concerns or issues with providing Certification of Insurance (COI) with coverages
dictated by state statutes? Include any concerns with coverage to include Technology Errors & Omissions
and Network Security (Cyber) and Privacy Liability as applicable to the products/services requested in the
9. What is your working knowledge and familiarity with the Library Services and Technology Act (LSTA)? How
do these required terms and conditions impact your ability to respond to a solicitation? Do they affect your
product offering, content or accessibility? Provide as much clarity as possible related to working with and
adhering to these requirements.
10. Explain how the following language may impact your ability to respond to a solicitation.
• Operational Continuity: Contractor warrants that it will perform without relief notwithstanding being
sold or acquired; no such event will operate to mitigate or alter any of Contractor’s duties hereunder
absent a consented delegation that expressly recognizes the event.
• Click‐Through Terms and Conditions: If either party uses a web-based ordering system, an
electronic purchase order system, an electronic order acknowledgement, a form of an electronic
acceptance, or any software based ordering system with respect to the Contract (each an
“Electronic Ordering System”), the parties acknowledge and agree that an Electronic Ordering
System is for ease of administration only, and Contractor is hereby given notice that the persons
using Electronic Ordering Systems on behalf of AZ LAPR do not have any actual or apparent
authority to create legally binding obligations that vary from the terms and conditions of the Contract.
Accordingly, where an authorized user is required to “click through” or otherwise accept or be made
subject to any terms and conditions in using an Electronic Ordering Systems, any such terms and
conditions are deemed void upon presentation. Additionally, where an authorized user is required to
accept or be made subject to any terms and conditions in accessing or employing any Materials or
Services, those terms and conditions will also be void.
• Indemnification: To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the AZ LAPR/consortium (hereinafter referred to as “Indemnitee”) from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’
fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”)
for bodily injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of Contractor or any of its owners, officers, directors, agents, employees or
subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the
Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any