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HomeMy WebLinkAboutContract 56479 FORT WORTH CSC No. 56479 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Whirlix Design, Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A—Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract (e.g.,NJPA, DIR, BuyBoard); and 4. Exhibit C—Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Twenty Thousand Dollars ($20,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be for one year beginning on October 01, 2021 and ending on September 30, 2022 with no remaining renewals. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: To VENDOR: City of Fort Worth Whirlix Design, Inc. Attn: Valarie Washington, Assistant City Tiffany Foret,_Office Manager Manager 1751 International Pkwy, Ste 131 200 Texas Street Richardson,TX 75081 Fort Worth, TX 76102-6314 Facsimile: 800-975-2147 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By: Va It rieWashington(Oct 14,202119:24 CDT) responsible for the monitoring and administration Name: Valarie Washington of this contract, including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Oct 14,2021 APPROVAL RECOMMENDED: By: Name: Scott Penn Title: District Superintendent Rlchard Zdvqlq By: Richard Zavala(Oct 12,202116:01 CDT) APPROVED AS TO FORM AND LEGALITY: Name:Richard Zavala Title: Park&Recreation Director I ,d-pvvUn� Al Mj.� ATTEST: 00000Rto By: Nico Arias(Oct14,202116:07 CDT) A o 'o Name:Nico Arias °apv o =o Title:Assistant City Attorney P o *�d 0000000000a By: CONTRACT AUTHORIZATION: Name: Ronald Gonzales M&C: 20-0151 Title:City Secretary VENDOR: _WlrirEName:Qason ' rr rune- ��""1 ATTES By: Edmundson By11T Title: President NaoA—m- m'i Title* r side Sales Support OFFICIAL RECORD Date: _September 17,2021 ((/j CITY SECRETARY FT. 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Box 400,Austin,Texas 78767 Board ■ 800.695.2919•info@buyboard.com •buyboard.com August 2, 2021 Sent via email to: doret0whirlix.com Tiffany Foret Whirlix Design, Inc. 1751 International Pkwy, Ste 131 Richardson, TX 75081 Re: Parks and Recreation Equipment and Field Lighting Products BuyBoard Contract 592-19 The Local Government Purchasing Cooperative(BuyBoard)awarded your company a contract under Parks and Recreation Equipment and Field Lighting Products, Contract 592-19, for which the current term is set to expire September 30, 2021.At this time,the BuyBoard is renewing your contract through September 30, 2022. This will be the final renewal of this contract. All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at lisa.maraden@tasb.org prior to the start of the renewal term. If you have questions or comments concerning this renewal, please contact me as soon as possible at lisa.maraden@tasb.org. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Lisa Maraden Contract Administrator final renewal v.02.13.2020 Endorsed by TASAV Mi. T., PigBoard® P.O. Box 400,Austin,Texas 78767 800.695.2919• info@buyboard.com •buyboard.com August 28, 2020 Sent via email to: tforet0whirlix.com Tiffany Foret Whirlix Design, Inc. (self-reporting vendor) 1161 International Pkwy, Ste 125 Richardson TX 75081 Re: Parks and Recreation Equipment and Field Lighting Products BuyBoard Contract 592-19 The Local Government Purchasing Cooperative(BuyBoard)awarded your company a contract under Parks and Recreation Equipment and Field Lighting Products, Contract 592-19 effective October 1,2019 through September 30, 2020, with two possible one-year renewals. At this time, the BuyBoard is renewing you contract through September 30, 2021. All discounts,terms,and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at connie.burkett(u-tasb.org prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded,vendors must generate a minimum of$15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at connie.burkett(@tasb.org. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Connie W Burkett, CTSBO Contract Administrator 1st renewal v.02.13.2020 s Endorsed 6y IS' TASAV VI"I '.�.; PFBoard® Capperative Purchasing P.O. Sax 400 Austin, TX 78767-0400 600.695.2919 / 512.467.0222 / Fax:309.211,5454 buyboard.com July 18, 2019 Sent Via Email: tforet@whirlix.com Tiffany Foret Whirlix Design, Inc. 1161 International Pkwy, Ste 125 Richardson, TX 75081 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Parks and Recreation Equipment and Field Lighting Products and Installation, Proposal No. 592-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal. The contract is effective 10/1/2019 through 9/30/2020, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 592-19 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards, = - Texas Municipal League, Texas Associafion of Counties,and the Texas Association of School Administrators. PVC08perative Purchasing 12007 Research Boulevard •Austin,Texas 787S9-2439 • M 800-695-2919 • FAX; 800-211-5454 -huyboard.cam PRQPOSERr5 AGREEMENT AND SIGNATURE Prnnm Parks and Recreation Equipment Proposal Due Date/Opegigg d to a ; and Field Lighting Products January 24, 2019 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard department Prounsal Number. 59 �-19 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time_ _Period.;October 1, 2019 through July 2019 September 30, 2020 with two (2) possible one-year renewals. Whirlix Design Inc. January 15, 2019 Name of Proposing Company Date 1161 International Pkwy, Ste 125 . Street Address Signaku(re o Authorized Company Official Richardson, TX 75081 Jason Edmundson City, State, Zip Printed Name of Authorized Company Official 214-503-7320 President Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 800-975-2147 82-3412256 Fax Number of Authorized Company Official Federal ID Number Page 9 of 71 Proposal Forms LONS1'v.OG.k4.Z018 DCooperative Purchasing 12007 Research Boulevard •Austin,Texans 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com The proposing company {"you"or"your"} hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative Information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items(collectively"Requirements'); 2. 8y your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted In the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any park of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and In strict compliance with the Requirements (unless specific exceptions are noted In the Proposal and accepted by the Cooperative), Ircluding without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this proposal Invitation, c, the possible award of a piggy-back contract by another governmental entity or nonprofit entity, In which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; S. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public Information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement Is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required In the Requirements; 7. You have carefully reviewed your Proposal, and certify that all Information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission In your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 71 Proposal FormsC4N5f v.06.14.2018 NuCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION company: Whirlix Design Inc. Vendor Contact Name and Mailing Address for Notices: Tiffany Foret, 1761 International Pkwy, Ste 125, Richardson,TX 75081 Company Website: www.whirlix.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: Fx_1 I will use the internet to receive purchase orders at the following address. E-mail Address: tforet@whirlix.com Internet Contact: Tiffany Foret Phone: 214-503-7320 Alternate E-mail Address: tsmlth@whlrlix.com Alternate Internet Contact: Tom Smith Phone: 214-676-1575 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Ouotes("RFO"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: tsmith a@whirlix.com Alternate E-mail Address: tforet@whirlix.com whirlix.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Page it of 71 Proposal Forms CONST v.06.14.2018 ® 0 s Uard Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ❑■ Service fee invoices and related communications should be provided directly to my company at: Mailing address: 1761 International Pkwy, Ste 125 Department: Office Manager City: Richardson State: TX Zip code: 75081 Contact Name: Tiffany Foret Phone: 214-503-7320 Fax: 800-975-2147 Email address: tforet@whirlix.com Alternative E-mail Address: Jedmundson@whirlix.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Mailing address: Department: City: State: Zip Code: Contact Name: Phone: Fax: E-mail Address: Alternative E-mail Address: ❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s) receiving the purchase order(s)to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator." **If Vendor authorizes a billing agent or Designated Dealer(s) to receive and process service fee invoices, In accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall re/%ve Vendor of its responsibilities and obligations under the Contract including,but not limited to,payment of all service fees under any Contract awarded Vendor. Page 12 of 71 Proposal Forms CONST v.06.14.2018 19) and DuCcuperativePurDAasing 12007 Research Boulevard I Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-2-11-5454' buyboard,com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a)of Section 44.034 of the Texas Education Code(Notification of Criminal History of Contractor) states: "A person or business entity that enters Into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must Include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity If the district determines that the person or business entity failed to give notice as required by Subsection} (a) or misrepresented the conduct resulting In the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check N)one of the following: ❑ My company is a publicly-held corporation, (Advance notice requirement does not apply to publicly-held corporation.) 0 My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company Is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): �. Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Whirlix Design Inc. Company Name t� Jason Edmundsvn, President Signal re f Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation In Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions In SAM, debarred, suspended, or otherwise excluded by agencies or declared Ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase From my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or Is debarred, suspended, or otherwise excluded by agencies or declared Ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. \A/hirlix Design, Inc. Company Names Jason Edmundson, President Signature bf thorized Company Official Printed Name Page 13 of 71 proposal Farms CaNST v,06.14.2{718 A a 0 Ar yCaqpetaffveParc1rasir?D 12007 Research Boulevard •Austin,Texas 78759-2439 , PH: SCO-695-2919 . FAX: 800-211-5454 •Wyboard.com RESIDENT/NONRESIDENT CERTIFICATI_ON Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents, Under the statute, a"resident"proposer is a person whose princlpal place of business Is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please Indicate the status of your company as a"resident" proposer or a"nonresident"proposer under these definitions. Nose check N).ono of the foliowinai ❑■ I certify that my company Is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company I5 a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business Is located): Company Name Address city State Zip Code A. Does your resident state require a proposer whose princlpal place of business Is in Texas to under-price proposers whose resident state Is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What Is the prescribed amount or percentage? $ or °/a VENDDR EMPLOYMENT CERTIFICATION Section 44.03I(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (1) has its principal place of business In Texas; or (li) employs at least 500 people In Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business In Texas, does your company, ultimate parent company, or majority owner employ at least 500 people In Texas? Please check(,/) one of the following: ❑ Yes ❑ No By signature below, I certify that the Information In Sections 1 (ResfdenVNonresldent Certification) and 2 (Vendor Employment Certifrcatlon) above Is true, complete and accurate and that I am authorized by my company to make this certification. Whlrllx Design, Inc. Company Name Jason Edmundson, President Signature of uthorized Company Official Printed Name Page 14 of 71 Proposal Farms CQNST v.46.1+1.20i$ CooperatJve i'urcha�i'r�q 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX. 800-211-5454 " buvboard.cam NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, a Texas governmental entity may not enter Into a contract with a company for goods or services unless the contract contains a written verification from the company that It: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (Tex. Gov'T CODE Ch. 2270) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that Is Intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or In an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Tex. Gov?CODE§808.001(1), By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Whirlix Design, Inc. Company Name Jason Edmundson, President Slgnature of uthorized Company Official Printed Name No EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Cade provides that a Texas governmental entity may not enter into a contract with a company engaged In active business operatlons with Sudan, Iran, or a foreign terrorist organization —specifically, any company Identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S, Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization Is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification Is true, complete and accurate; and that I am authorized by my company to make this certification. Whirlix Design, Inc. _ Company Name Jason Edmundson, President Signature Authorized Company offcclal Printed Name Page 15 of 71 PYapo5al F4mfS CON57 v.U&.14.201$ WCapperativeParchasing 12007 Research Boulevard • Austln,Texas 78759-2439 • PH: 800-695-2919 • FAX 800-21I-5454 - hnYhuy—_ard—&—a HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HWO Is encouraged to Indicate its HUB certification status when responding to this Proposal Invltatlon. The electronic catalogs will indicate HUB certifications For vendors that properly indicate and document their HUB certification on this form. P all that a I : ❑ I certify that my company has been certified as a HUB in the following categories: d Minority Owned Business ❑ Women Owned Business Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number; Name of Certifying Agency; 0 My company has NOT been certified as a HUB. By signature below, I certify that the above Is true, complete and accurate and that I am authorized by my company to make this certification. Whirlix Design, Inc. Company Name ^ Jason Edmundson, President Printed Name Slgnat uthorized Company official Page 16 of 71 Proposal Fnirns CONSI'v.08.14.2018 CaoNerative PurcHasiny 12007 Research Boulevard 'Austin,Texas 78759-2439 , PH: 800-695-2919 ' FAX: BOO-211-5454 - buvboard.tcom CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the texas Government Cade) and other applicable law and local policy. The Advisory, available at buyboard.comlVendor/Resources.aso , provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation, If proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services,whichever comes first. Whirlix Design, Inc. Company Name Jason Edmundson, President Signat4e_ Authorized Company Official Printed Name January 15, 2019 Date Page 17 of 71 hropasal Farms C(]N5"t v.06.14.201$ D p 0 wCooperative rd Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX: 900-211-5454 . buyboard.corn DEVIATION AND COMPLIANCE If your company Intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations In its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation Identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check (,I) one of the following: I] NO; Deviations ❑■ Yes; Deviations List and fully explain any deviations you are submitting: Not all manufacturers we represent release printed catalogslprice sheets. We will include them with our response if available and note if not. PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: [I Common Carrier [I Company Truck I]■ Prepaid and Add to Invoice 0 Other: Will use best shipping method based on items ordered. 2. Payment Terms: �f■ Net 30 days © 1% in 10/Net 30 days [f Other: 3. Number of Days for Delivery: 30 75 ARO 4. Vendor Deference/Quote Number: 5. State your return policy: No charge to return/replace damaged goods. Variable restocking fee and return freight charges will apply if goods were ordered and approved due to customer error. 6. Are electronic payments acceptable? QYes 7 No 7. Are credit card payments acceptable? L]Yes ©■ No Whirlix Design Inc. Company Name Jason Edmundson, President 9Ignabxe,bf Authorized Company Official Printed Name I Page 18 of 71 Proposal Forms C4N5T vXG.14.20IS D 0 0 AP Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard,com LOCATION AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined In the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company Name Address City State Zip Phone Number Fax Number Contact Person Company Name Address City State zip Phone Number Fax Number Contact Person Page 19 of 71 Proposal Forms CQNST v.05.14.2018 CaaFerat�ve Purchaslrtg I2007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 840-211-5454 ' buvboard.com MANUFACTURER DEALER DESIGNATION If Vendor Is a manufacturer that: sells products through a dealer network and wishes to designate a dealer or multiple dealers "Designated Dealers') to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of Its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, Including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers In the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase order In accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, In its sole discretion, to refuse addition of, or request removal of, any Designated Dealer,and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time In Its sole 6scretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designatlon. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* {*attach W-]) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 20 of 71 Proposal Farngs CoiVST v.OG.t4.2018 DCooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX:900-2i1-5454 ' buyboard.eom TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must Indicate the speciFlc regions you will service on this form, If you propose to serve different reglons for dlfferentproducts or services Included In your proposal, you mast complete and submit a separate Texas Regional Service Des/gnatfon form for each group of products and clearly Indicate the products or services to which the designation applies In the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions, Designating regions In which you are either unable or unwilling to provide the spe'clfled products and services shall be grounds for either rejection of your proposal or,If awarded, termination of your Contract Additionally, If you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers ❑ I will service Texas Cooperative members statewide. I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: ' Region Headquarters :.,,. T_ ' ,?,- �` ❑ t Edinburg I,.� `- - _ „Itl. ` ❑ 2 Corpus Christi 1-� mv ', ❑ 3 Victoria _ © 4 Houston "� ❑ 5 Beaumont 6 Huntsville 7 Kilgore 8 Mount Pleasant 9 Wichita Falls l�/ 10 Richardson _ ]` 11 Fort Worth _ I,.. I..,,,�^%� �/ 12 Waco 13 Austin 14 Abilene I� 15 San Angela * ❑ 16 Amarillo �r Whirlix Design Inc. ❑ 17 Lubbock i❑ is Midland Company Name ❑ }- 19 El Paso 20 San Antonio Signkur of Authorized Company Official Jason Edmundson, President CI I will not service members Printed Name of the Texas Cooperative. Page 21 of 71 proposal FOrri15 CONST V.dG.i+i.201$ Na lhl� uara Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 •buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Landscape Structures Playground and Outdoor Exercise Equipment. All other lines may be sold Texas statewide. Page 22 of 71 Proposal Forms CONST v.06.14.2018 hP'0ffj78oard0 Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note;If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check(A all that apply: ❑ I will service all states in the United States. 0 I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑Tennessee ❑ Kentucky ❑■ Texas ❑ Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 23 of 71 Proposal Forms CONST v.06.14.2018 PFCapperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 ' PH: 800-695-2919 1 FAX: 800-211-5454 ' buyboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Company flame Signature of Authorl2ed Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 24 of 71 prapnsat Farms CClN57 v.46.14.2018 Ducapperativa Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800.211-5454 . buyboard.w NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggybacked" by another governmental entity. The National Purchasing Cooperative Is an Intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members In the states you have Indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this,Agreement as"Vendor") agrees as follows: f. Vendor acknowledges that if The local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation {"Underlying Award"), the National Purchasing Cooperative ("National Cooperative'l may- but is not required to -"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award'. By signing this National Cooperative Vendor Award Agreement ("Agreement"), Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Sack Award, the National Cooperative Administrator ('BuyBoard Administrator'l will notify Vendor in writing of such Plggy-Back Award, which award shall commence on the effective date staffed In the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized In writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no Interlineati❑ns or changes to this Agreement by Vendor will be binding an National Cooperative, unless such changes are agreed to by Its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing In this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower)competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Four, must be approved In writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Sack Award. Vendor shall remit payment to National Cooperative on such schedule as It specifies (which shall not be more often than monthly), Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members In order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisloos can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordlnarRy Inure to the Texas Cooperative pursuant to the Underlying Award shall Inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall Inure to Vendor In this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict, PmpOal FgfMS CON57 v.M.14.7o i8 Page 25 of 71 CaaperatPve P�rrchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com 7. This Agreement shall be governed and construed In accordance with the laws of the State of Rhode Island and venue For any dispute shall lie In the federal district court of Alexandria,Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award Is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy- Back Award and the BuyBaard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHI`RPFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Name of Vendor Proposal Invitation Number Signature of Authorized Company Official printed Name of Authorized Company Official Date Proposal corms CON5T v.06.14.20t8 Page 26 of 71 P AP Q oard Cooperative Purahasfag 12007 Research Boulevard ' Austin,Texas 78759-2439 , PH: BOO-695-2919 I FAX: 800-211-5454 "buyboard.com FEDERAL AND STATE]PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the hest services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price durin a previous 12-month period or the last fiscal year: $ 3 S'�' '. (The period of the 12 month period Is 1 ' ' . In the event that a dollar value is of an 9ppropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. VENDOR?CURRENT FORMER VENDOR (Y/N)? — AWARDED PURCHASING • O■ GROUP ,O. O. 1. Federal General Services Administration 2.T-PASS (State cif Texas) 3. U.S. Communities Purchasing Alliance 4. National IPA/TCPN 5. Houston-Galveston Area Council (KAQ 6. National Joint Powers Alliance (NIPA) 7. E&I Cooperative S.The Interlocal Purchasing System (TIPS) 9. Other [■ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT 13UYROAR.D VIFi PVM If you are a current BuyBoard vendor in the same contract category as proposed In this Proposal Invitation, Indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal Explain any difference between your current and proposed discounts. Current Discount(4/0):5%tv 7% Proposed Discount(%):514 to 7% Ex lap nation: Propu zi Forms CCNST v.06.14.201B Page 27 of 71 �uuFera�Pve Par�ha$ing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 "buyWard.com By signature below, I certify that the above is true, complete and accurate and that 1 am authorized by my company to make this certification. Whiriix Design Inc. T Company Name Jason Edmundson, President Signat' e o Authorized Company official Printed Name Proposal Farms CON5T v.66.14.2018 Page 28 of 71 Ducooperativep" Wing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX, 800-211-5454 ' buy ard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references, The Cooperative may contact any and all references provided as part of the proposal evaluation. Provide the Information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prces/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers, Attach additional pages If necessary. Quantity/ Rutity Name Contact Rhone# Email Address Discount Volume 1. City of Dallas Parks & Rec, Leong Lim, 214-670-7753, leong.lim a@dallascityhall.com, 5%, Varies 2.City of Frisco Parks & Rec, Brett Bergeron, 972-292-6516, bbergeron@friscotexas,gov, 5%, Varies City of Murphy Parks & Rec, Matt Foster, 972-468-4352, mfoster a@murphytx.org, 5%, Varies 4 City of San Antonio Parks & Rec, James Moore, 210-289-7219,james.moore a@sanantonio.gov, 5%, Varies 5 City of Mansfield Parks & Rec, James Fish, 817-804-5794, james.frsh a@mansfield-tx.gov, 5%, Varies Do you ever modify your written policies or standard governmental sales practices as Identified In the above chart to give better discounts (lower prices)than indicated? YES ❑ NO 0 If YES, please explain: By signature below, I certify that the above Is true and correct and that I am authorized by my company to make this certification, Whirlix Design, Inc. Company blame Signature f Authorized Company Official Jason Edmundson, President Printed Name Pioposal Forms CONSr V.06.14.2418 Page 29 of 71 oard woaliarativePurchasing 12007 Research Boulevard ,Austin,Texas 78759-2439 - Pti: 800-695-2919 - FAX: 800-211-5454 - buyhoard.com MARKETING S rRATIEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal, (&_daWk,; Explain how your company will initially Inform Cooperative members of your BuyBoard contract, and haw you will continue to support the BuyBoard For the duration of the contract period.) Attach additional pages If necessary. Our current marketing database contains 20K+ Parks & Recreation Equipment targets including schools (K-12), Parks&Rec departments, Colleges and University Athletic Departments, General Contractors, Landscape Architects,and Developers.We g[an to use a multi-faceted approach to inform our current and future contacts of the benefits of purchasing through BuyBoard. We plan to support the BuyBoard in the following ways: 1. We will put out an award memo to all employees,vendors, and industry partners with a link to BuyBoard's website for inquiries. 2. We will add detailed information about the benefits of purchasing through BuyBoard on our website www.whirlix.com on a dedicated Purchasing Contract page including BuyBoard's logo, an online link to BuyBoard's registration page, a contact form for inquiries and any supporting documentation or marketing materials that BuyBoard deems appropriate and/or necessary. 3. Whirlix Design Inc. sends a monthly e-newsletter and will add a permanent link to the Information contained on our website highlighting the advantages of using BuyBoard for all purchases. 4. After obtaining a list of all Cooperative Members we will send out an a-blast announcing our approval as a vendor, a list of our products and services with a link to our BuyBoard dedicated web page, 5. We will send out subsequent email blasts to continue to promote BuyBoard purchasing benefits periodically throughout the year. 6. Our sales team will discuss advantages of purchasing through the BuyBoard with current and future customers and prospects. 7. We will work with BuyBoard on cobranding opportunities including brochures, signs,catalogs, product line sheets, pricing proposals,presentations and mailers for both digital and static assets. 8. We will make BuyBoard sales literature and marketing materials available to customers and prospects at trade shows, at presentations, in mailings,and part of our digital catalog and information sections of the website. Planned 2019 Trade Shows include:TXASLA,TRAPS- North & Central,TML, PTA and the AOAP Conference &Exposition. 9. We will post cross-promotional information/press releases about our approval as a vendor and the advantages of purchasing through BuyBoard on our social media platforms including Facebook, Instagram, Twitter, Pinterest and Linkedln. We have a long-term &mutually very profitable relationship with the BuyBoard dating back to when the Playground contract was first issued. We intend to continue to use the BuyBoard as our primary method of contract sales in the future. Whit1rX DeX%5 h --rf7 e- Company Name Signatbre.ja Authorized Company Official i u o u e Si e*I Printed Name i Proposal Farms CANST v.p6.14.20IS Page 30 of 71 • Admh AM Uard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com ONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et, seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check(V)one of the following: NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. ® YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded"YES",you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets if needed.) Proposal Forms CONST v.06.14.2018 Page 31 of 71 P p 0 Ar Wcoopel"Ve Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 � PH: 800-695-2919 • PAX: 800-211-5454 • buvboard,com B. Copyright Information Does your Proposal (Including forms, documentation, or other materials submitted with the Proposal) contain copyright Information? NO, Proposal(Encluding forms,documentation,or other materials submitted with the Proposal) does not contain copyright information. YIES, Proposal(including forms,documentation,or other materials submitted with the Proposal) does contain copyright information. If you responded"YEV, identify below the specific documents or pages containing copyright.information. Copy0ght Information: Catalog and price list copyrights are held by their respective Owners, Permission was obtained in writing to share the documents with BuyBoard Members but are not to be reproduced without written permission from the Owners. (Affach addrtivrral sheets if needed.) C.Consent to Release Confidential/Proprietary)Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view Information Included In the Proposals of awarded vendors, If you identified Information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release proposal Tabulation Notwithstanding anything in this Confidentlal/Prop rletary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, Including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricellst name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award Information. By signature below, I certify that the information in this Form Is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Whirlix Design Inc. Company Nam Signaillure f Autthorized Company Official Jason Edmundson, President Printed Name - January 15, 2019 Date Proposal Forms CoNst v.06.lA.2019 Pack, '2 of 71 s Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com VENDOR BUSINEss NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: Whirrx Design Inc. (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name,dba,aka,etc.here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals) Please check(V)one of the following Type of Business: Individual/Sole Proprietor Corporation xxxx Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 82-3412256 (Vendor must include a completed IRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: if different than the Name of Proposing Company listed above, only valid trade names(dba, aka, etc.)of the Proposing Company may be used and a copy of your Assumed Name Certificate(s),if applicable,must be attached) Proposal Forms CONST v.06.14.2018 Page 33 of 71 5 j� 1 j i Request-for TaxpaYer Form : �`. Give ForM to the {Rev:November2017) Identification Nun9ber and Certification requester:Do not Department of the Treasury Send to the IRS. internal Revenue Service 10.Go to vvww.lrs gov1FormW9 for instructions and the latest information. 1 Name(as shbwri on your income tax return).Name is required on this line;do not leave this line blank. Whirlix Design,,line 2 Business nameldtsregarded entity name;if different from above i 3 Check appropriate box for federal tax classification of the parson whose name is entered on line 1,Check only one of the 4-Exemptions(codes apply only to following seven boxes. ' certain entitles,'not individuals;see sl instructions on page 3); o ❑ Individual sole proprietor or Q C Corporation ❑s Corporation ElPartnership ❑Trust estate m _ sfngte=memberLLC a g Exempt payee Coda(d any) i El Limited liability,company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)0-9 o 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not cFieck F�cemption from FRTCA reporting c ri LLC if the LLC is ciassified•as asingle-member LLC chat is disregarded from the owner unless the owner of the LUG is code{if any) 0. o another LLC that is not disregarded from the owner for U.S,'federal tax purposes.Othorwise,-asingle-member LLG that e is disregarded from the owner should check the appropriate box for the tax classification of its owner. aoi .Q.Other(see instructicns)1 Wpsesroa��eV um�W,.d-r_rdaa,ous) rL 5 Address(number,street;and apt.or suite no,)See instructions. Requester`s name and address(optional) 1761 International Pkwy#125 6;City,state,and ZIP code Richardson,TX 7,5081 i 7 List account numbers}here(optional) Taxpayer Identification:Number Enteryour TiN in fhe appropriate box:The TIN_providedmust match the naive givenon Line 1 to avoid social secpgty number backup'vithholdin .Foriricli4iduais,ibis is generally your social security number(S5N).HoweVbr,fora__ resldent alien,sole,proprietor ar disregarded entity,see#h If youdo"noteinstrucfions fie'aFartl,laiec For other entities;if!s your employerddentificatidn number{EIN). Nava a'numbor, t see yow;fo ge a TIN,later, 9r Note:if the account is in more than one name,see the instructions forllne 1.Rlso see Whatmme and Employer#dentiflgatien number Number To Glve the Requester for guidelines on whose nutiberto enter, $ 2 = 3 ;4 1 s2 -2 5 b CerEificaton Linder penalties ofperjury,i certify that: f.The number shown on this form is my correct taxpayer identification number(or I am waiting fora number torte issued to me);and 2.1 am not subject o packup Withhold because:{a}!am exempt from backup withholding,or-(b)(have riot beerrnotlfled by the internal Revenue Service(IRS)that I am subject to backup thritiiholding as a result of a failure to repot t all Interest or dividends,:or(c)the!RS has notified Yne that I am' no longersubjeetto baokup withholding;and 3,1 am a:t1,S.citizen or other U,8.person(defined below};and 4.The FATCA code(s)'entered'on this form(!f any}indicating that I.am exempt'from FATCA reporting is correct. Certification instructions.You must cross out item2-above you have been notified by fhe IRS That you are currently",subject to-backup withholding because you have;faiied to report all interest and'dividends ion your fax return.For real estate transactions,item 2 does_not apply:For mortgage interest.paid,'' acquisition or abandonment of secured;property,cancellation of debt;contributions to an individual retirement arrangement(IRA),=:and gene�aliy,payments other than,inferest and dividend's,.you are not required to sI 'on,but you must provide your correctTIN.See the instruction"s for Part 1,later. .�11gn, - Signature of HeYe U.S.person 1 Date CeleYai instCUGt4 Form 1099-DiV(dividends,including thosefrom stocks or mutual funds) Section references are to the Internal Revenue Coda unless otherwise Form 1499-MiSC(various type noted. s of income,prizes,'awards,or gross, proceeds} Future developments.For the latest information about developments .Fprm'109%9-B(StiiCk Or IY1UtUal,fund Sfl19S antl certain Other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) a#Cer they were published,gQto www.irs.govlFbi*W9: .Form 1099-5{proceeds from real estate transactions) PUrp4S@ Q!i FUi Ctl Forrri 1099-IC,merdhant'card"and third:party network transactions} An individual or entity(Form VW-9 requester}who is raquired#o file an •Form;1p98(home"mortgage interest),1098-E tstudent loan interest), lnforrriation return with the i13Smost obtain your ,correct taxpayer. 1 098 Ts(tuition) identification number(TIN)which may be your social security number •Form'1099-G(canceled debt) ON).!nd!vidual taxpayer identification number-(ITIN),adoption •Form>1098-A(acquisition or abandonment of secured property) #axpayar identification number(ON) oremployeridentification number Use Form W-9 oni 1f ou are a U.S,person(Including a,resident {EIN);to report,on an information return the amount.paid to-you,or.'other y, y • ( 5 amount reportable on an information return.Examples of information alien},to provideyourcorrect TIN. rotu5 Include,but are not ilmitea to,the following. rryou,(too not return Form W--s ro the requester with a_77N you might m Form i p 39-1NT{interest earned or paid)_ be subject to backup withholdinj..See What)s backup withholding, later. Cat.No.t0231X Form W,9(Rev..11-2077) PVCvaperative Parchashig 12007 Research Boulevard •Austin,Texas 78759-2439 - Phi: 800-695-2919 ' FAX:800-211-5454 'buvboard.cam EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix 11) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific Federal laws, regulations,and requirements may apply in addition to those under state law. This Includes, but is not limited to, the procurement standards of the Uniform Adminlstrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR"). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federaf grant funds. Cooperative members may also require Vendors to enter Into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For ggo of the Items below, Vendor should certify Vendor's agreement and ablllty to comply, where appl/cable,by having Vendor`s author/zed representative complete and Initial the applicable boxes and sign the acknowledgment at the end of this form. rf you fat/to complete any Item in this farm, the Cooperative w111 consider and mayllst the Vendor's response on the BuyBoard as 'WD,'the Vendor Is unable or unw1111ng to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or In equity. By submitting a Proposal,you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract In excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. if this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor ror,goods or services dellvered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund.such pa yment(5) If an alternate provision for termination of a Cooperative member purchase for cause and convenience, Including the manner by which it will be effected and the basis for settlement, Is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Propowal Fon"CONST V.05.1A.2018 Page 34 of 71 Cvaperarlve Prrrchaslr�g 12007 Research Boukevard .Austin,Texas 78759-2439 , PH: Serf-695-2919 . FAX: 800-211-5454 ' t.uyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to Include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and Implementing regulations at 41 CFR Part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of tabor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that It shall comply with such provision. 4. Davis-Bacon Act; When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts)purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified In a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdal.gau. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is condltloned upon Vendor's acceptance of the wage determination. Vendor further agrees that It shall also comply with the Copeland "Anti-Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (2.9 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed In the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5, Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that Involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker Is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked In excess of 40 hours In the work week. The requirements of 40 USC 3Y04 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily avallable on the open market, or contracts for transportation or transmission of intelligence.__ 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative members Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter Into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any Implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms CONST v-0634.2016 Page 35 of 71 PVC0000rative Purchasing 12007 Research Buylevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard,com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations Issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. $. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), In accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Camp. p. 189) and 12689 (3 CFR Part 1989 Camp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared Ineligible under statutory or regulatory authority other than executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, Is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to Immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor If Vendor is later listed on the government-wide exclusions In SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must fife the required certdflcation. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place In connection with obtaining any Federal award, Such disclosures are forwarded from tier to tier up to the non-Federal award. As appliccable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment(31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 Include procuring only items designated In guidelines of the Environmental Protection Agency(EPA) at 40 CFI Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the Item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services In a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials Identified in the EPA guidelines. It. Profit as a Separate Element of Price: For purchases using federal funds in excess of$150,000, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide Information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, Including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, Including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms CONSr v.06,14.2018 Page 36 of 71 P F and wCapperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 'buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases Including, but not limited to, applicable recordkeeping and record retention requirements. Vendor CertlFicat€on: YES, I agree or Vendor Certification Item No, NO I do NOT agree Initial h 1. Vendor Violation or Breach of Contract Terms YES __ 2. Termination for Cause or Convenience YES 3. Equal Employment Opportunity YES 4. Davis-Bacon Act YES 5. Contract Work Hours and Safety Standards Act YES �. 6. Right to Inventions Made Under a Contract or Agreement YES 7. Clean Air Act and Federal Water Pollution Control Act YES - 1 8. Debarment and Suspension YES r 9. Byrd Anti-Lobbying Amendment YES I.U. Procurement of Recovered Materials YES 11. Profit as a Separate Element of Price YESF 1.2. General Compliance and Cooperation with Cooperative Members YES By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Whirlix Design Inc. Company Name Slgnatur�of uthorized company official k Jolson Edmundson, President Printed Name Proposal Forms CONST v.06.M.2019 Page 37 of 71 Adalk Aid kwCooperative EN Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work' under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'. Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. Whirlix Design, Inc., 6 Months. Not for sale and will not be acquired. Whirlix Design, L.L.C., 8 Months KidZone Play, L.L.C. d/b/a Recreation Consultants of Texas, 6 Years Recreation Consultants of Texas, L.L.C., 12 Years 2. Describe Proposer's direct experience (not as a subcontractor) performing the work proposed under this contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract. Recent projects reference list is attached. 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. Whirlix Design Inc. has nine full-time employees with a combined 40+ years of experience. We represent the finest manufacturers and installers in the field. The Whirlix Team stands ready to provide whatever expertise is required to successfully and economically complete all BuyBoard projects in a timely fashion. Proposal Forms CONST v.06.14.2018 Page 38 of 71 1Nhirlix Design Inc 1761 International Pkwy#125 WhirlXi Richardson TX 75081 Always in Motion � '� • 800-975-2147 wwwwhirlix.com REFERENCES - Whilrix Design, Inc. January 23, 2019 The Cfty of Dallas Leong F. Lim, P.E. Sr: Program Manager Park and Recreation Department 1500 Marilla St. 6FS Dallas, TX 75201 0: 214-6 70-7753 1 F: 214-659-7003 Ieong.lim@dallascitvhall.com 1) Playground at Griggs park(2016): * Play structure (all design work) &installation - multiple units, age appropriate for both 2-5 & 5-12, Swings, &integrated Shade. Includes all Engineered Wood Fiber Material fall-zone surfacing. * Approximate value for project= $90,000.00 2) Playground at Buckner Park (2016): • Play structure (all design work) &installation - multiple units, age appropriate for both 2-5 &5-12,Swings, &integrated Shade. Includes all Engineered Wood Fiber Material fall-zone surfacing. • Approximate value for project= $90,000.00 The City of Cedar Hill Shawn Ray Park Superintenden t Park and Recreation Department 285 Uptown Blvd Cedar Hill,TX 75104 0: 972-291-5100 zawn.r ceda hilltx.c i 3) Playground at Calf pasture Park(2018), • Play structure (all design work), Picnic pavilion, &installation - multiple units, age appropriate for loth 2-5 &5-12, Swings, &integrated Shade. Includes all Engineered Wood Fiber Material fall-zone surfacing. • Approximate value for project= $165,000.00 The City of Frisco Brut Bergeron r Senior Park Planner City of Frisco Parks &Recreation Department .6726 Walnut-St.-Frisco,TX 75033 PH: 972,292.6516 1 FX: 972.292,6530 BBergeron@ Frisco texas.g vy 4) Playground at Plum Creek Park(2017): + Play structure (all design work) &.installation - multiple units, age appropriate for both 2-5 & 5-12, Swings, &integrated Shade. Includes all Engineered Woad Fiber Material fall-zone surfacing. • Approximate value for project= $110,000.00 5) Playground at Wranglers Range (2017): • Play structure (all design work) &installation - multiple units, age appropriate for both 2-5 & 5-12, Swings, &integrated Shade. Includes all Engineered Wood Fiber Material fall-zone surfacing. • Approximate value for project = $160,000.00 6) Hollyhock Amenities Center Playground (2016): • Play structure (all design work) &installation-multiple units, age appropriate for both 2-5 &.5-12, Swings, &.integrated Shade. Includes all Engineered WoodFiber Material fall-zone surfacing. • Approximate value for project= $160,000.00 The City of Round Rock David Buzzell Parks Development Manager Park and Recreation Department 3011J . Bagdad Round Rock, TX 78664 0: 502-341-3345 d buzzel I @ rots ndrocktexas.gov 7) Playground at Play for All Abilities Phase lI + Play structure (all design work) &installation - multiple units, age appropriate for both 2-5 &5-12, Swings, &integrated Shade. Includes all Engineered Wood Fiber&Poured- In-Place fall-zone surfacing. • Approximate value for project= $155,000.00 Page 2 The City of Noa•Ith Richland Hills Jae Pack Senior Park Planner Park and Recreation Department 7901 NE Loop B20 North Richland Hills,TX 76180 0: 817-427-6620 i_packftnrhtx.com 8) Playground at Northfield Park (2017): * Play structure (all design work) &installation -multiple units, age appropriate for both 2--5 &5-12, Swings, &integrated Shade. Includes all Poured-In-Place Rubber fall-zone surfacing. * Approximate value for project=$150,000 The City of Euless Ray McDonald Park Director Park and Recreation Department 1314 B Royal P Euless,TX 76040 0: 817-685-1669 rmcdonaldOeu less texas.gav 9) Playground at J.A. Carr Park (2019): * Play structure (all design work) &installation - multiple units, age appropriate for both 2-5 &5-12,Swings,& integrated Shade. Includes all Engineered Wood Fiber Material fall-zone surfacing, ■ Approximate value for. project:_$488,000.00 Page 3 Uard Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? We will provide whatever design assistance may be required by the project's architect or professional engineer including budgetary pricing assistance in the fields we represent. 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party. Turnkey design, procurement, and installation of outdoor playground, exercise, site amenity, shelter, and shade projects that do not require the services of licensed architects or professional engineers. 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Good financial strength. $500,000 credit line. $500,000 liquid cash assets. Bonding up to $5,000,000. No bankruptcies, insolvencies, or payment disputes ever. 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. NO. Proposal Forms CONST v.06.14.2018 Page 39 of 71 Ab Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 8. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. NONE. 9. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), if applicable, nature of the claim, and resolution or current status. NONE. 10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. The manufacturers we represent offer the finest warranties in the industry. A one-year warranty is extended on all installation work. Certified Playground Safety Inspectors are available to review all projects. Manufacturers certify their equipment meets or exceeds all applicable ASTM and ADA specifications. 11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. Payment/Performance/Maintenance Bonds issued through Landscape Structures, Inc., Delano, MN, our main play equipment manufacturer. LSI uses the following company: RLI Insurance Company, 9025 N Lindberg Dr., Peoria, IL 61615. Bonds are issued on AIA Document 312 - 2010 unless customer has a form they prefer. Proposal Forms CONST v.06.14.2018 Page 40 of 71 PFCapperafte Purchasing 12007 Research Boulevard ,Austin,Texas 78759-2439 ' PH: 800-695-2919 , rAX: 800-211 5454 . buyboard.00m 12. Describe in detail all documented safety issues, if any, that have involved Proposer in the last three (3) years related to the type of work contemplated under this contract. Provide a 3-year history of your firm's workers compensation experience modifier. NONE. By signature below, I certify that the information contained in and/or attached to this Proposal Invitatifon Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Whirlix Design Inc. Company Name r_ Signature Q uthorized Company Official Propusal FOOMS COAST v.06.14.20ta Page 41 of 71 D 8 0 At WCOUP"O"VO PurChaSlAY 12007 Research Boulevard 'Austln,Texas 78759 2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard,coni REQUIRED FORMS CHECKLIST {Please check(v)the following} Completed: Proposer's Agreement and Signature [Z, Completed: Vendor Contact Information C m I : Felony Conviction Disclosure and Debarment Certification Completed: Resident/Nonresident Certification Completed: No Israel Boycott Certification Completed: No Excluded Nation or Foreign Terrorist Organization Certification Completed: Historically Underutilized Business (HUB) Certification) Completed;eted; Construction Related Goods and Services Affirmation Completed: Deviation/Compliance Com le ed: Location/Authorized Seller Listings Completed; Manufacturer Dealer Designation Q� Completed: Texas Regional Service Designation Com 1p e : State Service Designation Completed: National Purchasing Cooperative Vendor Award Agreement Comnleted: Federal and State/Purchasing Cooperative Experience [ Completed: Governmental References C e ed: Marketing Strategy Completed, Confidential/Proprietary Information Completed: Vendor Business Name with IRS Form W-9 [ Completed: EDGAR Vendor Certification [� CQrnplet . Proposal Invitation Questionnaire ' s Completed: Required Forms Checklist , }l �Q j v � (�' Completed: Proposal Specification Form with Catalogs/Price is and Manufacturer Authorization Letters Y�Bblags/Frlcellsls mustbe subrnlltcd with raposaJres�unsc or response will pal be eonsVered, Proposal Forms CONSr v,06.11,2019 Page 42 of 71 f August 29, 2018 RE: Texas BuyBoard Please accept this letter of authorization that Whirlix Design Inc. is an authorized representative to sell Bison,Inc.products in the state of Texas. Should you have any questions or need further information, please contact me at your convenience. Thank you, Chris Livingston Bison Inc. —National Sales Manager 800.247.7668 ext. 3177 clivingston@bisoninc.com 603 " L" STREET LINC❑ LN , NE 68522 402 .474.3353 FAX : 402 .474.6720 Bison, Inc. is a subsidiary of 1M5CORP w w w . b i s o n i n C . c ❑ m TOLL FREE 800.247 . 7668 A GOAL FOR EVERY GAME U/ CFP CEDAR FOREST PRODUCTS January 1, 2018 To whom it may concern: RE: Texas BuyBoard Whirlix Design Inc. is an authorized dealer for Cedar Forest Products Co. in the State of Texas. If you have any further questions or concerns, please do not hesitate to call. Thank you, Ben LaBarge President Cedar Forest Products Co. P.O. Box 145 West Olive, MI 49460 (616) 368-1706 ben(ib,cedarforestproducts.com Crown Doors,LLC 135 McLeod Avenue South Plato,MN 55318 Tel(320)238-2616 Fax(320)238-2618 - frank®crowndoors.com Cwww.crowndoors.com JANUARY 7,2019 Jason Edmundson Whirlix Design Inc. RE: Approved Vendor&Installation To Whom it May Concern, Crown Doors, LLC (Crown) is the sole manufacturer of the patented SST-II Hydraulic System. Manufactured in Plato, MN., our products are shipped to customers throughout the United States, and internationally. This letter is to confirm that Whirlix Design,Inc.is considered an approved vendor and qualified installer of Crown products and is authorized to sell and install Crown systems. Regards, Frank Zuehlke CROwNDOORs,LLC FP o IE I �Vwrmm=ft��r ABWCW=fffiWW MbWARftWW fflvwmftw�mw AWhC;7 tw� January 23, 2019 To Whom It May Concern, Whirlix Design, Inc. is a representative of our products and is authorized to sell our products in the state of Texas. Please let me know if you need further information. Thank you, John Burnau President/CEO 3076 S.900 E.,Pierceton,IN 46562 800-714-1302/Fax:574-594-3018 info@dynacushion.com/www.dynacushion.com PLAYGROUND �►� FIBAR RFA IN SU C G January 22, 2019 To Whom It May Concern: This letter will serve to verify that Whirlix Design Inc., 1761 International Pkwy, Ste. 125, Richardson, TX 75081, is an authorized sales representative of Fibar® products in the State of Texas. Sincerely, Henry Mustacato President HM:mld J:\WS\SHARE\WhirlixTexasAuthLtr.docx (Yjaypro sports 976 Hartford Turnpike Waterford, CT 06385 28 August 2018 To Whom It May Concern: Please be advised that Whirlix Design Inc. located in Richardson,TX is an authorized distributor of Jaypro Sports Equipment. As such,they are pre-approved to sell Jaypro catalog and custom designed Jaypro products. They are well versed in the products and are a distributor in good standing. Should you require additional information, I can be reached at any of the below methods. Sincerely, ih, &4 Doug Morrow National Sales Manager,Custom Projects Office: 800-243-0533 X162 E-Mail: dmorrow@jaypro.com A& landscape structures® January 22, 2019 To Whom It May Concern: Thank you for your interest in Landscape Structures Inc. products. Since December 1st, 2017 Whirlix Design Inc has represented Landscape Structures Inc. as our exclusive representative for Park and Playground Equipment in the state of Texas exclusively for Zip Codes 750-758, 760-768, 780-782 (except 78040-78041, 78043, 78045-78046, 78061), and 786-787). Regarding Landscape Structures replacement parts, Whirlix Design Inc is the only company that can provide them for your project. Landscape Structures Inc. will honor any responsibilities under the warranty for products sold by the Sales Representative, if Sales Representative fails to perform such service. Sincerely, LANDSCAPE STRUCTURES INC. Tim Barrett Business Development Manager 601 -7th Street S., Delano, MN 55328 * 800-328-0035 * www.playlsi.com No Fa:uit Tuesday,January 22, 2019 The Local Government Purchasing Cooperative Attn: Proposal Administration Manager 12007 Research Blvd. Austin, TX 78759 Please accept this letter of authorization that Whirlix Design Inc is an authorized representative, to sell No Fault in the state of Texas in the following zip codes: 750-758, 760-768, 780-782 (except 78040-78041, 78043, 78045-78046, 78061), and 786-787). We appreciate any business opportunities available. Please let me know if I may assist you further. Sincerely, 2&gmI1cX v Beth Johnson NO FAULT SPORT GROUP,LLC Account Manager No Fault SportGroup, 1 ii Rouge LA 70808 . II 66 www.nofault.com AF E SafeSurf, Inc. P.O. 177201 Irving,TX 75017 January 22,2019 To: The Buyboard From:Chuck Longino, SafeSurf RE: Buyboard Distribution Authorization To the Buyboard; Whirlix Design, Inc. is authorized to sell and install our products in Texas, at a maximum discount of 10%. Exceeding this percentage will void this agreement. Sincerely, Chuck Longino Operations Manager SafeSurf, Inc. SUPERIOR January 22, 2019 RE: Texas BuyBoard This letter shall serve as confirmation that Whiriix Design is an authorized dealer for Superior Recreational Products 1 Webcoat Inc. Whirlix Design has approval/authority to represent/sell our products in the state of Texas. Please feel free to contact me if you have any questions Sincerely 60'� jA00L Cori Flood CCR Manager Superior Recreational Products 1 Webcoat Inc 918-558-6017 770.832.6660 o I.800.327.8774 770.832.6687 f 1050 Columbia Drive Carrollton,GA 30117 SolarSynthesis 114 Cornerstone Drive,South Windsor,CT 06074 /w1�p ifft Phone(860) 280-7931 +4l Cabbamonte@solarsynthesis.us www.solarsynthesis.us Sol�rSynticsix January 4, 2019 To Whom It May Concern: Thank you for your interest in SolarSynthesis products. Since March 15, 2018 Whirlix Design Inc has represented SolarSynthesis as our representative for Solar Powered Charging Stations for Cell Phones in the state of Texas. Regarding SolarSynthesis replacement parts, Whirlix Design Inc is authorized to provide them for your project. SolarSynthesis will honor any responsibilities under the warranty for products sold by the Sales Representative, if Sales Representative fails to perform such service. Sincerely, SolarSynthesis F Christopher Abbamonte President URFACEAMERIC1 Rccreatianar&Athletic Surfacing for Maximum Performance Authorized Dealer Date : Thursday,January 24, 2019 To Whom It May Concern: The intent of this letter is to clearly state that Whirlix Design, Inc is an authorized dealer for the Surface America product line including PebbleFlex. Please do not hesitate to call 800-999-OSSS with further questions. Thank-you, SURFACE AMERICA, INC A.J. Wroblewski Account Manager VITQITQRF�� UT VIiR1TU tKOM YOU'RE ON OUR TURF Hanover Specialties Inc 35 Feldland St Bohemia, NY 11716 Wednesday, January 23, 2019 Attention: Buy Board Please accept this letter of authorization that Whirlix Design is an authorized representative, to sell Hanover Specialties Inc. (Vitriturf) in the state of Texas. We appreciate any business opportunities available. Please let me know if I may assist you further. Sincerely, Steven Noskin President Hanover Specialties Inc 631.231.1300 )fGR-)%%�SS January 23, 2019 RE: Authorized Representative Texas Buy Board To Whom It May Concern, Whirix Design, Inc. is an authorized dealer of XGrass, LLC. Please do not hesitate to contact me if there are any further questions. Thank you, Amy Cooke XGrass, LLC 15:• 1 16 272 01140 :: Dalton, 307217065290849 • ••O .ss cr D4178oard` Cooperative Purchasing 12007 Research Boulevard " Austin,Texas 787S9-2439 • PH: 800-695-2919 , FAX: 800-211-5454 • buyboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies In the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either refection of your proposal or, if awarded, termination of your Contract Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers ❑ I will service Texas wl Cooperative members statewide. I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: -fin-~y �'• ;" Reckon Headquarters u� .w�g, �. .. µ�,..� ❑ 1 Edinburg Rr 2 Corpus Christi 3 Victoria q Houston x ❑ 5 Beaumont 6 Huntsville 7 Kilgore 8 Mount Pleasant u Wichita Falls fin' '" ! 10 Richardson V — L a 11 Fort Worth M_J- ,� 12 Waco �!�f 13 Austin 14 Abilene 15 San Angelo . ❑ 16 Amarillo Whirlix Design Inc. ❑ 17 Lubbock ❑ 18 Midland Company e ,.�•.•.� ❑ 19 El Paso 20 San Antonio Signature of AuthdrJ d Company Official Jason Edmundson, President ❑ I will not service members Printed Name of the Texas Cooperative. Page 21 of 71 Proposal Forms CnNST v-06.14AI8 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICELISEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Whirlix Design Inc. 2 ❑ Check this box It you aref€fang an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. NIA Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and S for each employment or business relationship described. Attach additional pages to this Form CID as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes FIND B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts cribed in 5 i .1•ffS'm7g( excluding gifts described in Section 176.003(a i). September 17, 2021 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx,us Revised 1/112021 10/12/21,2:11 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 6/23/2020 REFERENCE**M&C 20- LOG NAME: 13P COOP PLAYGROUND NO.: 0151 EQUIPMENT BB PARD TT CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Purchase Agreements with Multiple Vendors for Recreation Equipment and Field Lighting Products Using a Cooperative Contract for the Parks & Recreation Department in the Combined Annual Amount Up to $750,000.00 and Authorize Two Annual Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize Purchase Agreements with the vendors listed below for parks and recreation equipment and field lighting products using Texas Association of School Boards (BuyBoard) Contract No. 592-19 for the Parks and Recreation Department in the combined annual amount up to $750,000.00 and authorize two annual renewal options. DISCUSSION: The Parks & Recreation Department(PARD) approached the Purchasing Division to finalize annual agreements to purchase new equipment and replacement pieces from multiple vendors which will be installed by the PARD Small Capital Projects Crews (SCPC) and maintenance staff. PARD staff recommends awarding multiple vendors offering a variety of products offered through BuyBoard Contract No. 592-19. Recommended vendors and award amounts are listed below: Vendor Award Amount Total Recreation Products, Inc. $250,000.00 Childs Play, Inc. $150,000.00 Insite Amenities, L.P. $100,000.00 Webuildfun, Inc. $100,000.00 Whirlix Design, Inc. $20,000.00 Kompan, Inc. $5,000.00 American Ramp Company, Inc. $5,000.00 Shade Structures, Inc. $5,000.00 Lea Park& Play Inc. $25,000.00 Play and Park Structures $5,000.00 BSN Sports, LLC $75,000.00 Playground Solutions of Texas, $10,000.00 Inc. Total $750,000.00 apps.cfwnet.org/council_packet/mc_review.asp?I D=27720&councildate=6/23/202O 1/2 10/12/21,2:11 PM M&C Review COOPERATIVE PURCHASE - The Purchasing Division will use BuyBoard Contract No. 592-19 to purchase new equipment and replacement pieces, from multiple vendors which will be installed by the SCPC and maintenance staff. State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the items. BuyBoard contracts have been competitively bid to increase and simplify the purchasing power of government entities. M/WBE OFFICE -A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERMS—This agreement will commence upon City Council approval, and end September 30, 2020 to coincide with BuyBoard contract No. 592-19. RENEWAL OPTIONS - The BuyBoard Agreement may be renewed at the City's option for two additional one-year terms if BuyBoard renews its contract. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and award of the contract, funds are available in the current operating and capital budgets, as appropriated, of the General and Capital Project Funds. Prior to any expenditure being incurred, the Park& Recreation Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity udget Reference# Amount ID ID L Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Kevin Gunn (2015) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Tempy Thomas (7648) ATTACHMENTS Buy Board Docs .pdf apps.cfwnet.org/council_packet/mc_review.asp?ID=27720&councildate=6/23/2020 2/2