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HomeMy WebLinkAboutContract 56251 FORT WORTH CSC No. 56251 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement("Agreement")is entered into by and between SOUTHWEST TEXAS EQUIPMENT DISTRIBUTORS, INC D/B/A MISSION RESTAURANT SUPPLY COMPANY ("Vendor") and the City of Fort Worth, ("City"),a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A—City's Terms and Conditions; 3. Exhibit B — Seller's Quote, Scope of Services or Purchase Order(See BuyBoard contract); 4. Exhibit C —BuyBoard Contract 598-19 ("Cooperative Contract") and 5. Exhibit D—Conflict of Interest Questionnaire. Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. In the event of a conflict between Exhibit A — City's Terms and Conditions and Exhibit C — [Cooperative Agency Contract], then Exhibit A — City's Terms and Conditions shall control, but only to the extent allowable under the [Cooperative Agency Contract]. City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be no more than ONE HUNDRED THOUSAND Dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be for one year beginning on August 16, 2021 and ending on November 30, 2021 City shall be able to renew this agreement for (1) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Southwest Texas Equipment Distributors, Inc Attn: Deputy City Manager 200 Texas Street Attn: Jack Lewis, President Fort Worth, TX 76102-6314 P.O. Box 10310 Facsimile: (817) 392-8654 San Antonio, TX 78210 With copy to Fort Worth City Attorney's Office at same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: D CONTRACT COMPLIANCE MANAGER: Jesus J. Chapa Digitally signed by Jesus J.Chapa By signing I acknowledge that I am the person Date . . - By: t 20210831 15:40:5405'00' responsible for the monitoring and administration Name: Jay Chapa of this contract,including ensuring all performance Title: Deputy City Manager and reporting requirements. Date: 08/31/2021 APPROVAL RECOMMENDED: By: Name: Cynthia Serrano Title: Acting Assistant Director, Public Events Department By: APPROVED AS TO FORM AND LEGALITY: Name: Michael E Crum Title: Director Public Events Department 4,ddnnn Digitally signed by Tyler Wallach a B T ler Wallach Date:2021.08.3115:26:22 ATTEST: X F°FORY'4 a y: y -05,00, p` °° ° 01 Name: Tyler Wallach h0 ° 0.vg Title: Assistant City Attorney 0 ° 0 o d °00 " CONTRACT AUTHORIZATION: By: aona a.eon a es(sep i.zou 11:11 11T) a 0000 b Name: Ron Gonzales ����nEaps�pp M&C: n/a Title: City Secretary VENDOR: SOUTHWEST TEXAS EQUIPMENT DISTRIBUTORS,INC.,D/B/A MISSION RESTAURANT SUPPLY COMPANY, a Texas Corporation By: .� OFFICIAL RECORD Name: Jac Leivis Title: CEO CITY SECRETARY Date: g/2-7/ FT. WORTH, TX Exhibit A 1. Termination. 1.1. Convenience.Either the City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 1.2. Breach. If either party commits a material breach of this Agreement, the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. 1.3. Fiscal Funding Out.In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder,the City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 1.4. Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,the City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide the City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City. 2. Disclosure of Conflicts and Confidential Information. 2.1. Disclosure of Conflicts.Vendor hereby warrants to the City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to the City in writing. 2.2. Confidential Information. The City acknowledges that Vendor may use products, materials, or methodologies proprietary to Vendor. The City agrees that Vendor's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the City. 2.3. Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, Coop Purchase Agreement—Fort Worth Terms and Conditions Page 1 of 11 City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure.A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 2.4. Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City Information in any way.Vendor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised,in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 3. Right to Audit. 3.1. Vendor agrees that the City shall,until the expiration of three (3)years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Vendor involving transactions relating to this Agreement at no additional cost to the City.Vendor agrees that the City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Vendor not less than 10 days written notice of any intended audits. 3.2. Vendor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall,until expiration of three(3) years after final payment of the subcontract,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.City shall give subcontractor not less than 10 days written notice of any intended audits. 4. Independent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent,representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors.Vendor acknowledges that the doctrine of respondeat superior shall not apply as between the City,its officers,agents, servants and employees, and Vendor,its officers,agents,employees, servants, contractors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees or subcontractors of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractors of Vendor shall be entitled to any employment benefits from the City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents, servants,employees or subcontractors. 5. LIABILITY AND INDEMNIFICATION. 5.1. LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR Coop Purchase Agreement—Fort Worth Terms and Conditions Page 2 of 11 ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY HIND OR CHARACTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 5.2. INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO BUSINESS, AND ANY RESULTING LOST PROFITS), PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES. 5.3. INTELLECTUAL PROPERTY INFRINGEMENT. 5.3.1. The Vendor warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software,analyses,applications,methods,ways,and processes(in this Section 8C each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent,copyrights,trademarks,service marks,trade secrets, or any intellectual property rights or other third party proprietary rights,in the performance of services under this Agreement. 5.3.2. Vendor shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s)in the course of performance or completion of,or in anyway connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 5.3.3. Vendor agrees to indemnify, defend, settle,or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s).So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and Coop Purchase Agreement—Fort Worth Terms and Conditions Page 3 of 12 all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing,the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof,is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or(c)replace the Deliverable(s)with equally suitable,compatible,and functionally equivalent non-infringing Deliverable(s)at no additional charge to City; or(d)if none of the foregoing alternatives is reasonably available to Vendor,terminate this Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE AND AMOUNTS SET FORTH IN SECTION 10 OF THIS AGREEMENT. 6. Assignment and Subcontracting. 6.1. Vendor shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.The Vendor and assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract,the subcontractor shall execute a written agreement with the Vendor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Vendor under this Agreement as such duties and obligations may apply.The Vendor shall provide the City with a fully executed copy of any such subcontract. 7. Insurance. 7.1. The Vendor shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: 7.1.1. Commercial General Liability: 7.1.1.1. Combined limit of not less than $2,000,000 per occurrence; $4,000,000 aggregate;or 7.1.1.2. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000. Umbrella policy shall contain a follow-form provision and shall include coverage for personal and advertising injury. 7.1.1.3. Defense costs shall be outside the limits of liability. Coop Purchase Agreement—Fort Worth Terms and Conditions Page 4 of 12 7.1.2. Automobile Liability Insurance covering any vehicle used in providing services under this Agreement, including owned, non-owned, or hired vehicles, with a combined limit of not less than $1,000,000 per occurrence. 7.1.3. Professional Liability (Errors & Omissions) in the amount of$1,000,000 per claim and $1,000,000 aggregate limit. 7.1.4. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute. 7.1.5. Technology Liability(Errors&Omissions) 7.1.5.1. Combined limit of not less than $2,000,000 per occurrence; $4million aggregate or 7.1.5.2. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000. Umbrella policy shall contain a follow-form provision and shall include coverage for personal and advertising injury. The umbrella policy shall cover amounts for any claims not covered by the primary Technology Liability policy.Defense costs shall be outside the limits of liability. 7.1.5.3. Coverage shall include, but not be limited to,the following: 7.1.5.3.1. Failure to prevent unauthorized access; 7.1.5.3.2. Unauthorized disclosure of information; 7.1.5.3.3. Implantation of malicious code or computer virus; 7.1.5.3.4. Fraud, Dishonest or Intentional Acts with final adjudication language; 7.1.5.3.5. Intellectual Property Infringement coverage, specifically including coverage for intellectual property infringement claims and for indemnification and legal defense of any claims of intellectual property infringement, including infringement of patent, copyright, trade mark or trade secret, brought against the City for use of Deliverables, Software or Services provided by Vendor under this Agreement; 7.1.5.3.6. Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, a separate policy specific to Technology E&O, or an umbrella policy that picks up coverage after primary coverage is exhausted.Either is acceptable if coverage meets all other requirements. Technology coverage shall be written to indicate that legal costs and fees are considered outside of the policy limits and shall not erode limits of liability. Any deductible will be the sole responsibility of the Vendor and may not exceed $50,000 Coop Purchase Agreement—Fort Worth Terms and Conditions Page 5 of 12 without the written approval of the City. Coverage shall be claims-made, with a retroactive or prior acts date that is on or before the effective date of this Agreement. Coverage shall be maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance,or a full copy of the policy if requested, shall be submitted to the City to evidence coverage; and 7.1.5.3.7. Any other insurance as reasonably requested by City. 7.2. General Insurance Requirements: 7.2.1. All applicable policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials,agents,and volunteers in respect to the contracted services. 7.2.2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)in favor of the City of Fort Worth. 7.2.3. A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten(10)days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 7.2.4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 7.2.5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 7.2.6. Certificates of Insurance evidencing that the Vendor has obtained all required insurance shall be delivered to and approved by the City's Risk Management Division prior to execution of this Agreement. 8. Compliance with Laws.Ordinances.Rules and Regulations. Vendor agrees to comply with all applicable federal,state and local laws,ordinances,rules and regulations. If the City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 9. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Vendor, its personal representatives, assigns, subcontractors or successors in interest,Vendor agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. Coop Purchase Agreement—Fort Worth Terms and Conditions Page 6 of 12 10. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: TO THE CITY: TO VENDOR: City of Fort Worth Southwest Texas Equipment Distributors,Inc Attn: Deputy City Manager Attn: Jack Lewis,President 200 Texas Street P.O.Box 10310 Fort Worth TX 76102 San Antonio,TX 78210 Facsimile: (817) 392-8654 With Copy to the City Attorney at same address 11. Solicitation of Employ. Neither the City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.This provision shall not apply to an employee who responds to a general solicitation or advertisement of employment by either party. 12. Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 13. No Waiver. The failure of the City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 14. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought on the basis of this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 15. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 16. Force Majeure. The City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure),including,but not limited to,compliance with any government law,ordinance or regulation,acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 17. Headings Not Controlling. Headings and titles used in this Agreement are for reference Coop Purchase Agreement—Fort Worth Terms and Conditions Page 7 of 12 purposes only and shall not be deemed a part of this Agreement. 18. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 19. Amendments. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, and duly executed by an authorized representative of each party. 20. EntiretfAgreement. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference,contains the entire understanding and agreement between the City and Vendor, their assigns and successors in interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute one and the same instrument.An executed Agreement,modification,amendment,or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail,and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 22. Warranty of Services. Vendor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's option,Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or(b) refund the fees paid by the City to Vendor for the nonconforming services. 23. Network Access. 23.1. City Network Access. If Vendor, and/or any of its employees, officers, agents, servants or subcontractors(for purposes of this section"Vendor Personnel"),requires access to the City's computer network in order to provide the services herein,Vendor shall execute and comply a Network Access Agreement. 23.2. Federal Law Enforcement Database Access. If Vendor, or any Vendor Personnel, requires access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System ("FIRS"),Interstate Identification Index System("III System"),National Crime Information Center ('NCIC")of National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications Systems ("TLETS"),that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal justice as defined therein on behalf of the City or the Fort Worth Police Department, under this Agreement, Vendor shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.No changes,modifications,alterations, or amendments shall be made to the Security Addendum. The document must be executed as is, and as approved by the Texas Department of Public Safety and the United States Attorney General. Coop Purchase Agreement—Fort Worth Terms and Conditions Page 8 of 12 24. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City,Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 25. Informal Dispute Resolution. Except in the event of termination pursuant to Section 4.2,if either City or Vendor has a claim,dispute,or other matter in question for breach of duty,obligations,services rendered or any warranty that arises under this Agreement,the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim,dispute,or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both parties shall commence the resolution process and make a good faith effort,either through email,mail,phone conference,in person meetings,or other reasonable means to resolve any claim,dispute,breach or other matter in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute within sixty(60)days of the date of receipt of the notice of the dispute,then the parties may submit the matter to non-binding mediation in Tarrant County,Texas,upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect.The mediator shall be agreed to by the parties.Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation,then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process,the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. 26. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than $100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,City is prohibited from entering 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. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 27. Reporting Requirements. 27.1. For purposes of this section,the words below shall have the following meaning: 27.1.1. Child shall mean a person under the age of 18 years of age. 27.1.2. Child pornography means an image of a child engaging in sexual conduct Coop Purchase Agreement—Fort Worth Terms and Conditions Page 9 of 12 or sexual performance as defined by Section 43.25 of the Texas Penal Code. 27.1.3. Computer means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output,processing,storage,or communication facilities that are connected or related to the device. 27.1.4. Computer technician means an individual who,in the course and scope of employment or business,installs,repairs, or otherwise services a computer for a fee.This shall include installation of software,hardware, and maintenance services. 27.2. Reporting Requirement.If Vendor meets the definition of Computer Technician as defined herein, and while providing services pursuant to this Agreement, views an image on a computer that is or appears to be child pornography,Vendor shall immediately report the discovery of the image to the City and to a local or state law enforcement agency or the Cyber Tip Line at the National Center for Missing and Exploited Children.The report must include the name and address of the owner or person claiming a right to possession of the computer, if known, and as permitted by law. Failure by Vendor to make the report required herein may result in criminal and/or civil penalties. 28. Survival of Provisions. The parties'duties and obligations pursuant to sections related to Duties and Obligations,Disclosure of Conflicts and Confidential Information,Right to Audit,and Liability and Indemnification shall survive termination of this Agreement. Coop Purchase Agreement—Fort Worth Terms and Conditions Page 10 of 12 PFBoard® Exhibits B &C Capperative Purchasing P.O. Box 400 Austin, TX 78767-0400 609.695.2919 / 512.467.0222 / Fax:800.211,5454 buyhoard.com November 6, 2019 Sent Via Email: cathyd@missionrs.com Cathy Drummond Mission Restaurant Supply 1126 S. St. Mary's St. San Antonio,TX 78210 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Food Service Equipment, Supplies and Appliances, Proposal No. 598-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. The contract is effective 12/1/2019 through 11/30/2020, with two possible one-year renewals.The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 598-19 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards, Texas Municipal League, Texas Association of Counties,and the Texas Association of School Administrators. i Bna�d® %National School ..;�•ua";,;car::c:.:;e::,:.: Endorsed by 'NSBA' Boards Association November 6, 2019 Sent Via Email: cathyd@missionrs.com Cathy Drummond Mission Restaurant Supply 1126 S. St. Mary's St. San Antonio,TX 78210 Welcome to BuyBoard! Re: Notice ofNationa/Purchasing Cooperative Piggy-BackAward Proposal Name and Number: Food Service Equipment, Supplies and Appliances, Proposal No. 598-19 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard@ 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 12/1/2019 through 11/30/2020, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.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 BuyBoard 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 6-"" P.O.Box 400,Austin, Texas 78767-0400 800.695.2919•buyboard.com U978oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211.5454 buvboard.cnm PR P ER'S AGREEMENT AND SIGHWAT-URE PC : Food Service Equipment, PrOR001 Clue Qata/9112201ina ®ate and Tlm§,, Supplies and Appliances April 18, 2019 at 4.00 PM Texas Association of School Boards, Inc. BuyBoard Department Proposal N011ka: 598-19 12007 Research Blvd, Austin, TX 78759 AntiG1pAUdCnoneraj1X9,Board Meeting Date: QiLtMct Time Period: December 1, 2019 October 2019 through November 30, 2020 with two (2) possible one-year renewals. 1 -22t:�- Ivi Name of Proposing Company Date 5S�-htq'� S- S reet Address Signature of AuW4rlzed Company Official k,L3�'�o ------ City► State, Zip Printed Name o Authorized Company Official AD S't-) b Q 0 InL J�)-, - Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 11, D - 55vi --...3_ i-3 1 ')L1 A SS q 15 Fax Number of Authorized Company Official Federal ID Number Page 8 of 67 Proposal Forma CAMM]SVCS v.02.11,2019 a178oard Cooperative Parchawing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • b!lvboard.rc�r The proposing company("you"or"your") hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative Information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, Item specifications, and line Items (collectively"Requirements"); 2. 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 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 Information Act request or similar public information law; 5. 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 4 of 67 Proposal Forms CQMM/SVCS v.02,11.2019 &178oard � Gooperatire Purchasing 12007 Research Boulevard Y Austin,Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 buvboard&pm VEN® R CQNTACT INFORNMON Name of Company: 1. fs Vendor Proposal/Contract Contact Name: '�}'11 Vendor Proposal/Contract Contact E-mail Address: Vendor Contact Mailing Address for Proposal/Contract Notices; lV Company Website: t Purchase Qrdgrs: 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: Purchase Order E-mail Address; it-tNF Purchase Order Contact; _ �M Phone�� 'J�` -�� Alternate Purchase Order E-mail Address: J 1 ► . l Alternate Purchase Order Contact; t Phone:t i� -71'`D io` 0 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, "' ; Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address; Alternate RFQ E-mail Address: L r Cz Page SO of 67 Proposal Forms COMMIsVCS v.a2.11,2019 &578oard Cooperatko Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 , FAX: 800-211-5454 bpi y_baard,corn Invoice;t: 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 only one (1) of the following options for receipt of Invoices and provide the requested Information: 2/Service fee Invoices and related communications should be provided directly to my company at: Invoice Mailing address: L 0 Department: City: State: , Zip Code: L) Contact Name: �(; :` � _� ,�'1 _,�Phone: r i J'i AG b 0 Invoice Fax [ L" _ 9� invoice E-mail Address: Alternative Invoice E-mail Address: iJ fylvi i ❑ In lieu of my company, I request and authorize all service fee Invoices to be provided directly to the following billing agent**: Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: _- ... Alternative Billing Agent E-mail Address: ❑ In lieu of my company, I request and authorize service fee Invoices to be provided to the Designated Dealer(s) receiving the purchase order(s) to which the Invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator.** *If Vendor authorizes a bllling agent or Designated Dealer(s) to recelve and process service fee Involces, In accordance with the General Terms and Condit/ons of the Contract, Vendor speciflcally acknowledges and agrees that nothing In that deslgnatlon shall relleve Vendor of Its responsibllltles and obllgatlons under the Contract Including, but not Ilmlted to,payment of all serrvlee fees under any Contract awarded Vendor, Page 11 of 67 Proposal Forms COMM/SVC5 v.02.11,2019 Bawd U U Cooperative Parchassing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH; 800-695-2919 F FAX: 800-211-5454 budbaard.com FELONY CONVIMQN DISCLOSURE AND-QUARMENI-CERTIF19AT19N Fumy CoNvxmgN DYsmosuRE 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 distr€ct 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." Ple sg check (1l) one-of-the foi jwina: Pm y company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) y company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following Indivldual(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, Mt�61 _ Company Nam I� Sign re of thorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described In the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions In SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to Immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions In SAM, or Is debarred, suspended, or otherwise excluded by agencies or declared Ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Company N e Signature o uthorized Company Official Printed Na e Page 12 of 67 Proposal Forms COMM/SVCS v,02.11.2019 PFBoard Couperative Purchasing 12007 Pesearch Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 • bu yb and om 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 chei ck(VI one of the followiDg. certify that my company is a Resident Proposer. Ll 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 Address City State Zip Cade A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident stab is the same as yours by a prescribed amount or percentage to receive a comparable contract? El Yes V No B. What is the prescribed amount or percentage? $ or VENDOR E PLOY ENT 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 (V)one of t ng�the ffolloj�i El Yes M No By signature below, I certify that the information in Sections I (ResidentlNonresident Certification) and 2 (vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Autho zed Company Official Printed Name Page 13 of 67 Proposal Fo rrns COMMfSVCS v.fl2.21.2019 DWBoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 # buybelarMcerrr� NQ ISRAELIQYCOTr rwER1LE1Q&T1QN 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, (Tax. Gov"r Coon Ch, 2270) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, Inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or �. entity doing business In Israel or In an Israeli-controlled territory, but does not Include an action made for ordinary business purposes, Tex, GOV"r CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification Is true, complete and accurate, and that I am authorized by my company to make this certification. Company Name n alAia Signature of Aut rized Company Official Printed Name NO EXCLUDED NA gIN pR FOREIGN TERRORIST gRgANIZZZATQN_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 >3§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization Is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor Is not on the Texas Comptroller's list identified above; that this certification Is true, complete and accurate, and that I am authorized by my company to make this certification, L44Company Name d ��V m Signature of horized Company Official Printed Nam Page 14 of 67 Proposal Forma COMM/SVCS v.02.11.2019 Board U %J Cooperative purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • PAX: 800-211-5454 • buYboard_CQm 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. Tease-check(-V) all that annly: ❑ 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. Co pany Name ( W�. PrI 111 Signature of Auff4rized Company Official Page 15 of 67 Propose)Forms COMM/5VC5 v,02,11.2019 9�77kroard Cooperative Purchasing 12007 Research Boulevard Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 f� and tom CONSTRUMI.ON-RELATE© D AN"ERVICIS A FIRMATI N A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not Include such services. Architecture or engineering services must be procured by a Cooperative member separately, In accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at ,iy -r V _�orLResourma asox, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation, if Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first, `�'I QI Ac Company Name Signature of thorized Company Official Printed Name Date Page 16 of 67 Proposal Fortis COMM MS v.02.11.2614 PVBoard C90POWIVO Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • b a°board.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 or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification: from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check W) one of the following Deviations presented by vendor have been accepted by BuyBoard. ❑ No; Deviations [ Yes; Deviations Connie W Burkett, CTSBO BuyBoard Contract Administrator Dist and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: [�Kcommon Carrier En'tompany Truck Prepaid and Add to Invoice ❑<ither: 2. Payment Terms: I_y"Net 30 days ❑ 1II/o in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery�' 't0 ARC) 4. Vendor Reference/Quote Number: �J �8 5. State your return policy: 6. Are electronic payments acceptable? ��1 es ElNo 7. Are credit card payments acceptable? [_�K5 ❑ No V SJ' 0 , Company(Lme Signature of Autho zed Company Official Printed Nam Page 17 of 67 Proposal Forms C£31✓M.iSVCS v.02.11.2019 DL78oard Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 buvboard.catn L ATE N A TH RIZEd EELLER UETINgS 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. - M. Z' r J ,-w 6)1 p n )I A Company Name 10�- S I si- Address v City State A Zip 14J45� Phone Number Fax Number Contact Person jr Company Name Addr ss V �0 0&0 CI State Zip i L)y -�/ 3- Ef)s- - 6)-v3y Phone Num er Fax Number Contact Person Page 18 of 67 ptWlsal Ftlrms COMM/5VCS v.62.11.2019 &LVBoard Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2-919 r FAX: 800-211-5454 -buvboard.corn 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 farm. Company Name Address City State Zip 5 Phone Nu r Fax Number Contact Person Company Name JU Address 79 City state Zip Phone Number J✓ Fax Number f/ ad C Contact Person Page 15 of 67 Proposal Mum CQMMfSVCS v.02.11,2019 &U,Board er ooperatW a Pa chmiag 12007 Research Boulevard •Austin,Texas 78759-2439 • Pik: 800-695-2919 • FAX. 800-211-5454 •���°board.cor� LOCATIQN 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/autharized seller below. If additional sheets are required, please duplicate this farm as necessary. NOTE. Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company !Name Addy CZ11S City �� s State zip J - �- Phone Number Fax Number Contact Person ompany Name 63, Add r -� I, city state Zip Phone umber Fax Number C©ntact Person Page 18 of 57 Proposal Form COMMISKS v.02.11.2019 &FigoardkJ U � Cooperative Purrkarftg 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX; 800-211-5454 •buyboard.com LOCATIQN AUTHORIZE© SELLER LININGS If you have more than one [Ocation/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. Camp ny_Name J �d f t Ad s Ci State Zip Phone Number Fax Plumber Contact Perso Company Name -% Address city State Zip Phone Number Fax Number Contact person Page 18 of 67 N0006al Farm 00MM SVCr V-02-11-2019 Rln7firoard� Ganperative Purchasing 12007 Research Boulevard ._Austin,Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 kiaboardcom LO ATION AUTH RIZE© SELLER LI TIN If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary, NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company Name Addr JJnn vv "V l) City State Zip 0 - � - -1 � 3 Phone Number Fax Number r\ nuiA D�� Contact P rson Company Name Address City State Zip Phone Number Fax Number Contact Person Page 18 of 67 Proposal Forms COMM/5VC5 v,02,11.2019 Board Gaaperative Purchasing. 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyLoar_d..com MAN FACT RER DEALER-DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers") to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, If Vendor Is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, Including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers In the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in Its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to Immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time In its sole 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 of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name CPO L r (3 Del ated D aler Address } n 449--yat t city State _ Zip Phone Number Fax Number ffiJ&d��, Mi rS, tam /)�t :2,S—a q Email add. ss Designated Dealer Tax ID Number* (*attach W-9) L UA a �A I M.Lj Designated D ler Contact Person Your Company Name Signature—of A rized Com ny Official Page 19 of 67 Proposal Forms COMMISVCS v.02.11.2019 &978oard Gnnperafive Purchasing 12007 Research Boulevard I Austin,Texas 78759-2439 * PH: 800-695-2919 4 FAX: 800-211-5454 •b board_r�rn TEXAs REGIONAL SERVICE DESIGNATION The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you MU8 Indicate the specific regions you will service on this form. 1fyou propose to serve different regions for different products or services Included In your proposal, you must complete and submit a separate Texas Regional Service Des/gnatlon form for each group of products and clearly indicate the products or services to which the deslgnatlon applies In the space provided at the end of this form. By designating a regoon or regions, you are certifying that you are authorlred and w1111ng to provide the proposed products and services In those regions, Deslgnating regions In which you are either unable or unwllling to provide the specified products and services shall be grounds for either rejection of your proposal or, If awarded, term/natlon of your Contract. Additionally, if you do not plan to service Texas Cooperative members (Le., if you will service only states other than Texas), you must so Indicate on this form, Regional Education Service Centers M I will service Texas Cooperative members statewide. - ❑ I will not service Texas G. _ Cooperative members statewide. I will only service members In the regions checked below: Region H adauarters Edinburg �', °.' ' - ay�111 ;� ❑ 2 Corpus Christ[ �. l_ �,. ."."\ f '= ❑ 3 Victoria 1$ »mm "" ❑ 4 Houston „ a y. ` "x I ❑ 5 Beaumont P _ . ��"` ,�., ° ' ❑e �}I 6 Huntsville tra. �y isrh � ❑ 7 Kilgore r . .:� ❑ 8 Mount Pleasant 2 ❑ 9 WichitaI ...J d Is { ��l W11-JAY F ,� ❑ 10 Richardson ,.;%4 ❑ 11 Fort Worth ``� �- ' ❑ 12 Waco " ❑ 13 Austin '� l [ ❑ 14 Abilene ., ❑ 15 San Angelo ` `"" h ❑ 16 Amarillo ❑ 17 Lubbock - ❑ 18 Midland Comp 7 Name ❑ 19 El Paso ❑ 20 San Antonio Signature of M= ❑ I will not service members Printed Name of the Texas Cooperative. Page 20 of 67 Proposal Forms COMMJSVCS v.02.11.2019 &57iloard Caoperative Purchasing 12007 Research Boulevard__, Austin,Texas 78759-2489 • PH: 800-695-2919 1 FAX; 800-211-5454 11u hoar, 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 67 Proposal forms Comm/SVCS v,02,11.2019 &978oard cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 . FAX: Boo-211-5454 Ica, scam STATE SERVICE DESS_IGNAT_ ION The Cooperative offers vendors the opportunity to service other governmental entities In the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note,If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form,) 0 you serve d/fferent states for different products or services Included In your proposal,you must complete and submit a separate State Serv/ce Designat/on form for each group of products and clearly Indicate the Products or services to which the des/gnatlon applies In the space prov/ded at the end of th/s form. By designating a state or states, you are cert/fying that you are authorized and willing to provide the proposed products and services In those states. DesIgnating states In which you are ether unable or unwlll/ng to provide the speclfled products and services shall be grounds for ether rejectlon of your proposal or, If awarded, terminatian of your Contract Pleasg h k N1 all thAtA2pLy, ❑ I will service all states in the United States. I will not service all states in the United States. I will service only the states checked below: [Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ® Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 & 20652) ❑ New Jersey Colorado [ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ® North Carolina ❑ District of Columbia ❑ North Dakota M/Fbrida ❑ Ohio ®' Georgia ErOklahoma ❑ Hawaii ® Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ® Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky F�?fexas ( Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 22 of 67 Proposal Forms COMM/SVCS v.02.11.2019 &978oard Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 1 FAX: 800-211-5454 -tumor, .cam This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Company Napft - Signature of Au orized Company Official printed Na the 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 67 Proposal Forms COMM/SVCS v.02.11.2019 &978oard Cooperative Purchasing 12007 Research Boulevard . Austin,Texas 78759-2439 - PH. 800-695-2919 - PAX. 800-211.5454 y .oar ,.com NATIONAL-PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative Is an intergovernmental purchasing cooperatfve 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 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 interlineatlons 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 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 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. 5. 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. 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. Page 24 of 67 Proposal Forms COMM/sVCs v,02,11.2019 Board Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 , PH; 800-695-2919 1 FAX: 800-211-5454 �bdard,cc�rn 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. p � p _ f Naple of Vendor Pro oral Invitat n Number -� Signature f Authorized Company Official Printed Nan4e of Authorized Company Official Date Page 25 of 67 Proposal Forms COMM/SVCS v.02.11.2019 allBOard Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800.695-2919 , PAX: 800-211-5454 FEDERAL AND ATE PuRCWHASIN9PERATINE gg EXPERIEN 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. I. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price dur€n the previou 1 -month period or the last fiscal year; $ i6 , month period Is he 12 7 ur , In the event that a dollar value Is n t a appropriate meashe urreio�he of tsales, provide and describe your own me sure of the sales of the Item(s). 2. By submitting a proposal, you agree that, based on your written discounting offr the Cooperative are equal to or better than the best price you offer other purchasing �cooperatives for heies, the discountso same Items under equivalent circumstances. 3. Provide the Information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. 1. Federal General Services Administration 2. T-PASS (State of Texas) 3. U.S. Communities Purchasing Alliance 4. National IPA/TCPN S. Houston-Galveston Area Council (HGAQ 6. National Joint Powers Alliance (NJPA) 7. E&I Cooperative 8. The Interlocal Purchasing System (TIPS) 9. other —.41L) ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. 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 ( r Proposed Discount(a/o): r�ej lantion: Page 26 of 67 Proposal Forms COMM/SVCS v.02.11.2019 Board Cooperative Purchasing 12007 Research Boulevard -Austin,Texas 70759-2439 - PH; 000-695-2919 " FAX: 800-211-5454 " trvla_v..ar .c9M 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. n I� Company Name 01 P Signature of A razed Company Official Printed Name Page 27 of 67 Proposal forms comm/svcs v.02.11.2019 RVBoard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 - FAX: 80M11.5454 -.bIWboar com OVERNMENTAL 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/dlscounts 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/discount you offer other governmental customers, Attach additional pages if necessary, Quantity/ 2. 60 `1` Do you ever modify your written policies or standard ENO vernme al sales practices as Identified in the above chart to give better discounts (lower prices) than Indicated? YES 0 If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification, Company N Signatur o}f Authoriz Company Offitd-d 4 Printed Name Page 28 of 67 PrOp9581 Farms COMM/SVCs v.02,11.2019 &�VBoard Cooperative Purchasing 12007 Research Boulevard I Austin,Texas 78759-2439 - PH. 800-695-2919 • FAX: 800-211-5454 MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (�: Explaln haw your company w111 lnitlally Inforr» Cooperative members of year�uyBoaro' contract, and how you will continue(�support the BuyBaard for the duration of the contract period.) Attach additional pages if necessary. - LAI - Company ame 1 Slgna ure of Auth ized Company Official a—�L� Lo )� Printed Name Page 29 of 67 Proposal Forms COMM/SVCS V,02,11.2019 &98oard Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800.695-2919 • FAX: 800.211-5454 •b�rytzoar _cam ONF DE. .MLLPROPRIETARY INF RMAT1ON All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, Including catalogs and pr€celists, 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? NO, I eertlfy 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 Proposers 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 addlllonal sheets/f needed,) Page 30 of 67 Proposal FQrM5 COMM/SVCs v.02.11,2019 DUHoard Cooperating Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 - PH- 800-695-2919 • FAX: 800-211-5454 Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please �NO, Proposal (includingforms documentation, tion, 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 additlonal sheets if needed) 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, 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 tom a this certification and all consents and agreements contained herein. Comp n a e SignsVreo1',,1bfhorizecI Company Fficial It Print Nay Date Page 31 ®f 67 Proposal Forms COMM/SVCS v.02.12.2019 &UDoard � Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 , PH: 800-695-2919 , FAX: 800-211-5454 VENDOR BUSUNESS „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 r quested below `oorr]your Proposal may be deemed non-responslve. Name of Proposing Company: (List the(aW name of the company seeking to contract with the Cooper flue. Do W"list an assumed name,dba, aka,etc: here. Such informatlon ay be provided below. If you are submlttIng a)o/nt proposal w/th another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor/nlbrmation form separately operating legal business enalles, even ifatflllated entitles, which propose to prov/de goods or services separately must subm/t their own Proposals) ftm heck f IYDe of Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership Other if other, Identify State of Incorporation (if applicable); Federal Employer Identification Number: q � �� � (vendor must include a completed - form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be Identified on the Buy9oard: (Note: ifdifferent than the Name of Proposing Company listed above, only valid trade names(dba, aka, etc.)of the Proposing Company may be used and a copy of your Assumed Name cermcate(s), if applicable,must be attached) Page 32 of 67 Proposal Forms COMM/SVCS v.02.11.2019 Fes, WIM11119 Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requesur.Do not Ir�emelfiRe1 'h servriceu ►4o to www.fra.gov1F'orm19 for instructlona and ft latest information. ��n to#hs IRS. 1 N w(as shown on ur Income tax return).Name Is required on this fine;do not leave this line blank, 2 1 ess ne ldWagtarded entity e,If different from soup I 3 Check approp ate box for federal tax oiaselffcation of the person who ems Is entered on line 1.Check only one of the 4 Exemptions(codee apply and to taliowing seven boxes, y certain entities,not individuals;see ° / Instructions on page 3y D lndlvidusUsols proprietor or E C Corporation Q S corporation Partnership ❑Trustlestate w sfngle-member LLC Exempt payee cods(if any) ' ® Limited Ifabffity company.Enter the to classification(C-C corporation,S=3 corporation,PmPartnershlp)► Blots,Check the appropriate box in the line above for the tax ciesslfloatlon of the single rnernber owner. do not check £xempttcn from FATCA reporting LLO If the U.0 Is classified as a singla-mumber LLC that is disregarded from the owner unless the owner of the Lt.0 Is Dods(It any} another LLC than to not disregarded from the owner for U.S.fed"tax purposes.Otherwise,a single-member LLC that Is disregarded frcrn the owner should check the appropriate box for the tax classification of Its owner. Other(see Instructions)1 r ,+ ra ae,a„m.menre�dour e+ a u.a.J b Ad-retrs(numb ,str "d apt.or suite,,,no. 5Tuotlons. Requester's Warne and addras>3(optional) c a city,sta ,and ZIP ode r L 7 List account number(s)here(o T,ax er Identification Nlum#aer IN Enter your TIN In the appropriate box,The TIN provided must match the name given on line 1 to avoid I 80dal eeaurfty number backup withholding.For individuals,this is generally your social seourlty number(SSN).However,for a w resident alien,sole proprietor,or disregarded erttity,- e the Instructions for Part 1,later.For other entity,it is your employer identification number(EIN).if you do not have a number,see How to get a TIN, later. or Note:If the account is In more than one name,see the instructions for line 1.Also see What Name and rttPacation number Number To Give the Requester for guidelines on whose number to enter. 4�1 cas#ian Under penalties of perjury,I certify that; 1.The number shown on this form Is my correct taxpayer identification number(or I am walling for a number to be Issued to log);and 2.1 am not subject to backup withholding because,(a)I am exempt from backup withholding,or(b)1 have not been notified by the Internal Flevenue 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 3.1 am a U.S.citizen or other U.S.parson(defined below);and 9,The FATCA oode(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting Is correct, Certlflcation 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 raturn.For real estate traneactlons,Item 2-does not apply.For mortgage Interest,paid, acquisition or abandonment of secured property,caneella of debt,contributions to an Individual retirement arrangement(Ili,and generally,payments other than interest and dIvIdeirdssvou ara n2krequired to tlqn the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature Of Here U.S.person► pate► ` General Instructions •Form 10g9-0IV(dividends,Including thoso from stocks or mutual funds) Section reference ere to the Intemal Revenue Code unless otherwise +Form 1099-MISO(various types of income,prdzes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.govJFormWg. +Form 1099-5(proceeds from real estate transactions) Purpose of Form .Form 1099-K(merchant card and third party network transactions) An individual for entity(Form W-9 requester]who is required to file an +Form 1098(home mortgage Interest), 1098-E(student loam Interest), information return with the IRS must obtain your correct taxpayer 1096-T(tuition) Identification number(TIN)which may be your social security number .Form 1099-C(canceled debt) (M),Indlvldual.taxpay3r identification number(1TIN),adoption r Form 1099«A(acquisition or abandonment of secured property) taxpayer Identification number(ATIN),or employer Identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(Including a resident amount reportable on an Information return.lExamples of information align),to provide your correct TIN. returns include,bo are not limited to,the fQJl0WIng, If you rho not return Form W 9 to the requester with a TIN,you might +Farm 1099-1NT(Interest earned or paid) be subject to backup withholding.See What is backup withholding, later, Cat NO,102311( Form W-9(Rev.10-2018) Board cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759.2439 . PIS; 800-695-2919 • FAX. 800-211-5454 "GAR VENDOR CERTIFICATION (2 CIFR Part 200 and Appendix 11) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This Includes, but is not limited to, the procurement standards of the Uniform 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 9=b of the Items below, Vendor should certify Vendor's agreement and ablllty to comply, where appllcab/e, by having Vendor's authorized representative complete and Initla/the applicable boxes and sign the acknowledgment at the end of this form. If you fall to complete any Item In this form, the Cooperative w/f/consider and may Ilst the Vendor's response on the Buysoard as "NO,I the Vendor/s unable or unwllling to comply, A "NO" response to any of the items may, If applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds, 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the Inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies In Instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E=.18, Remedies for Default and Termination of Contract, Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or In equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated In accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services dellvered to the Cooperative member prior to the termination and not otherwise returned In accordance with Vendors return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of tenninatlon, Vendor shall Immediately 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, Page 33 of 67 Proposal Forms Comm/secs v.mli.2019 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH; 800-695-2919 i FAX: 800-211-5454 buvbQardL2 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.aay. 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 Intellic ience, 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. Page 34 of 67 Proposal Forms COMM/SVCS v.02,11.2019 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH. 800-695-2919 - FAX; 800-211-5454 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. a. 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 authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, Is not debarred, suspended, or otherwise excluded by agencies or declared Ineligible under statutory or regulatory authority other than Executive Order 12549, Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or 1s 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 B rd Anti-Cobb in 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 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, 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, Page 35 of 67 Proposal Fbrms COMM/SVCS v.02,11.2019 Board Cooperative Pureh i g 12007 Research Boulevard • Austin,Texas 78759-2439 - Phi. 800-695-2919 • FAX: 800-211-5454 1� vhoar{�VG�1 12. General Compliance and Cooperation with Cooperative Members; member, It shall make a good faith effort to work with Cooperative members to provide such information and to In addition to the foregoing specific requirements, Vendor agrees, In accepting any Purchase Order from a Cooperat satisfy €ve such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited a livable recordkee in and record retention requirements. to, i/godor CertlficatjQ-n: YES, I agree or Vendor Certification Item No. . NO, I do NOT agree Initial I. Vendor Violation or Breach of Contract Terms L Termination for Cause or Convenience IL 0 ual Employment Opportunity 4. Davls-Bacon Act 1 5. Contract Work Flours and Safety Standards Act 6. Right to Inventions Made Linder a Contract or Agreement 7. Clean Air Act and Federal Water Pollution Control Act 8. Debarment and Suspension 9. Byrd Antl-Lobbying Amendment 10. Procurement of Recovered Materials4CA 11. Profit as a Separate Element of Price 12. General Compliance and Cooperation with Cooperative Members CIO 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 ma this certification and all consents and agreements contained herein. Com an Na a �f Signa o h ed Company 9fflcial Printed Name Page 36 of 67 Proposal Forms COMM/SVCS v.02.11.2019 &Filoard Cooperative Purchasing 12007 Research Boulevard I Austin,Texas 78759-2439 • PH. 800-695-2919 ' FAX. 800-211.5454 PROP SAL INVITAT N E TI NNATRE The Cooperative will use your responses to the questions below In evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"): Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered, 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company Is currently for sale or involved In any transaction that would significantly alter Its business or result in acquisition by another entl v,&Li .� 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, 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. IIS Page 37 of 67 Proposal Forms COMM/SVC5 v.02.11.2019 'k'�s M I S S 10 N RESTAURANT SUPPLY KEY PERSONNEL Brian Mosher Bid-Estimater/Sr Project Manager Food Service Equipment Project Management 25 Years Experience-Food Service Equipment Project Management 13 Years with Mission Chris Denslow Install Manager/Install&Safety Manager Food Service Equipment Project Management&Equipment Service Manager 36 Years Experience- Food Service Equipment and Plumbing 12 Years with Mission Les Warner Consultant/Project Management Food Service Equipment Project Management&Purchasing Manager 36 Years Experience-Food Service Equipment Consultant/Preoject Managment 5 Years with Mission Keith Graves Custom Fabrication/Production&Project Management 38 Years Experience-Stainless Steel Fabrication&Project Management 6-1/2 Years with Mission Pamela Bone Contract Manager 25 Years Experience-Food Service Equipment Contract&Project Management 12 Years with Mission Andrew Wueste President 37 Years Experience- Food Service Equipment 16 Years with Mission Hoard Cooperative Purchasing 12007 Research Boulevard - Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211.5454 •13uvho rd.cr�m 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, r R 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. 5. 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. 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 t am authorized by my company to make this certification. J �c )X- � , Com y Name Signature of` thorized Company Official Page 38 of 67 Proposal Forma COMM/5YCs v.02.I 12019 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.ccirrt REQUIRED FORM WE KLI T �,/ (Please chock(d)the following) I QXWWed: Proposer's Agreement and Signature L7 C2mQLQW-: Vendor Contact Information Ctrs: Felony Conviction Disclosure and Debarment Certification C2M21ktW: Resident/Nonresident Certification QlDdetgd: No Israel Boycott Certification Qm2kted: No Excluded Nation or Foreign Terrorist Organization Certification U C&mpktW: Historically Underutilized Business (HUB) Certification) �o, m ZW: Construction Related Goods and Services Affirmation L7 CQmp1gt&d: Deviation/Compliance [ / tom IeCed: Location/Authorized Seller Listings Completed: Manufacturer Dealer Designation Completed: Texas Regional Service Designation L� Completed: State Service Designation l� r&mpleted: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience Compkted: Governmental References I� Com Ip eted: Marketing Strategy M Som feted: Confidential/Proprietary Information -QlMgjetgd: Vendor Business Name with IRS Form W-9 Completed: EDGAR Vendor Certification Completed: Proposal Invitation Questionnaire Completed: Required Forms Checklist l rp I d: Proposal Specification Form with Catalogs/Pricellsts and Evaluation Items *Casa 09VPKC0115tF must 6e su6MAW Wth proposal re once orr wwm iW11 not be consddemd. Page 39 of 67 Proposal Forms COMM/SVCS v.02.11.2019 � - r r ■ � = •� � > � � Cal 4LU E � t : i" V a° oz ro r � � o � V a A � E a IgAddui ` c � � a �. o �y LU cz W o ml m S %6 .� E ` Cy m �. N (v cr Ln o � 3 W +4 C N c U ,CML R +� + LU IE o � � can z L ® " G 2 : zN � ZS J o - 8 r- 1 JQ U , d g g N rn d- �n + r +� 4A- dJ a " ��- �v C - CL r EAim- Ccj! W '� +a � N 2 �• .. 1 �C uj cn 9 cn Ln _ c 72 L ! • �.! y Z U an I LA V icL_n 4c� � Ids eWT V o C CL aelo .R fil C - c CL am a w 45 40- roN CL � _ ,� � . in 00tiC O vi its ,.� _ RL a Y $ ._ S — �, C m aw a s lu Ml all cv W t7 (0 Tl a. WrL ` = N � 72 LU$ CL _ w . pj L � - Ln 7H(55 M � Z Hum � �r N � o ; 0 Y� ]yam 126 v CL m W m CL c .•� .16 CIL my � 42 42CL Ch 0eQ � En E _ CL rza cu t -I LID, `- b I , I I _af4 ' CL � $ W � U, �.. �- ram � � 00 �, o T S x ...................... CL a a �`•F o ;� � ..• . c m - Q CL � I z' 140% � Arui � y . U. o �. � m a 40- - `�` M 12 k � I � .� z - � is � 8 � � Q1 D I O H m O IF O O o .. H 2 c � � � CjT Z$ 0 c � Y Y cu z a tz � • Or 9 A o E , � ro � � uT a c a CL z ® 06 �. cr IL Cc � .. _ R - CL � Q W y ai "-I .::] '4 Manufacture Name If manufacturer or BuyBoard Item Number company has website with pricing you can Discount (no use website (No http:// or www. No all % sign) capitals) ACCUTEMP 51 3 AMERICAN CHEMICAL SYSTEMS 50 10 ADMIRAL CRAFT 52 2 ADVANCE TABCO 60 5, 6, 9 ALTO SHAM 34 3, 8 AMANA 57 2, 8 AMERICAN PANEL 55 7 APW 55 2, 3, 8 ARTIC AIR 50 7 ATLAS 47 5 BAKERS PRIDE 55 3 BALLY 65 7 BAXTER 20.5 3 BERKEL 59.5 3 BERNER 47 12 BEVERAGE AIRE 65 7 BLODGETT 59 3 BUNN 48 4,8 BUSBOY 45 18 CAMBRO 55 2, 4,5, 6 CARLISLE 54 1,2, 3, 4, 5, 6, 8 CARTER HOFFMAN 50 5, 6 CHAMPION 32 9 CLEVELAND 60 3 CMA 51 9 CONTINENTAL REF. 64 7 COOK TECH 50 3 COOPER-ATKINS 47 2, 12 COUNTER CRAFT 50 5, 15 CRES COR 50 5, 6 DELFIELD 65 5, 6, 7, 15 DORMONT 62 12, 18 DOUGH XPRESS 18 3 DOYON 49 3 DUKE 50 3, 5, 9, 15 DUTCHESS 18 3 EAGLE 62 2, 5, 6, 9 ELECTROLUX 50 3 ELOMA 30 3 EVERPURE 50 12 FEDERAL 57 7 FISHER 57 9, 18 FOLLETT 55 7 FRYMASTER/DEAN 59 3 FWE 43 5, 6 GARLAND/U.S .RANGE 64 3 GET 55 1 GLASTENDER 53 7 GLOBE 56 2, 3 GROEN 57 3 HAMILTON BEACH 53 HATCO 50 3, 8, 9 HOBART 34 3, 9 HOSHIZAKI 57.25 7 HOSHIZAKI PARTS 20 17 ICEOMATIC 56 7 IMC TEDDY 47 5 INSINKERATOR 48 9, 18 INTERMETRO 60-68 5, 6 JACKSON 47 9 JOHN BOOS 57 5 EDLUND 53 2 DEXTER RUSSELL 50 2 KOLPAK 55 7 LAKESIDE 56 6 LANG 53 3 LIBERTYWARE 52 2 LINCOLN 55 3 MANITOWOC 57 7 NORLAKE 58 7 PIPER 52 5, 7, 15 MARKET FORGE 56 3 MARKO 42 1 MARS 27 7, 12 MASTER BILT 60 7 METRO 60-68 5 MISSION METAL FABRICATION 50 15, 18 1, 2, 3, 4, 5, 6, 7, 8, 9, MISSION RESTAURANT SUPPLY CATALOG 10 10, 11, 12, 15, 17, 18 MODUSERVE 50 5, 7, 15 MONTAGUE 48 3 NEMCO 53 213 NEW AGE 57 5, 6 NU VU 50 3, 5 PANASONIC 57.5 2, 3, 8, 18 PERLICK 56 4,5 PITCO 58 3 POWERSOAK 24 9 PRINCE CASTLE 45 2, 3 RANDELL 58 5, 7 RATIONAL 35 3 RDT 50 7 ROBOT COUPE 1 27 12, 3 RPI 50 7 RUBBERMAID 47 1, 6, 12 SALVA30R 52.5 9, 18 SAN JAMAR 47 12 SCOTSMAN 61 7 SILVER KING 50 7 SOUTHBEND 56 3 STAR 53 2,3, 8 STRUCTURAL CONCEPTS 59 7 T & S 52 9, 12, 18 TAYLOR 62 12 TABLECRAFT 46 1, 2 TEXAS DIGITAL MENU 40 14 THERMOKOOL 50 7 TOASTMASTER 53 3 TRAULSEN 59 6, 7, 8 TRAULSEN DEALERS CHOICE 71 6, 7, 8 TRUE 68 7, 8 TRUE PARTS 20 17 TURBO AIR 65 7 TURBO CHEF 25 3 UTILITY REFRIGERATION 48 7 VARIMIXER 41 2, 3 VICTORY 67 6, 7 VOLLRATH 55 2, 3, 5, 6 VULCAN 61 3, 6 WARING 55 2, 3, 8 WELLS 55 2, 3, 8 WINSTON 1 52 13, 6 WOLFE 1 61 13 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. OFFICE USE ONLY 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. Name of vendor who has a business relationship with local governmental entity. f''l I SS i t'1i (z-65 i ttv>e"f SU PP1- 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. Name of Officer Aj 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 F-1 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 F-1No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 61 ❑ 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). 71 1I6 2021 gnlreMv$n oing business with the governmental entity Date Form provided t y'�e=Vics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe 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 11/30/2015