REPORT TO COUNCIL
SUBJECT
Title
Amend an Existing Services Agreement with Brodart Co. for Library Services for Library Printed Materials and Shelf-Ready Services (F26-458)
Report
REPORT IN BRIEF
Approval is requested to amend the existing service agreement with Brodart Co. for library printed materials by extending the term for one (1) year and increasing compensation by $250,000. Approval is also requested to authorize the City Manager to increase the not-to-exceed amount and to extend the contracts for up to eight (8) additional one-year periods, subject to budget availability.
EXISTING POLICY
Pursuant to Section 2.08.040(d) of the Sunnyvale Municipal Code (SMC), Council approval is required for the procurement of goods and/or services greater than $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
BACKGROUND AND DISCUSSION
To remain current and relevant to Sunnyvale residents, new materials are required for public circulation at the Main Library and the Lakewood Branch. Materials will be selected for a public library collection consisting mostly of popular titles in various formats, including graphic novels, board books, and paperbacks.
Shelf-ready services are also required for library materials. Shelf-ready services consist of bibliographic and descriptive records for all purchased titles and labels applied to each item according to the library’s specifications.
The Library has procured printed materials under the City Manager's delegated purchasing authority since 2000, consistent with Section 2.08.050 of the Sunnyvale Municipal Code. The Library has purchased collection materials from Baker & Taylor and Brodart Company, as well as several other smaller suppliers under the competitive bidding exemption provided in the Sunnyvale Municipal Code.
However, in 2025, Baker & Taylor filed for bankruptcy, resulting in a significant reduction in the number of available print and audiovisual material suppliers for the Library. The Library pivoted to using the Brodart Company, which had also been used for the Lakewood Branch Library Opening Day collection. Staff recommends continuing to use the Brodart Company to purchase materials as part of a multi-pronged effort to reduce exposure to market forces and decrease the Library’s reliance on a single supplier.
FISCAL IMPACT
Budget for purchase of books and media content is available in the General Fund under Program 11900 - Adult Services, Books, Publications and E-Publications.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Approve the First Amendment to the agreement with Brodart Co. in substantially the same form as Attachment 1 to the report to extend the term of the Agreement through August 20, 2027 and increase the contract amount by $250,000 for a new not-to-exceed total of $499,000;
- Authorize the City Manager to execute the amendment when all necessary conditions have been met;
- Authorize the City Manager to execute amendments to extend the term for up to eight (8) one-year periods; and
- Authorize the City Manager to increase compensation during the authorized term extensions subject to budget availability, need, and negotiated pricing.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Michelle Perera, Director of Library & Recreation Services
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Amendment to Services Agreement