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Home My WebLink AboutContract 55920CSC N o. 55920 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Comm- FIT Holdings LLC ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule munic ipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence m which they are listed: L This Cooperative Purchase Agreement; 2. E�ibit A— Seller's Quote, Scope of Services or Purchase Order; 3. E�ibit B— Cooperative Agency Contract (e.g., NJPA, DIR, BuyBoard); and 4. E�ibit 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 E�ibit A 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 A 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 Four Hundred Thousand Dollars ($400,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred far City not specified by this Agreement unless City requests and approves in writing the additional costs far 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 April 1, 2021 and ending on March 31, 2022. City shall be able to renew this agreement for zero (0) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after fmal 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, mcluding, but not limited to, all electronic records, of Vendor involvmg transactions relating to this Agreement at no additional cost to City. Vendar agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space m order to conduct audits m 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, Coope rative Pu rchasing Agreeme nt �. i.o OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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: To CITY: City of Fort Worth Attn: Valerie Washington, Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 Assistant City With copy to Fort Worth City Attorney's Office at same address To VENDOR: Comm-FIT Holdings LLC Attn.: Stefani Shultz 4651 Sunbelt Dr. Addison, TX 75001 Facsimile : 972-620-7798 [SIGNATURES ON THE FOLLOWING PAGEJ The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. Coope rative Pu rchasing Agreeme nt 2 of 3 v. 1.0 C�1_Y_II•_��] 111C�] 711��i�[�] 711I: A !/qGe�ie wafG�i��o� �I; ValerieWashington(Jun29,2 11324CDT) Name: Valerie Washington Title: Assistant City Manager CON'1'RACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Date: J u n 29, 2021 APPROVAL RECOMNMENDED: i�C�Z'G� �G��4� R��: Richard Zavala (Jun 2 21 08:36 CDT) ,_,�, Name: Richard Za�ala Title: Director Park & Recreation Department Wr�—�).�1 sand�avour,b� d(�ur,ia,�o�iizoocor) Name: Sandra Youngblood Title: Assistant Director Park & Recreation Department �� Name: Kelli Pickard Title: Assistant Director Park & Recreation Department �ll,.�.��,�d.p... �7: Sheri Endsley (Jun 18, 202 1Z22 CDT) ---� Name: Sheri Endsley Title: District Superintendent Park & Recreation Department APPROVED AS TO FORM AND LEGALITY: /1� �: NicoArias(Jun29,202110:46CDT) Name: Nico Arias Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: P-12326 Form 1295: 2019-462955 ATTE.�T: By: ��Y'��-��z� Name: Mary Kayser Title: City Secretary VENDOR: Comm-FIT Holdings LLC Trqc Strqu�ih�h �7: Tracy Straughan (Jun l, 202107:44 CDT) Name: Tracy Straughan Title: Executive VP and CFO Date: J u n 21, 2021 Coope rative Pu rchasing Agreeme nt �. i.o OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST OTHER COMMERCIAL GRADE HEAVY ABS COMPANY DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% OTHER COMMERCIAL GRADE HEAVY ACCUCODE DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 5.00% OTHER COMMERCIAL GRADE HEAVY ADVANTAGE FITNESS PRODUCTS - DUTY EXERCISE EQUIPMENT AND GYM RAX 16 ACCESSORIES 5.00% ADVANTAGE FITNESS PRODUCTS - OTHER COMMERCIAL GRADE HEAVY DYNAMAX DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 5.00% OTHER COMMERCIAL GRADE HEAVY AEROMAT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 5.00% OTHER COMMERCIAL GRADE HEAVY ALVAS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY BROADCAST VISION DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 10.00% OTHER COMMERCIAL GRADE HEAVY CLEANING STATION DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 7.50% CONCEPT 2 COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 0.00% OTHER COMMERCIAL GRADE HEAVY CORE ENERGY—ANCHOR GYM DUTY EXERCISE EQUIPMENTAND 16 ACCESSORIES 20.00% CYBEX 7 COMMERCIAL GRADE TREADMILLS 25.00% COMMERCIAL GRADE EXERCISE CYBEX 8 BICYCLES/ROWERS/UBEs 25.00% CYBEX - ICG CYCLING BIKE OPTIONS COMMERCIAL GRADE EXERCISE AND TRAINING 8 BICYCLES/ROWERS/UBEs 0.00% COMMERCIAL GRADE ELLIPTICAL CYBEX 9 CROSS-TRAINERS 25.00% OTHER COMMERCIAL GRADE HEAVY DUTY EXERCISE EQUIPMENT AND CYBEX - STRUCTURE 16 ACCESSORIES 10.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 1/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE FREE CYBEX - STRUCTURE 14 WEIGHTS 10.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX-FUNCTIONALTRAINERS 11 EQUIPMENT 15.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - EAGLE NX 11 EQUIPMENT 15.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - POWER PLAY 11 EQUIPMENT 12.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - MG-525 MULTI-STATION 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE CYBEX - PLATE LOADED & FREE LOADED STRENGTH TRAINING WEIGHTS 13 EQUIPMENT 10.00% CYBEX - PLATE LOADED & FREE COMMERCIAL GRADE FREE WEIGHTS 14 WEIGHTS 10.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - PRESTIGE 11 EQUIPMENT 20.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - PRESTIGE TOTAL ACCESS 11 EQUIPMENT 20.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - VR1 11 EQUIPMENT 20.00% OTHER COMMERCIAL GRADE HEAVY DETECTO DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% COMMERCIAL GRADE PLATE HOIST - STRENGTH LOADED STRENGTH TRAINING 13 EQUIPMENT 20.00% HOIST - FREE WEIGHTS COMMERCIAL GRADE FREE 14 WEIGHTS 20.00% HOIST - CMJ COMMERCIAL MULTI- COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING JUNGLE PRODUCTS 11 EQUIPMENT 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 2/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST HOIST - COMMERCIAL SELECTORIZED COMMERCIAL GRADE PRODUCTS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE HOIST - KL LINE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% HOIST - LEMOND SPIN BIKES COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 20.00% COMMERCIAL GRADE PLATE HOIST - Mi Series LOADED STRENGTH TRAINING 13 EQUIPMENT 25.00% COMMERCIAL GRADE FREE HOIST - Mi Series 14 WEIGHTS 25.00% COMMERCIAL GRADE HOIST - MOTION CAGE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE HOIST - ROC-IT PLATE LOADED LOADED STRENGTH TRAINING 13 EQUIPMENT 18.00% COMMERCIAL GRADE HOIST - ROC-IT SELECTORIZED SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE HOIST - V SELECT GYMS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE INFLIGHT SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE INFLIGHT LOADED STRENGTH TRAINING 13 EQUIPMENT 12.50% INFLIGHT COMMERCIAL GRADE FREE 14 WEIGHTS 12.50% COMMERCIAL GRADE INFLIGHT - LIBERATOR SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% INTENZA 7 COMMERCIAL GRADE TREADMILLS 25.00% COMMERCIAL GRADE EXERCISE INTENZA g BICYCLES/ROWERS/UBEs 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 3/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST INTENZA COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 25.00% INTENZA COMMERCIAL GRADE STAIR 10 CLIMBERS 25.00% INTERACTIVE FITNESS HOLDINGS COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% OTHER COMMERCIAL GRADE HEAVY INTERACTIVE FITNESS HOLDINGS - ACCESSORIES DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% INTERACTIVE FITNESS HOLDINGS - OTHER COMMERCIAL GRADE HEAVY EXPRESSO LIVE DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 20.00% JACOBS LADDER COMMERCIAL GRADE STAIR 10 CLIMBERS 0.00% KAYAK PRO COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 0.00% COMMERCIAL GRADE LEGEND SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 5.00% COMMERCIAL GRADE PLATE LEGEND LOADED STRENGTH TRAINING 13 EQUIPMENT 5.00% COMMERCIAL GRADE LEGEND - MAG SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 0.00% COMMERCIAL GRADE PLATE LEGEND - MAG LOADED STRENGTH TRAINING 13 EQUIPMENT 0.00% COMMERCIAL GRADE LEGEND - WESTSIDE BARBELL SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 0.00% COMMERCIAL GRADE PLATE LEGEND - WESTSIDE BARBELL LOADED STRENGTH TRAINING 13 EQUIPMENT 0.00% OTHER COMMERCIAL GRADE HEAVY LIFESPAN DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% OTHER COMMERCIAL GRADE HEAVY MARPO KINETICS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 7.50% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 4/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST OTHER COMMERCIAL GRADE HEAVY MYE ENTERTAINMENT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 15.00% OCTANE COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 25.00% OTHER COMMERCIAL GRADE HEAVY POWER SYSTEMS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% COMMERCIAL GRADE PROELITE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 17.50% COMMERCIAL GRADE PLATE PROELITE LOADED STRENGTH TRAINING 13 EQUIPMENT 17.50% PROELITE COMMERCIAL GRADE FREE 14 WEIGHTS 17.50% SCHWINN COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% SPORTSART 7 COMMERCIAL GRADE TREADMILLS 25.00% SPORTSART COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% SPORTSART COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 25.00% SPORTSART COMMERCIAL GRADE STAIR 10 CLIMBERS 25.00% OTHER COMMERCIAL GRADE HEAVY SPRI DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 22.00% COMMERCIAL GRADE EXERCISE STAGES g BICYCLES/ROWERS/UBEs 20.00% STAGES - PROGRAMMING UPGRADE, COMMERCIAL GRADE EXERCISE LISCENSING 8 BICYCLES/ROWERS/UBEs 0.00% STAIRMASTER COMMERCIAL GRADE STAIR 10 CLIMBERS 25.00% OTHER COMMERCIAL GRADE HEAVY TAG DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 22.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM -ACCESSORIES DUTY EXERCISE EQUIPMENTAND 16 ACCESSORIES 8.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 5/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE TECHNOGYM - EASY LINE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% TECHNOGYM - ELEMENT BENCHES COMMERCIAL GRADE FREE 14 WEIGHTS 20.00% COMMERCIAL GRADE TECHNOGYM - ELEMENT STRENGTH SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - ELEMENT STRENGTH COMPUTERIZED STRENGTH 12 TRAINING EQUIPMENT 20.00% TECHNOGYM - EXCITE CARDIO � COMMERCIAL GRADE TREADMILLS 20.00% COMMERCIAL GRADE EXERCISE TECHNOGYM - EXCITE CARDIO g BICYCLES/ROWERS/UBEs 20.00% TECHNOGYM - EXCITE CARDIO COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 20.00% TECHNOGYM - EXCITE CARDIO COMMERCIAL GRADE STAIR 10 CLIMBERS 20.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM - FLEXIBILITY DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 20.00% COMMERCIAL GRADE TECHNOGYM - KINESIS ONE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - KINESIS STATIONS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - OMNIA SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% TECHNOGYM - PERSONAL HOME LINE 7 COMMERCIAL GRADE TREADMILLS 8.00% TECHNOGYM - PERSONAL HOME COMMERCIAL GRADE EXERCISE LINE 8 BICYCLES/ROWERS/UBEs 8.00% TECHNOGYM - PERSONAL HOME COMMERCIAL GRADE ELLIPTICAL LINE 9 CROSS-TRAINERS 8.00% TECHNOGYM - PERSONAL HOME COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING LINE 11 EQUIPMENT 8.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 6/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE TECHNOGYM - PLURIMA SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE TECHNOGYM - PURE STRENGTH LOADED STRENGTH TRAINING 13 EQUIPMENT 20.00% TECHNOGYM - PURE STRENGTH COMMERCIAL GRADE FREE 14 WEIGHTS 20.00% TECHNOGYM - PURE STRENGTH COMMERCIAL GRADE PLATE BENCHES AND RACKS LOADED STRENGTH TRAINING 13 EQUIPMENT 20.00% TECHNOGYM - PURE STRENGTH COMMERCIAL GRADE FREE BENCHES AND RACKS 14 WEIGHTS 20.00% COMMERCIAL GRADE TECHNOGYM - SELECTION STRENGTH SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - SELECTION STRENGTH COMPUTERIZED STRENGTH 12 TRAINING EQUIPMENT 20.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM - TRAINING DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM - WELLNESS TOOLS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 7.50% OTHER COMMERCIAL GRADE HEAVY TKO DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 23.00% COMMERCIAL GRADE TORQUE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% OTHER COMMERCIAL GRADE HEAVY TROY BARBELL/USA SPORTS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% TRUE 7 COMMERCIAL GRADE TREADMILLS 25.00% TRUE COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% COMMERCIAL GRADE ELLIPTICAL TRUE 9 CROSS-TRAINERS 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 7/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE TRUE - FORCE SERIES SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE TRUE - PARAMONT STRENGTH SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 23.00% OTHER COMMERCIAL GRADE HEAVY TRUE - STRETCH DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 23.00% OTHER COMMERCIAL GRADE HEAVY UNIFIED FITNESS GROUP DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 20.00% VICORE FITNESS OTHER COMMERCIAL GRADE HEAVY WELLBEATS - CONTENT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY WELLBEATS - ENHANCED CONTENT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY WELLBEATS - HARDWARE PACKAGES DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 12.50% OTHER COMMERCIAL GRADE HEAVY WELLBEATS - HARDWARE UPGRADES DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% COMMERCIAL GRADE WRIGHT FITNESS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE PLATE WRIGHT FITNESS LOADED STRENGTH TRAINING 13 EQUIPMENT 25.00% COMMERCIAL GRADE FREE WRIGHT FITNESS 14 WEIGHTS 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 8/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 �u ' ° � 1 1 1 1 r=� March 1, 2021 Stefani Shultz Comm-Fit Holdings, LLC 4651 Sunbelt Dr. Addison, TX 75001 EXHIBIT B P.O. 6ox 4aa, Austin, Texas 78767 800.895.2919 • infa@buyboard.com • bwyhoard.com Sent via email to: stefani(a�comm-fit.com Re: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories BuyBoard Contract 583-19 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories, Contract 583-19, for which the current term is set to expire March 31, 2021. At this time, the BuyBoard is renewing your contract through March 31, 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.or� 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.or�. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, O1�tIL9.- � G� �� Lisa Maraden Contract Administrator final renewal v.02.13.2020 A� TASAr �r� � Endorsed 6y � &.t�' �' � �aard� �aaperati�e Pure►rasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com A551 GNMENT OF BUYBOARD CONTRACT Re: Comm-Fit LP, Contract #583-19, Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories The Local Government Purchasing Cooperative d/b/a BuyBoard° (Texas Cooperative) awarded Comrr�Fit LP, 4651 Sunbelt Drive, Addison, TX 75001 (Awarded Vendor) the above referenced contract (Contract) to sell the products and/or services specified in the attached Exhibit A to Texas Cooperative members and the National Purchasing Cooperative extended that award to other states. By virtue of a sale and consolidation effective September 1, 2019, all of Awarded Vendor's rights and obligations under the Contract have been transferred to and assumed by the undersigned vendor (Assignee). Assignee is bound by all terms and conditions of such contract, which the BuyBoard is providing to Assignee as part of the documentation related to this assignment, and shall fulfill all obligations to the Texas Cooperative and National Cooperative and their members thereunder, including without limitation providing the subject products and/or services to their members at a pricing discount and structure at least as good as that required under Awarded Vendor's contract and paying all service fees due the BuyBoard on purchase orders for such products or services. By signature below of its authorized representative, Assignee confirrr�s the facts and acknowledges and agrees to its obligations under the Contract as set out above. Acknowledged and Accepted By Assignee: Comrr�Fit Holdings LLC , 4651 Authorized Signature: �belt Driv Addison, TX 75001 � � Printed Name: Seth Gordon Title: CEO Texas Regions Served: ______AII Te�cas Regions Other States Served: Approved: Assignment of BuyBoard Contract (Excluded Tran.) v.03.21.2018 � �aard� �apperati�e PurChasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Sharon Digitallysignedby Sharon McAfee Bu Board Administrator: McAfee Date:2020.04.23 y ------------ 1821:04 -OS'00� ----- Date: Assignment of BuyBoard Contract (Excluded Tran.) v.03.21.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR'S CONTRACT AS51 GNMENT I NFORMATI ON Proposal Name: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories Proposal Number: 583-19 Contract Time Period: April 1, 2019 through March 31, 2020 with two (2) possible one-year renewals. Comm-Fit Holdings LLC Name of Proposing Company 4651 Sunbelt Drive Street Address Addison, TX 75001 City, State, Zip 972-961-7455 Telephone Number of Authorized Company Official 972-620-7798 Fax Number of Authorized Company Official Proposal Due Date/ Oaening Date and Time: August 30, 2018 at 4:00 PM Location of Proaosal Oaening: Texas Association of School Boards, I nc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meetinp Date: J anuary 2019 4/9/2020 Date - ---- ---�� --- -------------------- Signature of Authorized Company Official Seth Gordon Printed Name of Authorized Company Official CEO Position or Title of Authorized Company Official 84-2741335 Federal I D Number Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 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 I nvitation, including the I nstructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively "Requirements"); 2. By your response ("Proposal") to this Proposal I nvitation, 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 part 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), including 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 I nvitation; c. the possible award of a piggy-back contract by another governmental entiry or nonprofit entiry, 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; 5. 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 I nformation 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 I nvitation 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 I nvitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT I NFORMATI ON Company: Comm-Fit Holdings, LLC ------------------ Vendor Contact Name and Mailing Address for Notices: Stefani Shultz, 4651 Sunbelt Dr, Addison, TX 75001 Company Website: http_//comm=fit.com Purchase Orders: All purchase orders from Cooperative members will be available through the I nternet. Vendors need I nternet access and at least one e-mail address so that notification of new orders can be sent to the I nternet 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: � I will use the internet to receive purchase orders at the following address: E-mail Address: stefani@comm-fit.com I nternet Contact: Stefani Shultz Alternate E-mail Address: Shelby Campbell Alternate I nternet Contact: shelby@comm-fit.com Phone: 469-286-8128 Phone: 972-620-7788 x 4548 ❑ 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 Quotes ("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: stefani@comm-fit.com Alternate E-mail Address: shelby@comm-fit.com I nvoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal I nvitation. 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: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com � Service fee invoices and related communications should be provided directly to my company at: Mailing address: 4651 Sunbelt Drive_____________________ Department: Accounts Payable ---------------- City: Addison---------------------- State: TX--------------- Zip Code: 75001 ----------------- Contact Name: Jil Johnson Phone: 972-996-1693 ------------------------------------- ----------------------------- Fax: 469-916-4270 E-mail Address: lil@comm-fit.com ---------------- --------------------------------------------------- Alternative E-mail Address: shelby@comm-fit.com -------------------------------------------------------------- ❑ I n 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: -------------------------------------------------------------- ❑ I n 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.** ** /f Vendor authorizes a billing agent or Designated Dea/er(s) to receive and process service fee invoices, in accordance with the Gene�al Te�ms and Conditions of the Contract, I/endor specifically acknowledges and agrees that nothinq in that desiqnation shall relieve Vendo� of its responsibilities and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor. Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FELONY CONVI CTl ON DI SCLOSURE AND DEBARMENT CERTI FI CATI ON FELONY CONVI CTI ON DI SCLOSURE 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 entiry for services performed before the termination of the contract." Please check (� one of the following: ❑ My COmpally IS d pUbllCly-held COYpOrdtl011. (Advance notice requirement does not apply to publicly-held corporation.) � 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. Company Name Signature of Authorized Company Official Printed Name DEBARMENT CERTI FI CATI ON 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. Comm-Fit Holdings LLC � ------------- Company Name ---------- _ _.�-- o � ' __ Seth Gordon, CEO ------ ---- ----------------- -------------- Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com RESI DENT/ NONRESI DENT CERTI FI CATI 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 principal 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. Please check (,/) one of the following: � I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is 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 City Address State Zip Code A. Does your resident state require a proposer whose principal 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 ____________°/o VENDOR EMPLOYMENT CERTI FI CATI ON Section 44.031(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 (i) has its principal place of business in Texas; or (ii) 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(Resident/Nonre.sident Certification) and 2(l/endor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Comm-Fit Holdings, LLC Company Name �� - �- --------------------------------------- Signature of Authorized Company Official Seth Gordon, CEO Printed Name Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NO I SRAEL BOYCOTT CERTI FI CATI ON 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 I srael during the term of the contract. (TEx. Gov'� Co�E Ch. 2270) "Boycott I srael" 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 I srael, 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'� Co�E §808.001(1). By signature below, I certify and verify that Vendor does not boycott I srael and will not boycott I srael during the term of any contract awarded under this Proposal I nvitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Comm-Fit Holdings, LLC Company Name - ---- �� - ---------- ---- --------------------- Signature of Authorized Company Official Seth Gordon, CEO Printed Name NO EXCLUDED NATI ON OR FOREI GN TERRORI ST ORGANI ZATI ON CERTI FI CATI ON Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, I ran, 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, I ran, 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. Comm-Fit Holdings, LLC Company Name �� - �- ---------------------------------------- Signature of Authorized Company Official Seth Gordon, CEO ------------------- Printed Name Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com HI STORI CALLY UNDERUTI LI ZED BUSI NESS CERTI FI CATI ON 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"HUB") is encouraged to indicate its HUB certification status when responding to this Proposal I nvitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check �) all that applv: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ 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: � 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. Comm-Fit Holdings, LLC Company Name � Seth Gordon, CEO --------- -------- ------ Printed N G�� - � Signature of Authorized Company Official Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONSTRUCTI ON- RELATED GOODS AND SERVI CES AFFI RMATI ON A contract awarded under this Proposal I nvitation 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 Code) and other applicable law and local policy. The Advisory, available at buyboard.corrVVendor/Resources.aspx, 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 I nvitation, 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. Comm-Fit Holdings, LLC -----------------Company Name ------------ G�� Seth Gordon, CEO Signature of Authorized Company Official Printed Name 4/9/2020 ---------------------------------------- Date Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com DEVI ATI ON AND COMPLI ANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal I nvitation, 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. I n 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 I nvitation if awarded a contract under this Proposal I nvitation. 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 (/) one of the following_ � NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVI DE THE FOLLOWI NG I NFORMATI ON: 1. Shipping Via: ❑ Common Carrier � Company Truck � Prepaid and Add to I nvoice ❑ Other: 2. Payment Terms: � Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 45____ARO 4. Vendor Reference/Quote Number: 5. State your return policy: Returns are valid within 30 days on non-custom items only with 20% restocking fee. 6. Are electronic payments acceptable? �Yes ❑ No 7. Are credit card payments acceptable? �Yes ❑ No Comm-Fit Holdings LLC --------- ------- --------------- Company ame � �- ----- o � - Seth Gordon, CEO -----�------ --------------------- ----------------- Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.06.14.2018 � Ba,ard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com LOCATI ON/ AUTHORI ZED SELLER LI STI NGS 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. I f 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 Phone Number Contact Person Company Name Address ----------- City Phone Number Contact Person State Z p Fax Number State Z p Fax Number Proposal Forms COMM/SVCS v.06.14.2018 � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATI ONAL PURCHASI NG COOPERATI VE VENDOR AWARD I�REEMENT I n accordance with the Terms and Conditions associated with this Proposal I nvitation, a contract awarded under this Proposal I nvitation may be "piggy-backed" 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: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ('Texas Cooperative") awards Vendor a contract under this Proposal I nvitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") 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. I n the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated 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 interlineations or changes to this Agreement by Vendor will be binding on 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 I nvitation. Any changes to the states designated on the State Service Designation Form 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-Back 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 provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily 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. I n 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. Proposal Forms COMM/SVCS v.06.14.2018 � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.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 prices/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/ Entity Name Contact Phone# Email Address Discount Volume _____ 1 City of Fort Worth, Sheri Endsley 817-392-5726 Sheri.Endsley@fortworthtex.gov 0-25% 2 City of Flower Mound, Brian Emmert 972-874-6270 Brian.Emmert@flower-mound.com 0-25% 3 City of Lewisville, Hilary Boen, 4 City of Longview, Joey Russ 972-219-3749 903-237- 1280 hboen@cityoflewisville.com 0-25% 5 UTA Durl Rather jruss@longviewtexas.gov 817-272- 2011 drather@uta.edu 0-25% 0-25% $220K $30K $359K $42K $74K 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 � 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. Comm-Fit Holdings, LLC --------- -------- ---------------------- Company ame - ---- --�� d --------------------------- Signature of Authorized Company Official Seth Gordon, CEO Printed Name Proposal Forms COMM/SVCS v.06.14.2018 � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONFI DENTI AL/ PROPRI ETARY I NFORMATI ON A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal I nvitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public I nformation 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 I nformation 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 (�/) one of the followinq: � N�, 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 I nformation: --------------------------------------------------------------------------------------------------- (Attach additional sheets if needea!) Proposal Forms COMM/SVCS v.06.14.2018 � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Copyright I nformation Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check (�/j one of the following_ � N�, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright I nformation: (Attach additional sheets if needea!) C. Conserrt to Release Cor�fiderrtial/ Proprie�tary/ Copyric�ht I rrforniation 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. Conserrt to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary I nformation 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/pricelist 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. Comm-Fit Holding , LLC --------- -------- ----------------- Company ame - ---- �� - ---- ---- ------------------------ Signature of Authorized Company Official Seth Gordon, CEO Printed Name 4/9/2020 ------------------------------------ Date Proposal Forms COMM/SVCS v.06.14.2018 � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR BUSI NESS 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: (Llst the /eaa/ nairae oF the company seekinq to contract with the Cooperatiue. Do NOT list an assurraea' nam�e, dba, aka, etc. here. Such information may ,be prouided be%w. lf you are submitting a joint proposal with another entity to prouide the sairae proposed goods or services, each submittinq entity should complete a separate uendor information form. Separately operating leqal business entities, even if a�liated entities, which propose to prouide qoods or services sepa�ately must submit their own Proposals ) Please check (�/ one of the following_ Type of Business: I ndividual/Sole Proprietor ____ Corporation _____ Limited Liability Company X ___ Partnership _____ Other I f other, identify State of I ncorporation (it appiicabie): TExas Federal Employer l dentification Number: $a-2�4� 335 ----------------------- (I/endor must include a completed lRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: �Note: it d�r�e�e�t tha� the Na�rae of Proposing Company /isted aboue, on/y ua/id trade nairaes (dba, aka, etc.) of the Proposinq Company may ,be used and a copy of your Assurr,�a' Nairae Certificate(s), if ap,olicable, must be attacheo:) Comm-Fit Proposal Forms COMM/SVCS v.06.14.2018 Fo� VI�-9 �. ac�oae� zo� a] Departmeni of the Treasury intemat Reverue Service Request for Taxpayer Identiflcation Number and Certiflcation ► Go to www.l�a.govlFormN� for Ineuuctians and the latest Information. i name �as snewn on your income tax Camm-FI# Holdings LLC on Gi�e Farm to the requester. Do nat send tn the IRS. s t�usinBss �amei�isregartlad entrty name, it ditferent trom above � m � C D C �� u $� r �j � p � � N m m � 3 GheCk apprapriate box }or federal tax classificatwn �f the person whose narne is entered on line 1. CheCk only one of the 4 Exemptions (codes apply only to following seven boxes. cerlain Bntities, not indivYduals: see instructions on DaQe 31: ❑ IndividuaUsale p�opristor ar ❑ C GO�pDra110n ❑ 5 Carpo�ation ❑ Psrtnership ❑ TrusVesi�ta single-member LLC �✓ Limited liability company. Eriter the taK classific2tion {C=G corporation, 5=S Corporaiion, P=Partner5hipj ► P Note: Check the appropriate box in the line above tor the tax classilication o1 the singlB•membe� owner. Do not oheck LLC if 1ne LLC Ys classified as a single•member LLC that is disregarded trom the owrter unless the owner of the LLC is enother LLC that is no4 disregerded from the owner for U.S. federel tax purpa9es. Dlhprvdise, a aingirs-member LLG thdt is disregaided horc the owner 5houkl cheCk 1he appropriate box iqr the tax classification o1 its owner. Othei 4651 Sunbe�t Drive ;) ► ard a{it. or 5uite no.J See �rstn;ctions. S City, stata, and ZIP cooe Addison, TX 75001 7 I..ist aeequrtt number(s� here (optionat) ldentification Exempt payse aoda {if any) Exemption }rom FATCA raporting COtl6 (��i &llyf (hvw�e: ro acco�.n:: m.�nrrne7ouk,a. m. us.� Aequestar's narne and address (optianaf) Enter your TIN in the appropriale box. ihe TIN pravided must malch the name given on line 1 to avoid backup wRhhalding �or individuals, this is generally your social securiiy number (SSN). However, for a resident alien, sole propnetor, or dksregarded entity, see the instructions for Part 1, later. for other e�rtiEies, it is yo�r employer iderttification number (EIN), li you do not have a number, see How to get a T�N, 18t8�. Note: If Yhe account is in mare than one name, see the instructions for line 7. Also See Whai Name and Number To Give the Requesfar for guidel+nes on whose number to enier. Under penaRies a4 perjury, I certify that: � Socfal aeeurity number � Tm _� ar Employe► Idenitficatlon numhar 8 4 - 2 7 4 1 3 3 5 1. The number shown on thfs form is my correct taxpayer ldentiffcation number {or k am waiting for a number to ba issued to me]; and 2. I arrs nol subject to backup withholding because: (a) I 8m exempt from hackup wiEhholding, or (b) I have not been notiiied by the Interna4 Revenue ServiCe pR5) that i am subject to backup withholding as a result ot a failure to report all Interest or dlvidends, or (c) the !RS has notffied me that 1 am na longer subject to backup withholding; and 3. 1 am a U.S. citizan or other U.S. person (defined bekow); and 4. The FATCA code(s) entereci on this form (if any� Indlcating that f am exempt fram FATCA repor#ing rs correct. CerGficatian instructtans. Yo� must cross out item 2 above if you have been notified by tha IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends an yaur tax reEum. For rea{ estate transadions, item 2 does nat appfy, For mortgage irtteresi paid, acquisition or abandonment of secured property. cancepation of debt, contributions to an individual retirement arrangement (IRA), and genaral�y, payments other than interesi and dividends, you are noj require�to sign ihe certifrcation, but yau must provida your corraet TIN. 5ee 1he instructions for Part II, fater. �� Signeture ot H@re U.S. person ► General �nstructions Sectivn references ara ta the Internal Revenue Code unless othervvise noted. Future developmeMs, �ar the latest informatlon about developme�ts related to Form W-9 and its instructions> such as legislat��on enactad after Ehey we►a published, go to www.rrs.gov/FormW9. Purpose of Form An irtdividual or antity {Form W-9 requester} who is required to flle an information retum with the IRS musi obcain your correct taxpayer identification number (flfV� which may be yaur social security number {55N}, individual taxpayer identification numbar (171N), ado}�tion taxpayar idar�tificstion number (ATIN), o► empSoyrr identi�ication number (E1N�, to report on an fnformation return the amount paid to you, or other amaunt roportable on an 'rniorrnation retum. Examples of inia�mation returns include, hut are not limiied to, fhe folfawing. • Form 1099-INT (inlerest earned o� paid) �ets ► l 1 1 i 2a • Form 1098-DIV (d�vidends, including thase from stocks or mutual funda) • Form 1 D99-M�SC (various types of incame, prizes, awards, or gross proceeds) • Forrn 1 D99-B {stock ar mutual fund sales and certain other transactioria by brokers� . Form 109S-S (proceeds from real estate transactions) � Fvrm 1 p99-K {merchant Card and third party network transaCtiqnS) • Form 1098 (homa mnrtgage interest), 1 Q98-E (atudent loan intsrest), 1098-T (tuition) • Form 1099-C (canceled debtj ■ Form 1099-A (acquisit�on ar ahantlonment of secured propert}+J Use Form W-9 only if you are a U.S, person (Including a resident alian), to provide your Co►ract TIN. If you do not return Form W-9 to the requester with a T1N, you might be subjeci fo backup withholding. See What is hackup withholdVng, later. cat. No. yo23yx Form W-9 t�sv, tio-2o�e} � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com EDGAR VENDOR CERTI FI CATI ON (2 CFR Part 200 and Appendix I I) 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 Administrative 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 federal 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 each of the items be%w, Vendor should certify Vendor's aqreement and ability to comply, where applicab/e, by having Vendor's authorized representative comp/ete and initial the applicab/e boxes and sign the acknowledgment at the end of this form. /f you fail to complete any item in this form, the Cooperative will consider and may list the I/endor's response on the BuyBoard as "NO, " the 1/endor is unable or unwillinq 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 cance/ any purchase order under this Contract at any time, with or without cause, by prouidinq seven (7) business days aduance written notice to the l/endor, lf this Aqreement is terminated in accordance with this Paraqraph, the Cooperative mem,ber shall on/y ,be required to pay l/endor for goods or seruices de/ivered to the Cooperative mem,ber prior to the termination and not otherwise returned in accordance with Vendor's return ,no/icy. lf the Coo,nerative mem,ber has paid l/endor for goods or seruices not yet prouided as of the date ot termination, l/endor shall immediately refund such ,nayment(s). 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. Proposal Forms COMM/SVCS v.06.14.2018 � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.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 FR 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 Labor." 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 aqrees 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"). I n 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. I n addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned 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 (29 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 3704 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 available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to I nventions Made Under a Contract or Agreement: If the Cooperative member's 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 I nventions 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 COMM/SVCS v.06.14.2018 � Bvard� Caoperarive Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.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. 8. 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 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. 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 authoriry 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 file the required certification. 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 applicable, 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 CFR 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 quantiry 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. 11. 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 COMM/SVCS v.06.14.2018 Comm FIT `� STRONG Buyboard Assignment Agreement Questionnaire 1. Current vendor name: Comm-Fit Holdings, LLC 2. Name and number of contract awarded: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories, Proposal No. 583-19 3. States in which vendor is authorized to sell awarded products: All States 4. Products or services vendor seeks to assign and whether vendor is the manufacturer or dealer of such product or services: All Products — Dealer 5. Detailed explanation of reasons for assignment/vendor name change (was the company purchased by another vendor, etc.): Comm-Fit's family of services were segmented under individual EINs. There was a sale and consolidation of two companies. 6. New vendor name and address, contact name, phone, fax, and email and whether assignee is an authorized dealer of such products/services: Comm-Fit Holdings LLC 4651 Sunbelt Dr, Addison, TX 75001 972-620-7788 (o) 972-620-7798 (f) Stefani Shultz, stefani@comm-fit.com All vendor contracts and dealer rights remain intact and valid; Comm-Fit is an authorized dealer of such products and services 7. Projected effective date of vendor name change: September 3, 2019 8. Who will be responsible for the outstanding service fee of $1,221.85? Comm-Fit Holdings, LLC Please submit invoices to ap@comm-fit.com for payment processing. 9. Please provide a current W-9 for the vendor this contract will be assigned to: Enclosed 10. Provide copies of the signed proof of sale/merger documents: Enclosed, Bill of Sale. Comm-Fit Holdings, LLC � 4651 Sunbelt Drive, Addison, TX 75001 �(P) 972-620-7788 �(F) 972-620-7798 � www.comm-fit.com Form �� V (Rev. October 2018} Department of the Treasury Internak Revenue Service Request for Taxpayer ldentification Number and Certification ► Go to www.irs.gov/FormW9 for insfructians and the latest information. Give Form to the requester. Do not sencf to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line biank. Comm-Fit HoEdings LLC � dus+ness name/tlisregartletl entity name, if tlitterent trom above r� a� ro Q c 0 N N L C O � v 02 •+ YJ C a o � ,v GI Q N m � � 3 Check app�apriate box tor federal tax classiiication of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes app9y only to following seven �oxes. ceriain entities, not indl�Vduais; see instructions on page 3}: ❑ IndividuaVsole propriator or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single-member LLC Exampt payee code (if any) ❑✓ Limited liability company. Enier the tax classification (C=C corporation, S=S corporation, P=Partnership} ► p Nbte: Check the appropriate box in the line above for the tax classification of tha single-membe� owner. IIo not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member L�C that is disregarded trom the owner unless the owner of the LLC is code (if any) another LLG that is not disregarded lrom the owner for U.S. federe} tax purposes. Otherwise, a single-member LLC that is disregaided from tha owner should check the appropriate box ior the tax classification of iis owner. J Other (see knstructions) � Address (nurnber, street, and apt. or suite no.) See instructions. 4651 5unbelt brive 6 City, state, and ZIP code Addison, TX 75001 7 List account number(s) here (optionai) ler ldentification Number j Enter your TIN in the appropriaie box. The TIN provicted must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (S5N). However, for a resident alien, sole proprietor, or disregarded entity, see the instruct'sons for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a T1N, fater. Note: If the account is in more than one name, see the instructions far fine 7. Also see 1Nhaf Nama and Number To Give the Requester for guidelines on whose number to enter. Social securitv number � �m —� or Employer ident3ficatlon number �DO��0000� 4Jnder penalties vf per�ury, I certi#y that: 1. The number shown on this form is my correct taxpayer identification r�umber (or k am waiting for a number to be issued to me); anc! 2. I am not subject to backup withholding because: (a) I arr� exerr�pt from backup withholding, or (b) I ha�e not been notified by the Internak Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or div'rdends, or (c} the IRS has notified me that I am no longer subject tp backup withholding; and 3. i arn a lf.S. citizen or other U.S. person (defined bekow); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is carrect. Certifioation instruotions. You must cross out '�tem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on yaur tax reiurn, For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, canceElation o# debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not requirec�to sign 1he certification, but you must provide your correct TiN. 5ee the instructions for Part EI, fater. •"J" Signature of Here U.S. person ► General Ins#ructions Section references are to the Intemal Rever�ue Code unless otherwise noted. Future de�elopments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted aker they were pubiished, go to www.irs.govlFormW9. Purpose of Form An individua{ or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which rr�ay be your socia� security number (SSN), individual taxpayer identification number (fTIN), ado�tion taxpaye� identification number (ATlN), or employer identiiication number (EIN), to report on an information return the amount paid to you, or other amount reportable on an informatiorr return. Examples of informa?ion returns include, but are nvt limited to, the fallowing. • Form 1099-INT (interest earned or paid) (Applies to account5 mainteined outSiUe the U.S.J Requester's name and address (optionag Date► ��'� I� • Form 1099-DIV (dividends, incl�ding those irom stocks or mutual funds) • Form 1099-M15C (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers} • Form 1099-S (proceeds frorr� real estate transactions) � Form 1099-K {rr�erchant card and third party network transactiqns) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled deat) • Form 1099-A (acquisition or abandonment of secured properryj Use Form W-9 only if you are a U.S. person (including a res'Edent alien7, to provide your correct T�N. �t you do not refurn Form W-9 fo ihe requesier with a T1N, you might be subjeci to backup withholding. See What is loackup withholding, later. Cat. No. 10231X Form {iy-g (iiev. 10-2018) BILL OF SALE l. Sale and Transfer of Assets. For good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, and as contemplated by Section 2.01 of that certain Asset Purchase Agreement effective as of September 1, 2019 (the "Purchase Agreement") by and among Comm-Fit, L.P. a Texas limited partnership, and Comm-Fit Service LLC, a Texas limited liability company (each a"Seller" and, together, the "Sellers"), Jeff Levitt, Mark Smith, and Bushtik, LLC, a Texas limited liability company ("Owners") and Comm-Fit Holdings LLC, a Texas limited liability company ("Buyer"), the undersigned Sellers hereby sell, transfer, assign, convey, grant and deliver to Buyer, effective as of 12:01 a.m. (Central Daylight Time) on September 1, 2019 (the "Effective Time"), all of Sellers' right, title and interest in and to all of its rights, properties, contracts and other assets of every kind, chaxacter and description, whether tangible or intangible, real, personal or mixed, accrued, contingent or otherwise, and wherever located, subject to Permitted Encumbrances, except for the Excluded Assets, all as defined in Sections 2.02 and 3.10 of the Purchase Agreement (the "Purchased Assets"). 2. Further Actions. The undersigned Sellers covenant and agree to warrant and defend the sale, transfer, assignment, conveyance, grant and delivery of the Purchased Assets hereby made against all persons whomsoever, to take all steps reasonably necessary to establish the record of Buyer's title to the Purchased Assets and, at the request of Buyer, to execute and deliver further instruments of transfer and assignment and take such other action as Buyer may reasonably request to more effectively transfer and assign to and vest in Buyer each of the Purchased Assets. 3. Power of Attornev. Without limiting Section 2 hereof, the undersigned Sellers hereby constitute and appoint Buyer the true and lawful agent and attorney in fact of Sellers, with full power of substitution and resubstitution, in whole or in part, in the name and stead of Sellers but on behalf and for the benefit of Buyer and its successors and assigns, solely in connection with Buyer's acquisition, control and disposition of the Purchased Assets, as set forth below: (a) to demand, receive and collect any and all of the Purchased Assets and to give receipts and releases for and with respect to the same, or any part thereof; (b) to institute and prosecute, in the name of Sellers or otherwise, any and all proceedings at law, in equity or otherwise, that Buyer or its successors and assigns may deem proper in order to collect or reduce to possession any of the Purchased Assets and in order to collect or enforce any claim or right of any kind hereby assigned or transferred, or intended so to be; and (c) to do all things legally permissible, required or reasonably deemed by Buyer to be required to recover and collect the Purchased Assets and to use Sellers' names in such manner as Buyer may reasonably deem necessary for the collection and recovery of same, Sellers hereby declaring that the foregoing powers are coupled with an interest and are and shall be irrevocable by Sellers. 4. Terms of the Purchase A�reement. The terms of the Purchase Agreement, including but not limited to Sellers' representations, warranties, covenants, agreements and indemnities relating to the Purchased Assets, are incorporated herein by this reference. Sellers and Buyer acknowledge and agree that the representations, warranties, covenants, agreements and indemnities contained in the Purchase Agreement shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein. In the event of any conflict or inconsistency between the terms of the Purchase Agreement and the terms hereof, the terms of the Purchase Agreement shall govern. 5. Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth in the Purchase Agreement. 6. Go�erning Law. This Bill of Sale shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the State of Texas. 7. Successors a�id Assi�ns. This Bill of Sale sha11 be binding upon Sellers and their successors and permitted assigns. Sellers shall not assign their obligations hereunder without the prior written consent of Buyer. [remainder of page intentionally left blank] 2 IN WITNESS WHEREOF, Sellers have executed this Bili of Sale effective as of September 1, 2019. COMM-FIT, L.P. By: Bushtik, LLC, its General Partner By: ] COMM-FIT SERVICE LLC By: Comin-Fi LP, its Ma�zaging Me�nUer By: Bushtik, �, its General Partner By: Name: Je Title: M Member [Signature �'age to BiII of Sale] 4811-1326-5308, v. 1 3 � Board� Cooperative Purchasing P. 0. Box 400 Austin, TX 78767-0400 80U.695.2919 / 512.467.0222 � fax: 800.211.5454 buybvard. com February 6, 2019 Sent Via Email: stefani@comm-fit.com Stefani Shultz Comm-Fit LP 4651 Sunbelt Dr. Addison, TX 75001 Welcome to BuyBoard! Re: Notice of The Loca/ Government Purchasing Cooperative Award Proposal Name and Number: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories, Proposal No. 583-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoardO contract based on the above-referenced Proposal. The contract is effective 4/1/2019 through 3/31/2020, 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. 583-19 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 fax the order to the above number 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 *—�— The Loca1 Go vernment Purchasing Cooperative is endorsed by the Texas Association of School Boards, �rM�. ' : Ta�a � a� �� Texas Municipa! League, Texas Assocration of Counties, aad the Texas Association of School Administrators. i� � . I . I • • � ti�t<<,�,:,� s�i,,,,,i Endnrsed by 'N��• fi��,�rd. :1��UL'Id[IJO February 6, 2019 Sent Via Email: stefani@comm-fit.com Stefani Shultz Comm-Fit LP 4651 Sunbelt Dr. Addison, TX 75001 Welcome to BuyBoard! Re: Notice ofNationalPurchasing Cooperative Piggy-BackAward Proposal Name and Number: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories, Proposal No. 583-19 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoardO contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 4/1/2019 through 3/31/2020, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buvboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within Buy6oard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number 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 National Cooperative, 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 I� � �� P.O. Box 40Q, Austin, Texas 78767-0400 800.695.2919 • buyboard.com � � Board� Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com PROPOSER'S AGREEMENT AND SIGNATURE Prouosal Name: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories Proposal Number: 583-19 Pronosal Due Date/Onening Date and Time: August 30, 2018 at 4:00 PM Location of Proposal Openin4: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Contract Time Period: April 1, 2019 through March 31, 2020 with two (2) possible one-year renewals. Anticipated Coonerative Board Meeting Date: ]anuary 2019 Comm-Fit LP Name of Proposing Company 4651 Sunbelt Dr Street Address Add ison, TX 75001 City, State, Zip 972-620-7788 6/28/2018 Printed Name of Authorized Company Official President Telephone Number of Authorized Company Official 972-620-7798 Position or Title of Authorized Company Official 75-2676765 Fax Number of Authorized Company OfFicial Federal ID Number Page 8 of 66 Proposal Forms COMM/SVCS v.06.14.2018 Jeff Levitt � Board� Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com The proposing company ("you" or "your'� hereby acknowledges and agrees as follows: 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. By 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 part 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), including 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 Requlrements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. 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 9 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board� Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.com VENDOR CONTACT INFORMATION Company: COCYICYI-Flt LP Vendor Contact Name and Mailing Address for Notices: Stefeni ShUltz, 4651 Sunbelt Dr., Addison, TX 75001 Company Website: W�•comm-fit.001'Yl 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: � I will use the internet to receive purchase orders at the following address: E-mail Address: St@falll p�C01'Tll'1'1-fIt.001'Yl Internet Contact: StefaCll ShUItZ Alternate E-mail Address: �eff�COiiliil-fIt.COCTI Alternate Internet Contact: �eff L@Vltt Phone: 469-286-8128 Phone: 972-620-7788 x 1690 ❑ 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. Reauest 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: St@faCll�p COCYICYI-fIt.COCTI Alternate E-mail Address: �eff�COCYICYI-fIt.00111 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: Please choose onlv one (1) of the following options for receipt of invoices and provide the requested information: Page 10 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board � Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.com �■ Service fee invoices and related communications should be provided directly to my company at: Mailing address: 4651 Sunbelt Dr Department: Accounts Payable �;�y: Addison state: TX z�P coae: 75001 �ontact Narr�e: Jil Johllsoll phone: 972'620-7788 Fax: 972-620-7798 e-mail Address:lil@comm-fit.com Alternative E-mail Address: ap@comm-fit.COiil ❑ 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: Fax: E-mail Address: Alternative E-mail Address: Phone: ❑ 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 bi//ing agent or Designated Dea/er(s) to receive and process service fee in voices, in accordance with the Genera/ Terms and Conditions of the Contrac� Vendo� specifca//y acknow/edges and agrees that nothing in that designation sha// re/ieve Vendor of its �esponsibi/ities and ob/igations unde� the Contract inc/uding, but not /imited to, payment of a// service fees under any Contract a warded Vendor, Page 11 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board � Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' 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 (J) one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) ❑■ 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): N�A Details of Conviction(s): N�A 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. Comm-Fit LP Company Name Jeff Levitt Signature� of�i T�orized Company Official Printed Name vv� 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. Comm-Fit LP Company Name Signature orf /��tl�c�jzed Company Official Jeff Levitt Printed Name Page 12 of 66 Proposal Forms COMM/SVCS v.06.19.2018 � Board � Coope�ative Pu�chasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.com RESIDENT/ NONRESIDENT CERTIFICATION 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 principal 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. Please check (�/) one of the followinQ: � I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is 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): Comm-Fit LP Company Name Addison CI�/ 4651 Sunbelt Dr. Address TX 75001 State Zip Code A. Does your resident state require a proposer whose principal 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 % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(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 (i) has its principal place of business in Texas; or (ii) 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 followina: ❑ Yes � No By signature below, I certify that the information in Sections 1(Resident/Non�esident Certification) and 2(�endo� Emp/oyment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Comm-Fit LP Company Name Jeff Levitt Signature qf A��riz�r.t-�ompany Official Printed Name Page 13 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board� Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 � PH: 800-695-2919 � FAX: 800-211-5454 • buvboard.com 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�r Co�E Ch. 227Q} "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'� Co�E §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. Comm-Fit LP Company Name Jeff Levitt Signature q� Au riz ComK�any Official Printed Name NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations 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 Camptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Comm-Fit LP Company Name Jeff Levitt Signature o� Au ri ed Comp�any Official Printed Name Page 14 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board � Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 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"HUB'� is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check (�/? all that appiv: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business (ve#eran 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: � 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. Comm-Fit LP Company Name Jeff Levitt Printed Name Signature of Official Page 15 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board� Goopeiative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 ' PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com 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. ArcMitecture 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 Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.as�x, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement ot� 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. Comm-Fit LP Company Name Jeff Levitt Signatur�e q�fpri�d Connpany Official Printed Name 8/7/2018 Date Page 16 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Baard � Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-Z919 ' FAX: 800-211-5454 • buyboard.com 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 ar 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 (JZone of the following: Deviations presented by vendor have been accepted by BuyBoard. ❑ NO; Deviations ❑■ Yes; Deviations List and fully explain any deviations you are submitting: Connie W Burkett, CTSBS BuyBoard Contract Administrator Certain large items are manufactured to order and will require additional lead time. PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑ Common Carrier ❑ Company Truck � Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: � Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 45 ARO 4. vendor Reference/Quote Number: s. state your return poiicy: Returns are valid within 30 days of purchase. 20% restocking fee on non-custom equipment. 40% restocking fee on special order and customized equipment. 6. Are electronic payments acceptable? �■ Yes ❑ No 7. Are credit card pavments acceptable' �`r'es ❑ No Comm-Fit Company Narne Jeff Levitt Signature of Au�h��d�ompan}r Official Printed Name Page 17 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board� Cooperative Purchasing 12007 Research Boulevard � Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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. N/A Company Name Address City Phone Number Contact Person Company Name Address City Phone Number Contact Person State Zip Fax Number State Zip Fax Number Page 18 of 66 Proposal Forms COMMJSVCS v.06.14.2018 � Board� Cooperative Purchasinq 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 ' FAX: 800-211-5454 • 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 responsibiliry 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 discretion. 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 af your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. N/A Designated Dealer Name Designated Dealer Address City Phone Number Email address Designated Dealer Contact Person Your Company Name State Zip Fax Number Designated Dealer Tax ID Number* (*attach W-9) Signature of Authorized Company Official Page 19 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board � Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-2I1-5454 � 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 ail Texas Coaperative 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 inc/uded in your p�oposal, you must comp/ete and submit a sepa�ate Texas Regiona/ Service Designation form fo� each g�oup of products and c%a�/y indicate the products or services to which the designation app/ies in the space p�ovided at the end of this fo�m, By designating a region o� regions, you are certifying that you are authorized and wi//ing to provide the proposed products and services in those r•egions Designating regions in which you a�e either unab/e or unwi//ing to provide the specified products and services sha// be grounds fo� either �ejection of you� pr�oposa/ o�, if arra�ded, te�mination of you� 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. R�� ien�l E�ucation Service Centers ; � . I�16-I i ., � � I __ - . � � . -. -- `17 ., .. 14. � � I . �..— �. ;'�. ,, � '� 19 � -. -� ,. ,- � - � �"-�------- - i �� . 24 I -' �--__._ 0 I-- �--: r - _7. ��,, : ;., _ .� f. "I i-2' -, �' ' 6 • 5 1_3,_ � a _ �. • 4 . .. , 3� - .. ._ - - �"� _ �. .: L�:._ — �_ _ _� Comm-Fi�jI�P Company Na Signature of � Jeff Levi Printed Name iy Official 0 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: ❑ ❑ ❑ 0 a 0 0 ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ R ion 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 Headquarters Edinburg Carpus Christi Victoria Houston Beaumont Huntsville Kilgare Mount Pleasant Wichita Falls Richardson Fort Worth Waco Austi n Abilene San Angelo Amarillo Lubbock Midland EI Paso San Antonia ❑ I will not service members of the Texas Cooperative. Page 20 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board � Conperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 � PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.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: Page 21 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board � 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 p/an to ser►�ice Texas Coope�ative members, be sure that you comp/ete the Texas Regiona/ Service Designation form.) If you serve different states for diffe�ent products or services induded in your proposa/, you must comp/ete and submit a separate State Service Designation fo�m for each group of products and c%ar/y indicate the products or services to which the designation app/ies in the space provided at the end of this fo�m. By designating a state or states, you are ceitifying that you are autho�ized and wi//ing to provide the proposed products and services in those states. Designating states in which you are eithe� unab/e or unwi/Iing to provide the specified products and services sha// be grounds for either r+ejection of your proposa/ or, if awarded, termination of your Contract, Please check (�) ali that ap�: ❑� I will service afl states in the United States. ❑ I will not service all states in the United States. I will service only the states checked below: ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 0 ❑ ❑ 0 0 Alabama Alaska Arizona Arkansas California (Public Contract Code 20118 & 20652) Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana ❑ Nebraska ❑ Nevada ❑ New Hampshire ❑ New Jersey ❑ New Mexico ❑ New York ❑ North Carolina ❑ North Dakota ❑ Ohio ❑ Oklahoma ❑ Oregon ❑ Pennsylvania ❑ Rhode Island ❑ South Carolina ❑ South Dakota ❑ Tennessee ❑ Texas ❑ Utah ❑ Vermont ❑ Virginia ❑ Washington ❑ West Virginia ❑ Wisconsin ❑ Wyoming Page 22 of 66 Proposal Forms COMM�SVCS v.06.14.2018 � Board � Covperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 � PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.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. Comm-Fit LP Company Name Jeff Levitt Signature of u o iz �omp�any 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 23 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Bvard � Coope�ative Pu�chasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 � FAX: 800-211-5454 � buvboard.com NATIONAL PURCHASING COOPERATNE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" 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 foilows: 1. 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") 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-Back Award, the National Cooperative Administrator ("BuyBoard Administrator'� will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated 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 interlineations or changes to this Agreement by Vendor wiil be binding on 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 Form 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-Back Award. Vendor shall remit payment to Nationai 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 provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily 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 oniy 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. Proposal Forms COMM/SVCS v,06.14.2018 Page 24 of 66 � Board � Cvoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 � PH: 84Q-695-2919 ' FAX: 800-211-5454 • buvboard.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 BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Com it LP Name of i or /'l� Signatur of orized (:ompany Official 8/7/2018 Date ��, . � Proposal Invitation Number Jeff Levitt Printed Name of Authorized Company Official Proposal Forms COMM/SVCS v.06.14.2016 Page 25 of 66 � Board � Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com FEDERAL AND STATE/ PURCHASING COOPERATNE bCPERIENCE The Cooperative strives to provide its members with the best 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 during the previous 12-month period or the last fiscal year: $ .(The period of the 12 month period is / ). In the event that a dollar value is not an appropriate 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. 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. .. �. . ��. . ,•� � . . . ��• � •� •• � � ��• . �. 1. Federal General Services Administration � 2. T-PASS (State of Texas) `' � V. 3. U.S. Communities Purchasing Alliance �� I iV 4. National IPA/TCPN � N 5. Houston-Galveston Area Council �HGac) � n I IV 6. National Joint Powers Alliance (NJPA) �� 7. E&I Cooperative � � 8. The Interlocal Purchasing System (TIPS) �/ � �r S 1 9. Other � ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS 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 (%): �-25% Explanation: NO C�Iff@1'@C1C@ Proposed Discount (%): O �J% Page Z6 of 66 Proposal Forms COMM/SVCS v.06.14.2018 � Board � Cnoperat/ve Purchasing iZ007 Research Boulevard ' Austin, Texas 78759-2439 � PH: 8Q0-695-2919 ' FAX: 80Q-211-5454 • buvboard.com 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. Comm-Fit LP ' Company Name Jeff Levitt Signatu�e �Aut�orized (�ompany Official Printed Name Proposal Forms COMM/SVCS v.06.14.2018 Page 27 of 66 � Board � Cnoperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 � FAX: 800-211-5454 • buXboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must suppiy a minimum of five (5) individual governmental entity references. The Cooperative may contact any and aii 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 prices/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/ Entitv Name Contact Phone# Email Address Discount Volume 1 Fort Worth Parks & Rec Sheri Endley sheri.endsley@fortworthtexas.gov 12-25% z City of Richardson Spencer poyle 972-744-4305 spencer.doyle@cor.gov 12-25% 3 City of Irving Patty Danko 0-25°/o 4 Grand Prairie Fire Dept Bill Murphy 972-237-8853 bmurphy@gptx.org 0-25% 5 McKinney Fire Dept Larry Etchererry 972-529-8535 letchererry@mckinneytexas.org 0-25% 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 0 NO ❑ 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. Comm-Fit L Company Name Signature of Aut o� o any Official Jeff Levitt Printed Name Proposal Forms COMMJSVCS v.06.14.2018 Page 28 of 66 � Board� Cooperative Purchas/ng 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 � buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy y�u� ;:�ill use if thQ �ooper�*!.�p ��prt� ?!! �!- part ef ��r Proposal. (Exam�: Exp/c'rN'i how y�trr c��r�,a'��y will initially inform C'ooperdtive m�mbers of your BuyBoard c�ntract, and how you will continue to support the BuyBoard fiar the duradon of the wntract period.) Attach additional pages if necessary. BUYBOARD Contract # is located on all marketing materials including email signatures. BUYBOARD Contract # will be located on all proposals submitted within the school and municipality markets. EBLASTS sent out promoting products or features will contain info on BUYBOARD. BUYBOARD FLYER and marketing displayed at all trade shows. Comm-F�± ! P Company Na Signature of A or ed Coirpany OfFicial Jeff Leu'� Printed Name Proposal Forms COMM/SVCS v.06.14.2018 Page 29 of 66 � Board� Coopersilve Ptrrchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 � PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.com CONFIDENTIAL/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 (J) one of the following: � N�, 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 COMM/SVCS v.06.14.2018 Page 30 of 66 � Board� Caaperative Parchasing 12007 Research Boulevard ' Austin, Texas 78754-2434 • PH: 800-695-2914 � FAX: 80Q-211-5454 • buvboard.com B. Convriaht Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check (�[j one of the following; � N�, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed. J C. Consent to Release Confidential/Proarietarv/Copvri4ht 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 Proaosal Tabulation Notwithstanding anything in this Confidential/Proprietary 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/pricelist 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. �� . .. ,I,�f'!�� Company Official Jeff L� Printed Name 8/7/ 18 Date Proposal Forms COMM/SVCS v.06.14.2018 Page 31 of 66 � Board� Cooperative Parchasing 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 compietely and accurate�y provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: COCTIRI-Flt Lp (List the /eaa/ name of the company seeking to contract with the Cooperative. Do NOT list an a.ssumed name, dba, aka, etc. here. Such info�mation may be provided be%w. If you a�e submitting a joint proposal wi�h anothe� entity to prouide the same propased goods or services, each submitting entity should complete a sepa�ate vendor information form, Separately ope�ating legal business entities, even if affiliated entities, which p�opose to provide goods o� services separately must submit their own P�oposals. J Please check (�) one of the followin� Tvue af Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership X Other If other, identify �Limited Partnership) State of Incorporation (if applicable): TGXBS Federal Employer ldentification Number: 75-2676765 (�endor 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: �Nore.• tfdi�terenr rhan rhe nrame of Proposing Company /isted above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), ifapp/icable, must be attacheo:) Proposal Forms COMM/SVCS v.06.14,2018 Page 32 of 66 Form �� (Rev. November 2017) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Name (as snown on your income COMM-FIT LP 2 Business name/ M m m a 0 ti c ao �v `o �t .. y c .` c a o w .� d a N � � � entity name, it ditterent trom above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): ❑ Individual/sole proprietor or ❑ C Corporation ❑`' S Corporation ❑ Partnership ❑ TrusUestate single-member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other Isee instructionsl► on tnis une; ao not ieave tnis une blank. street, and apt. or suite no.) See instructions. 4651 SUNBELT DR 6 City, state, and ZIP code ADDISON, TX 75001 7 List account number(s) here (optional) (Applies to accounts maintained oufside the U.S.) Requester's name and address (optional) Number Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requestei for guidelines on whose number to enter. `Social security number � _m or Employer identification numl 000��0000� Certification Under penalties of perjury, I certify that: �. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax 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 generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► _ Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legis�ation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (fIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you mighf be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) � Board� Coope�aifve Pu�chasing 12007 Research Boulevard ' Austin, Texas 78759-2439 � PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) 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 Administrative 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 federal 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. Fo� each of the items be%w, Vendor shou/d certify Vendor's agreement and abi/ity to comp/y, where app/icab/e, by having Vendo�'s authorized rep�esentative comp/ete and initia/ the app/icab/e boxes and sign the acknow/edgment at the end of this form, If you fai/ to comp/ete any item in this form, the Cooperative wif/ consider and maylist the Vendor's response on the BuyBoarr/ as "NO, "the Vendor is unabfe or unwi//ing to comp/y. 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, inciuding 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. Z. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,Od0 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cance/ any purchase order under this Contract at any time, with or without cause, by prouiding seven (7) business days aduance written notice to the �endor, If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay �endor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordanre with �endors return policy. If the Cooperative member has paid �endor for goods or services not yet provided as of the date of termination, I/endor shall immediate/y refund such payment(s). 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. Proposal Forms COMM/SVCS v.06.14.2018 Page 33 of 66 � Board � Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 � FAX: 800-211-5454 � buvboard.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 FR 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 Labor." 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 wdol.aov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is cos,d;�tioned 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 (29 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 emp�oyment of mechanics or {aborers, 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 3704 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 materiais or articfes ordinarily available 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 member's 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 COMM/SVCS v.06.14.2016 Page 34 of 66 � Board � Coaperative Purchasing 12007 Research Boulevard ' 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. 8. 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 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. 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 authoriry 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 file the required certification. 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 applicable, 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 anly items designated in guidelines of the Enviranmental Protection Agency (EPA) at 40 CFR 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. li. 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 COMM/SVCS v.06.14.2018 Page 35 of 66 � Bvard � Coopeiafive Puichas/ng 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.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 Certification: YES, I agree or vendor Certiflcation Item No. NQ r rl� NOT a ree nitial � 1. Vendor Violation or Breach of Contract Terms is 2. Termination for Cause or Convenience , �l 3. Equal Employment Opportunity � � 4. Davis-Bacon Act y�s 5. Contract Work Hours and Safety Standards Act � LS 6. Right to Inventions Made Under a Contract or Agreement LS 7. Clean Air Act and Federal Water Pollution Control Act Q� 8. Debarment and Suspension �S 9. Byrd Anti-Lobbying Amendment tS 10. Procurement of Recovered Materials �� 11. Profit as a Separate Element of Price �. S 12. General Compliance and Cooperation with Cooperative Members �S 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. Co -Fit LP Corrp Name Sigra orized Company Official Je itt Printed Name Proposal Forms COMM/SVCS v.06.14.2018 Page 36 of 66 � Board� Caaperative 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'�. Proposer5 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. Comm-Fit LP was established in 1996 and was calfed Fitness Headquarters. The name was changedchanged in August 2005 when the retail division was sold. The company is not for sale at the current time. 2. 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. Comm-Fit has salesperson responsible for the account, 2 full time in-house ersonnel assigned to help on the accounts & 4 full time delivery/installation crew members. 3. 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. 1. Company is well financed but has a$500,000 line of credit available if necessary. 2. Insurance coverage 3. No past or present owner have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years Proposal Forms COMM/SVCS v.06.14,2018 Page 37 of 66 � Board� Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-Z11-5454 � b�board.com 4. 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. N/A 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to compiete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entiry. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. N/A 6. List all litigation or other legal proceedings (including arbitration proceedings), 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), nature of the claim, and resolution or current status, N/A By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Comm- Company Signature bf ,�jffFj�ized Company Official /� Proposal Forms COMM/5VC5 v.06.14.2018 Page 38 of 66 � Board� Cnuperaiive Purchas/ng 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com REOUIRED FORMS CHECKLIST (Please check (�) the following) [� Completed: Proposer's Agreement and Signature [+X Com�leted: Vendor Contact Information � Com I te : Felony Conviction Disclosure and Debarment Certification � C: m I te : Resident/Nonresident Certification � C:om lete : No Israel Boycott Certification Q� (�ompleted: No Excluded Nation or Foreign Terrorist Organization Certification � (Yom�leted: Historically Underutilized Business (HUB) Certification) [� c�ompleted: Construction Related Goods and Services Affirmation [� �Co I t : Deviation/Compliance � �Completed: Location/Authorized Seller Listings [v]� Completed: Manufacturer Dealer Designation [� Co�leted: Texas Regional Service Designation [� Completed: State Service Designation [� Comnleted: National Purchasing Cooperative Vendor Award Agreement [v� Comnleted: Federal and State/Purchasing Cooperative Experience [� Com�leted: Governmental References [f Completed: Marketing Strategy [� Completed: Confidential/Proprietary Information [� Completed: Vendor Business Name with IRS Form W-9 [.]� Com�leted: EDGAR Vendor Certification ['� Com�leted: Proposal Invitation Questionnaire [� Com lete : Required Forms Checklist � Completed: Evaluation Items [j� Com lete : Proposal Specification Form with Catalogs/Pricelists *Qta/o�;/pnir/ists must be A��itted with pa �posal response or respon,se will not be considered. Proposal Forms COMM/SVCS v.06.14.2018 Page 39 of 66 d _ �o c 10 C 67 � j a ,v ` W � � 'O �� N � a a 0 � � ,� c E > (7 C O 'a+ u 7 W � .� L a � Q P'� M � � O z N a � a � � � � � � �D �D ;D � � Z � m m m m m m m m m �° o� � O O O O O O O O O p �N � Z Z Z Z Z Z Z Z Z z W d . �� ~ � � � C � a$ � > o i;:. � �' e �° >�'` > x a o ' '° C y� +' - . � aE : � � a % ° �8 �� d w � ��w� "; Q c s; - N Eaeo � � � y ° a�i � � c � da A �. 71 N � > �'F+ 9 n A °1 E E c � 8� p y ,� o ' U W C 'C E OC � . y . 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Comm-Fit carries a wide array of commercial fitness equipment offerings, including cardio, strength, and fitness center accessories. Unfortunately, our portfolio does not include sports equipment such as footballs, volleyballs, basketballs, helmets, and apparel. We hope our initial submission speaks to the competitiveness of our bid, and are happy to complete an evaluation list of items available within our product catalog. Thank you for your consideration. We look forward to continuing our partnership with the BuyBoard Cooperative. 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S�t'°'w r0 O � � � w � � � • �; a � � � W � (7 G � '� (� � � � � '� n' m �a z c�� a�'c o � d � � =c,7oc¢ c � �- c c � �o ° o ` " �, A= `°a � � �4 � ° � *�'' = vi Q C � � 0 p •� � � � O �� U C Q W d � � �7 � �� °�� c z��cnC7w�w rn N z � i O � < u � U d � � � d � 0 rn a n 0 a � �3 � � � � � 0 � � .� � � a W yj H• O � Q � � a � � � a .� � Board� Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 � PH: 800-695-2919 • FAX: 800-211-5454 • www.buyboard.com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADDENDUM NO. 1 Proposal No. 583-19 Athletic, Physical Education, Gymnasium Supplies and Equipment and Heaw Dutv Exercise Equipment and Related Accessories The following information becomes a permanent part of the Proposal Invitation document. PROPOSALDUEDATE The correct deadline date for this proposal is August 30, 2018, at 4:00 P.M. Please sign and return one copy of the addendum with proposal as verification of receipt and compliance with addendum information. �1 � �. � � Company Name: � s.C,'��?' j�� i' � � �� Address: � � �l� � � � l � I%�� l� � � � ��' r I �' - ��`�; �. � /- �� , � , �, � _ - , Signature of Authorized Company Official: , �.. . Title: � �� ,i? j-- j �" , � i ; Q �;i �., / ✓ , �� Telephone Number: � � 1�;�� ` �. �� Date: � � � COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST OTHER COMMERCIAL GRADE HEAVY ABS COMPANY DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% OTHER COMMERCIAL GRADE HEAVY ACCUCODE DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 5.00% ADVANTAGE FITNESS PRODUCTS - OTHER COMMERCIAL GRADE HEAVY DUTY EXERCISE EQUIPMENT AND GYM RAX 16 ACCESSORIES 5.00% ADVANTAGE FITNESS PRODUCTS - OTHER COMMERCIAL GRADE HEAVY DYNAMAX DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 5.00% OTHER COMMERCIAL GRADE HEAVY AEROMAT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 5.00% OTHER COMMERCIAL GRADE HEAVY ALVAS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY BROADCAST VISION DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 10.00% OTHER COMMERCIAL GRADE HEAVY CLEANING STATION DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 7.50% CONCEPT 2 COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 0.00% OTHER COMMERCIAL GRADE HEAVY CORE ENERGY—ANCHOR GYM DUTY EXERCISE EQUIPMENTAND 16 ACCESSORIES 20.00% CYBEX 7 COMMERCIAL GRADE TREADMILLS 25.00% COMMERCIAL GRADE EXERCISE CYBEX 8 BICYCLES/ROWERS/UBEs 25.00% CYBEX - ICG CYCLING BIKE OPTIONS COMMERCIAL GRADE EXERCISE AND TRAINING 8 BICYCLES/ROWERS/UBEs 0.00% COMMERCIAL GRADE ELLIPTICAL CYBEX 9 CROSS-TRAINERS 25.00% OTHER COMMERCIAL GRADE HEAVY DUTY EXERCISE EQUIPMENT AND CYBEX - STRUCTURE 16 ACCESSORIES 10.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 1/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE FREE CYBEX - STRUCTURE 14 WEIGHTS 10.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX-FUNCTIONALTRAINERS 11 EQUIPMENT 15.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - EAGLE NX 11 EQUIPMENT 15.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - POWER PLAY 11 EQUIPMENT 12.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - MG-525 MULTI-STATION 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE CYBEX - PLATE LOADED & FREE LOADED STRENGTH TRAINING WEIGHTS 13 EQUIPMENT 10.00% CYBEX - PLATE LOADED & FREE COMMERCIAL GRADE FREE WEIGHTS 14 WEIGHTS 10.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - PRESTIGE 11 EQUIPMENT 20.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - PRESTIGE TOTAL ACCESS 11 EQUIPMENT 20.00% COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING CYBEX - VR1 11 EQUIPMENT 20.00% OTHER COMMERCIAL GRADE HEAVY DETECTO DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% COMMERCIAL GRADE PLATE HOIST - STRENGTH LOADED STRENGTH TRAINING 13 EQUIPMENT 20.00% HOIST - FREE WEIGHTS COMMERCIAL GRADE FREE 14 WEIGHTS 20.00% HOIST - CMJ COMMERCIAL MULTI- COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING JUNGLE PRODUCTS 11 EQUIPMENT 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 2/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST HOIST - COMMERCIAL SELECTORIZED COMMERCIAL GRADE PRODUCTS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE HOIST - KL LINE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% HOIST - LEMOND SPIN BIKES COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 20.00% COMMERCIAL GRADE PLATE HOIST - Mi Series LOADED STRENGTH TRAINING 13 EQUIPMENT 25.00% COMMERCIAL GRADE FREE HOIST - Mi Series 14 WEIGHTS 25.00% COMMERCIAL GRADE HOIST - MOTION CAGE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE HOIST - ROC-IT PLATE LOADED LOADED STRENGTH TRAINING 13 EQUIPMENT 18.00% COMMERCIAL GRADE HOIST - ROC-IT SELECTORIZED SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE HOIST - V SELECT GYMS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE INFLIGHT SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE INFLIGHT LOADED STRENGTH TRAINING 13 EQUIPMENT 12.50% INFLIGHT COMMERCIAL GRADE FREE 14 WEIGHTS 12.50% COMMERCIAL GRADE INFLIGHT - LIBERATOR SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% INTENZA 7 COMMERCIAL GRADE TREADMILLS 25.00% COMMERCIAL GRADE EXERCISE INTENZA g BICYCLES/ROWERS/UBEs 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 3/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST INTENZA COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 25.00% INTENZA COMMERCIAL GRADE STAIR 10 CLIMBERS 25.00% INTERACTIVE FITNESS HOLDINGS COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% OTHER COMMERCIAL GRADE HEAVY INTERACTIVE FITNESS HOLDINGS - ACCESSORIES DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% INTERACTIVE FITNESS HOLDINGS - OTHER COMMERCIAL GRADE HEAVY EXPRESSO LIVE DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 20.00% JACOBS LADDER COMMERCIAL GRADE STAIR 10 CLIMBERS 0.00% KAYAK PRO COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 0.00% COMMERCIAL GRADE LEGEND SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 5.00% COMMERCIAL GRADE PLATE LEGEND LOADED STRENGTH TRAINING 13 EQUIPMENT 5.00% COMMERCIAL GRADE LEGEND - MAG SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 0.00% COMMERCIAL GRADE PLATE LEGEND - MAG LOADED STRENGTH TRAINING 13 EQUIPMENT 0.00% COMMERCIAL GRADE LEGEND - WESTSIDE BARBELL SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 0.00% COMMERCIAL GRADE PLATE LEGEND - WESTSIDE BARBELL LOADED STRENGTH TRAINING 13 EQUIPMENT 0.00% OTHER COMMERCIAL GRADE HEAVY LIFESPAN DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% OTHER COMMERCIAL GRADE HEAVY MARPO KINETICS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 7.50% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 4/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST OTHER COMMERCIAL GRADE HEAVY MYE ENTERTAINMENT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 15.00% OCTANE COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 25.00% OTHER COMMERCIAL GRADE HEAVY POWER SYSTEMS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% COMMERCIAL GRADE PROELITE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 17.50% COMMERCIAL GRADE PLATE PROELITE LOADED STRENGTH TRAINING 13 EQUIPMENT 17.50% PROELITE COMMERCIAL GRADE FREE 14 WEIGHTS 17.50% SCHWINN COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% SPORTSART 7 COMMERCIAL GRADE TREADMILLS 25.00% SPORTSART COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% SPORTSART COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 25.00% SPORTSART COMMERCIAL GRADE STAIR 10 CLIMBERS 25.00% OTHER COMMERCIAL GRADE HEAVY SPRI DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 22.00% COMMERCIAL GRADE EXERCISE STAGES g BICYCLES/ROWERS/UBEs 20.00% STAGES - PROGRAMMING UPGRADE, COMMERCIAL GRADE EXERCISE LISCENSING 8 BICYCLES/ROWERS/UBEs 0.00% STAIRMASTER COMMERCIAL GRADE STAIR 10 CLIMBERS 25.00% OTHER COMMERCIAL GRADE HEAVY TAG DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 22.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM -ACCESSORIES DUTY EXERCISE EQUIPMENTAND 16 ACCESSORIES 8.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 5/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE TECHNOGYM - EASY LINE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% TECHNOGYM - ELEMENT BENCHES COMMERCIAL GRADE FREE 14 WEIGHTS 20.00% COMMERCIAL GRADE TECHNOGYM - ELEMENT STRENGTH SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - ELEMENT STRENGTH COMPUTERIZED STRENGTH 12 TRAINING EQUIPMENT 20.00% TECHNOGYM - EXCITE CARDIO � COMMERCIAL GRADE TREADMILLS 20.00% COMMERCIAL GRADE EXERCISE TECHNOGYM - EXCITE CARDIO g BICYCLES/ROWERS/UBEs 20.00% TECHNOGYM - EXCITE CARDIO COMMERCIAL GRADE ELLIPTICAL 9 CROSS-TRAINERS 20.00% TECHNOGYM - EXCITE CARDIO COMMERCIAL GRADE STAIR 10 CLIMBERS 20.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM - FLEXIBILITY DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 20.00% COMMERCIAL GRADE TECHNOGYM - KINESIS ONE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - KINESIS STATIONS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - OMNIA SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% TECHNOGYM - PERSONAL HOME LINE 7 COMMERCIAL GRADE TREADMILLS 8.00% TECHNOGYM - PERSONAL HOME COMMERCIAL GRADE EXERCISE LINE 8 BICYCLES/ROWERS/UBEs 8.00% TECHNOGYM - PERSONAL HOME COMMERCIAL GRADE ELLIPTICAL LINE 9 CROSS-TRAINERS 8.00% TECHNOGYM - PERSONAL HOME COMMERCIAL GRADE SELECTORIZED STRENGTH TRAINING LINE 11 EQUIPMENT 8.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 6/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE TECHNOGYM - PLURIMA SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE PLATE TECHNOGYM - PURE STRENGTH LOADED STRENGTH TRAINING 13 EQUIPMENT 20.00% TECHNOGYM - PURE STRENGTH COMMERCIAL GRADE FREE 14 WEIGHTS 20.00% TECHNOGYM - PURE STRENGTH COMMERCIAL GRADE PLATE BENCHES AND RACKS LOADED STRENGTH TRAINING 13 EQUIPMENT 20.00% TECHNOGYM - PURE STRENGTH COMMERCIAL GRADE FREE BENCHES AND RACKS 14 WEIGHTS 20.00% COMMERCIAL GRADE TECHNOGYM - SELECTION STRENGTH SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 20.00% COMMERCIAL GRADE TECHNOGYM - SELECTION STRENGTH COMPUTERIZED STRENGTH 12 TRAINING EQUIPMENT 20.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM - TRAINING DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY TECHNOGYM - WELLNESS TOOLS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 7.50% OTHER COMMERCIAL GRADE HEAVY TKO DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 23.00% COMMERCIAL GRADE TORQUE SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% OTHER COMMERCIAL GRADE HEAVY TROY BARBELL/USA SPORTS DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 25.00% TRUE 7 COMMERCIAL GRADE TREADMILLS 25.00% TRUE COMMERCIAL GRADE EXERCISE 8 BICYCLES/ROWERS/UBEs 25.00% COMMERCIAL GRADE ELLIPTICAL TRUE 9 CROSS-TRAINERS 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 7/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 COMM-FIT PRICE LIST BUYBOARD PROPOSAL NO. 583-19 ATHLETIC, PE, AND GYMNASIUM EQUIPMENT AND SUPPLIES AND HEAVY DUTY EXERCISE EQUIPMENT STATE PERCENT (%) OF DISCOUNT (%) OFF DISCOUNT OFF MANUFACTURER ITEM NO. CATALOG/PRICELIST FOR: CATALOG/PRICE LIST COMMERCIAL GRADE TRUE - FORCE SERIES SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE TRUE - PARAMONT STRENGTH SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 23.00% OTHER COMMERCIAL GRADE HEAVY TRUE - STRETCH DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 23.00% OTHER COMMERCIAL GRADE HEAVY UNIFIED FITNESS GROUP DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 20.00% VICORE FITNESS OTHER COMMERCIAL GRADE HEAVY WELLBEATS - CONTENT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY WELLBEATS - ENHANCED CONTENT DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% OTHER COMMERCIAL GRADE HEAVY WELLBEATS - HARDWARE PACKAGES DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 12.50% OTHER COMMERCIAL GRADE HEAVY WELLBEATS - HARDWARE UPGRADES DUTY EXERCISE EQUIPMENT AND 16 ACCESSORIES 0.00% COMMERCIAL GRADE WRIGHT FITNESS SELECTORIZED STRENGTH TRAINING 11 EQUIPMENT 25.00% COMMERCIAL GRADE PLATE WRIGHT FITNESS LOADED STRENGTH TRAINING 13 EQUIPMENT 25.00% COMMERCIAL GRADE FREE WRIGHT FITNESS 14 WEIGHTS 25.00% �omm F17 4651 SUNBELT DR., ADDISON, TX 75001 PAGE 8/8 WWW.COMM-FIT.COM �� STR�NG UPDATED 8/8/18 DocuSign Envelope ID: EBA7CCD2-100B-44DF-96B1-OACB19C1D1E8 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. OFFICEUSEONLY 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. Comm-FIT Holdings LLC 2 ❑ Check this box if you are filing 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. NONE 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 B for each employment or business relationship described. Attach additional pages to this Form CIQ 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 � No 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 � No 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 as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 DocuSigned by: -r�,,�,1, C'�,ai,a�, „i„ EXEC VP & CFO 4/14/2021 � 1/�1pI � �1/�I�/N/\i ��Fd�ta��4fl��tdor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 DocuSign Envelope ID: EBA7CCD2-100B-44DF-96B1-OACB19C1D1E8 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND F�RT_� H DATE CODE: 5/14/2019 REFERENCE NO.. P TYPE: **P-12326 LOG NAME CONSENT PUBLIC HEARING: 13PATHLETIC, PHYSICAL EDUCATION, GYMNASIUM SUPPLIES CC PARD NO SUBJECT: Authorize Agreements with the Listed Vendors for Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories and Services, Using a Cooperative Contract for City Departments in the Combined Annual Amount Up to $1,000,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize Agreements with the vendors listed below for athletic, physical education, gymnasium supplies and equipment and heavy duty exercise equipment and related accessories, and services using Texas Association of School Boards BuyBoard Contract No. 583-19 for City Departments in an annual amount up to $1,000,000.00. DISCUSSION: City Departments will utilize the Agreements to purchase commercial exercise equipment, athletic supplies, gym supplies, which includes score and video boards, athletic clothing, related repair parts and services at several City facilities. The equipment is primarily used by citizens at City Community Centers and by public safety employees. Staff's recommended vendor list includes multiple vendors offering a variety of products offered through TASB Contract No. 583-19. Recommended vendors and award amounts are below: Vendor Award Amount Daktronics, Inc $360,000.00 Comm-Fit LP $400,000.00 Fit Supply LLC $100,000.00 Nevco Inc $10,000.00 BSN Sports LLC $95,000.00 S&S Worldwide, Inc. $35,000.00 COOPERATIVE PURCHASE - The Purchasing Division will use TASB Contract No. 583-19 to acquire commercial exercise equipment, athletic supplies, gym supplies, which includes score and video boards, athletic clothing, related repair parts and services. 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. TASB 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. http://apps.cfwnet.org/council�acket/mc review.asp?ID=26893&councildate=5/14/2019 5/15/2019 M&C Review Page 2 of 2 AGREEMENT TERMS - Upon City Council approval, this Agreement will begin on May 8, 2019 and end March 31, 2020. RENEWAL OPTIONS - The TASB Agreement may be renewed at the City's option for two additional one-year term if TASB 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. Staff anticipates that the costs for renewal years shall remain approximately the same as the first year. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budgets, as appropriated, of the participating departments and that prior to an expenditure being made, the department has the responsibility to validate the availability of funds. BQN\583-19\CC TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Fund Department I Account Project ID ID Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Form 1295 Redacted. Program � Activity Budget Year Susan Alanis (8180) Kevin Gunn (2015) Reference # � Amount (Chartfield 2� _ Cynthia Garcia (8525) Cristina Camarillo (8355) http://apps.cfwnet.org/council�acket/mc review.asp?ID=26893&councildate=5/14/2019 5/15/2019