HomeMy WebLinkAboutContract 56470 CSC No. 56470
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement("Agreement")is entered into by and between Heartland Park
and Recreation, LLC. ("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 [IF NEEDED];
3. Exhibit B— Seller's Quote, Scope of Services or Purchase Order;
4. Exhibit C—Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); 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 in the amount of Fifty Thousand Dollars ($50,000.00). Vendor shall not provide any additional
items or services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
The term of this Agreement shall be for one year beginning on October 01, 2021 and ending on
September 30, 2022. City shall be able to renew this agreement for Playground Solutions of Texas, Inc.
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: OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
To CITY: To VENDOR:
City of Fort Worth Heartland Park and Recreation, LLC.
Attn: Valarie Washington, Assistant City Sean Spencer,-General Manager Owner
Manager P.O. Box 505
200 Texas Street White Oak,TX 75693
Fort Worth, TX 76102-6314 Facsimile:N/A _
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office
at same address
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
By: Va It rieWashington(Oct 12,2021 16:26CDT) responsible for the monitoring and administration
Name: Valarie Washington of this contract, including ensuring all performance
Title: Assistant City Manager and reporting requirements,
Date: Oct 12,2021
APPROVAL RECOMMENDED: By:
Name: Scott Penn
Title: District Superintendent
Rlchard Zavala
By: Richard Zava[a(Oct 8,202112:04 CDT) APPROVED AS TO FORM AND LEGALITY:
Name:Richard Zavala
Title: Park &Recreation Director
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a�o°°°° °°°�0�' ATTEST: By; Nico Arias(Oct12,202116:17 CDT)
Name: Nico Arias
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*; Title: Assistant City Attorney
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By: CONTRACT AUTHORIZATION:
Name: Ronald P.Gonzales M&C: 21-0751
Title: City Secretary
VENDOR:
_ OFFICIAL RECORD
1 aid -creation LLC ATTEST: CITY SECRETARY
By: FT. WORTH, TX
4 By:
Title: Gvcgt"c-
Date: 2,1 Name: &AIAT V
Title:
VERIFICATION OF SIGNATURE AUTHORITY
HEARTLAND PARK AND RECREATION,LLC.
P.O.BOX 505
WHITE OAK TX 75693
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor. f
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Exhibit A
CITY OF FORT WORTH, TEXAS STANDARD
PURCHASING TERMS ANDCONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subvendors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its
officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity
under a contract with the City of FortWorth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth (the "City") may be requested by a member of
the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002,
552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information,
the Seller listed in the request will be notified and given an opportunity to make arguments to
the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its
information may not lawfully be released. If Seller does not make arguments or the AG rejects the
arguments Seller makes, Seller's information will be released without penalty to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16, City of Fort Worth Charter)
5.0 ORDERS
5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who
act on behalf of various City departments, bodies or agencies are authorized to place
orders for goods and/or services without providing approved contract numbers, purchase
order numbers, or release numbers issued by the Buyer. The only exceptions are
Purchasing Card orders and emergencies pursuant to Texas Local Government Code
Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing
Division will place such orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract
number, purchase order number, or release number issued by the Buyer may result in
rejection of delivery, return of goods at the Seller's cost and/or non-payment.
6.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping container,
shall be clearly and permanently marked as follows: (a)Seller's name and address: (b)Consignee's
name, address and purchase order or purchase change order number; (c) Container number
and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing
the packing slip. Seller shall bear the cost of packaging unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. Buyer's count or weight shall
be final and conclusive on shipments not accompanied by packing lists.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the quoted
delivery terms do not include transportation costs; provided, Buyer shall have the right to designate
what method of transportation shall be used to ship thegoods.
10.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being nonconforming
under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill, when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or
services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTY
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this warranty,
the prices of the items shall be reduced to the prices contained in Seller's proposals,
or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract
without any liability to Seller for breach or for Seller's actual expense. Such remedies are
in addition to and not in lieu of any other remedies which Buyer may have in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
violation of this warranty, Buyer shall have the right, in addition to any other right or rights
arising pursuant to said purchase(s), to cancel this contract without liability and to deduct
from the contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amount thereof.
14.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and
the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's
specifications, drawings, and descriptions, Buyer's specifications shall govern.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
16.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary"to Seller, and is licensed and
provided to the Buyer for its sole use for purposes under this Agreement and any attached work
orders or invoices. The City may not use or share this software without permission of the Seller;
however Buyer may make copies of the software expressly for backup purposes.
17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
17.1 The SELLER 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 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.
17.2 SELLER 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 any way connected with
providing the services, or the City's continued use of the Deliverable(s)hereunder.
17.3 SELLER 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 SELLER bears the cost and expense of
payment for claims or actions against the City pursuant to this section 8, SELLER
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 SELLER 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 all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, SELLER shall fully participate and cooperate with the
City in defense of such claim or action. City agrees to give SELLER 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 SELLER'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, SELLER 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 SELLER, terminate this Agreement, and
refund all amounts paid to SELLER by the City, subsequent to which termination
City may seek any and all remedies available to City under law.
18.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes,
methods, programs, and manuals that were developed, prepared, conceived, made or suggested
by the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to writing
thereafter (the "Work Product") and Seller acknowledges that such Work Product may be
considered "work(s) made for hire"and will be and remain the exclusive property of the City. To the
extent that the Work Product, under applicable law, may not be considered work(s) made for hire,
Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller
may have in any Work Product or any tangible media embodying such Work Product, without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its
vendors hereby waives any property interest in such Work Product.
19.0 NETWORK ACCESS
The City owns and operates a computing environment and network (collectively the "Network"). If
Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior to
providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of
Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer
may have in law orequity.
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIGNMENT/DELEGATION
No interest, obligation or right of Seller, including the right to receive payment, under this
contract shall be assigned or delegated to another entity without the express written consent of
Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective
for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent,
Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as
determined by Buyer, that are reasonable and necessary to verify Seller's legal status and
transfer of rights, interests, or obligations to another entity. The documents that may be requested
include, but are not limited to, Articles of Incorporation and related amendments, Certificate of
Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold
all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller
fails to provide necessary information in accordance with this section, Buyer shall not be liable for
any penalties, fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
(the "contract documents"). This Agreement is intended by the parties as a final expression of
their agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is
used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict
between the contract documents, the order of precedence shall be these Standard Terms and
Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and
Seller have otherwise negotiated a contract, this Agreement shall not apply.
26.0 APPLICABLE LAW/VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall
be governed, construed and enforced under the laws of the State of Texas.
27.0 INDEPENDENT CONTRACTOR(S)
Seller shall operate hereunder as an independent Contractor(s)and not as an officer,agent, servant
or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control,
the details of its operations hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, vendors and sub-
vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees,
vendors and subvendors.
28.0 LIABILITY AND INDEMNIFICATION,
28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO SELLER'S 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 SELLERS, ITS
OFFICERS, AGENTES, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds havebeen
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing
Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102.
Notices to Seller shall be conclusively determined to have been delivered three (3) business days
following the day such notice is deposited in the United States mail, in a sealed envelope with
sufficient postage attached, addressed to the address given by Seller in its response to Buyer's
invitation to proposals. Or if sent via express courier or hand delivery, notice is considered
received upon delivery.
32.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
vendors or subvendors, have fully complied with all provisions of same and that no employee,
participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according
to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or
subvendors herein.
33.0 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act(INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the
identity and employment eligibility of all employees who perform work under this Agreement.
Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of
all supporting employment eligibility and identity documentation for all employees, and upon
request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Vendor shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to
perform such services. Vendor shall provide City with a certification letter that it has complied with
the verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to immediately
terminate this Agreement for violations of this provision byVendor.
34.0 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision bySeller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990(ADA), Seller warrants
that it and any and all of its subvendors will not unlawfully discriminate on the basis of disability in
the provision of services to general public, nor in the availability, terms and/or conditions of
employment for applicants for employment with, or employees of Seller or any of its subvendors.
Seller warrants it will fully comply with ADA's provisions and any other applicablefederal, state and
local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims
or allegations asserted by third parties or subvendors against Buyerarising out of Seller's and/or its
subvendor's alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
37.0 DISPUTE RESOLUTION
If either Buyer or Seller 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 firstattempt to
resolve the matter through this dispute resolution process. The disputing party shall notifythe other
party in writing as soon as practicable after discovering the claim, dispute, or breach. Thenotice 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 make a good faith effort,either through
email, mail, phone conference, in person meetings, or other reasonable means toresolve any
claim, dispute, breach or other matter in question that may arise out of, or in connectionwith this
Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date ofreceipt of the
notice of the dispute, then the parties may submit the matter to non-binding mediationupon written
consent of authorized representatives of both parties in accordance with the IndustryArbitration
Rules of the American Arbitration Association or other applicable rules governing mediation then in
effect. If the parties cannot resolve the dispute through mediation,then either partyshall have the right
to exercise any and all remedies available under law regarding the dispute.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTTISRAEL
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is
prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the companythat 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 contract,
Seller certifies that Seller's signature provides written verification to the City that Seller: (1)does
not boycott Israel; and(2)will not boycott Israel during the term of the contract.
Revised August 31,2017
Exhibit B
�BqqLd*
Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products
(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consldereC'.)
_VOTE 1:Vendors proposing various manufacturer product lilies per line item on the Proposal 5peclfitation Form must submit the information as follows or
proposal may not be considered:
171lanufacturers shall be listed in alphabetical order
❑Jendor`s must list one specific percentage discount for each Manufacturer listed.
If a vendor's response to Proposal 5peritIcation Form states"please see attachment sheet,"all manufacturers listed on the attachment sheet must indicate
per manufacturer the line item that correlates to Proposal Specification Form or Vendor's proposal may not be considered,
140TF 2:Vendors proposing must be approved by the manufacturer to sell,install,and service the brand of equipment submitted.Proposers responding to
this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regians In which
equipment may be sold.
Park Equipment Products,and Supplies
State Percent(oln)
Item of Discount off State Name of Exceptions to
No. Short DescH 'an Full Description Cataia /Primlist' Catalog/PrIcefist' Discount
Discpunt[°Jn)Off Q
Please state the discount(%)off catainglpriceiist For Park and ° P1a� �``+&k—
1 Catalog/Pricelist for Park and Playground Playground Equipment,Attachments,and Accessories.
Catalog lPrireIIst MUST be included or proposal will not be considered. I
Equipment
Discount(%)Off Please state the discount(%)off catalog/primelist for Park and L
Z Park an Playground
For playground Sports Equipment. catalog1Pricelist MUST be included or
Park and Playground J
Sports Equipment proposal will not be considered.
Discount(%)Off Please state the discount(%)off catalog/pricelist for Park and
3 Catalog/Pricelist for Playground Amenities(tables,benches,litter receptacles and
Park and Playground similar related equipment), Catalog/Priceli5t MUST be included or
Amenities Proposal will not be considered.
Discount(%)Off Please state the discount(%)off catalog/pricelist for Park and
4 Catalog/Pricelist for Playground Drinking Fountains,Attachments,and °Ia
Park and Playground Accessories. catalog/Pricelist MUST be included or proposal wilt not be
Drinking Fountains considered.
❑iscount(%)Off a
Please state the discount(%)off catalog/pricelist for Park and /rO�v�
5 Catalog/Priceiist for Park and Playground Playground Safety Surfacing Products. catalog/Price list MUST be C���-p
induded or proposal will not be considered.
Safety Surfacing �s�• IllS
PROPOSAL_NOTE
PR0005AL SPECikICATiON fQRM
1.Cata log s/Price Iists are required to he submitted with Proposal Page 43 of 71
Wfoard'
,�r.�..o.r
Proposal invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products
(Cata logs/Pncelists must ue submittea wrth Proposal or Proposal will r,r,t_w r^'I!t1 i,rerf .1
State Percent(%)
of Discount off State Name of Exceptions to
Catalog I Price]ist= Catalog/Pricelistr Discount
Discount(°II)Off
CatalpgJPricelist Far Please state the discount(%)off catalog/pricelist for park and °
6 Park and Playground Playground Bikes. Catalog IPricelist MUST be included or proposal will I°
not be considered.
Bikes
Discount(°Io)Off
Catalog/Pricelist for Please state the discount(°I°)off catalog/pricelist for Park and
7 Park and Playground Playground Animal Washing Stations. Catalog/Pricelist MUST be
Animal Washing included or proposal will not be considered.
Stations
Discount(%)Off
Please state the discount(%)off catalogJprieelist for Shade
Catalog/Pricelist for °
$ Canopies and Structures,Attachments,and Accessories. I°
Shade Canopies and Catalog/Priceiist MUST be included or proposal will not be considered.
Structures
Discount(%)Off Please state the discount(%)off catalog/pricelist for Portable
Catalog/Pricelist for Restrooms,Pre-fabricated Portable Park Buildings and
9 Portable Restrooms, Shelters(picnic shelters,cabins,pavilions and similar related
Portable Park portable buildings). Catalog/Pricelist MUST be included or proposal will
Buildings and Shelters not be considered.
Discount(°I°)Off Please state the discount(°I°)off cataloglpricelist for Aquatic Y
10 Catalog/Pricelist for Playground and Pool Equipment,Attachments,and % 1/VCI� IL,
Aquatic Playground Accessories. Catalog/pricelist MUST be included or proposal will not be Y
and Pool Equipment considered. f,frj j
Discount(%)Off Please state the discount(%)off catalog/pricelist for Skate Park Y
11 Catalog/Pricelist for Products,Attachments,and Accessories. Catalog/Pricelisk MUST
Skate Parks be included or proposal will not be considered.
Discount(%)Off Please state the discount(%)off cata log/prlceIist for Water Park
12 Catalog/Pricelist for Products,Attachments,and Accessories. catalog/Pri°elist MUST
Water Parks be Included or proposal will not be considered.
PROPOSAL"07f PROP05AL SPECIFICATION FORM
1.Catalog VPrlcelists are required to be submitted with Proposal Page 44 of 71
A: Wsoard'
Proposal Invitation No.592-19-Parks and Recreation Equipment and Field Lighting Products
(Catalogs/Pncelists must be surmiHt,d wilh PruI;C•saI or Proposal will n0L Lr• •, '
State Percent(%r)
Itempir of Discount aFT State Name of Exceptions.to
No. Short Vesstrs n Full Description Catalog/Pricelistt Catalog/Pricelist, Discount
Discount(%)Off Please state the discount(%)off catalog/pricelist for Lake,River
13 Catalog/Pricelist for and Waterway Equipment[dock Floats,decking,waterway %
Lake,River and barriers,buoys,markers,and similar related equipment].
Waterway Equipment Catalog/Fricelist MUST be Included or proposal will not be considered.
Discount(%)Off Please state the discount(%)off catalog/pricelist for Outdoor
Catalog/Pricehstfor
]4 Bleacher and Seating Systems,Attachments,and Accessories. olu
Outdoor Bleacher and
Catalog lPricelist MUST be included or proposal will not be considered.
Seating Systems
Discount(°/o)Off Please state the discount(%)off catalog/pricelist for Outdoor
15 Catalog/Pricelist for Scoreboards,Attachments,and Accessories. CataloglPricellst 0/0
Outdoor Scoreboards MUST be included or proposal will not be considered.
Discount(%)Off
Please state the discount(°lo)off catalog/pricelist for Signage and
16 Catalog/Pricelist for Marquees,Attachments,and Accessories. cats log l Pricel lst Mu57 _ 11/0
Signage and be included or proposal will not be considered.
Marquees
Discount(%)Off Please state the discount(%)off catalog/pricelist for Fireworks
Catalog/pricelist for Display Services(services shall include the products,labor,licenses
17 Fireworks Display and resources necessary to coordinate and perform such displays for %
Services Cooperative members). Catalog/Pricellst MUST be Included or Proposal
will not be considered.
Discount(%)OFF
Catalog/Pricelist For All Please state the discount(%)off rataiog/priceiist for All Other Parks
18 Other Parks and and Recreation Equipment/Products,Attachments,and %
Recreation Accessories. Catalog)Pritelist MUST be included or proposal will not be
considered.
Equipment/Products
PROPOSAL NOTE ?RO POSAL SPECIFICATION FORM
1.Catalogs/Pricelats are required to be submitted with Proposal Page 45 of 71
L;Wsoard-
Proposal Invitation No.592-19-Parks and Recreation Equipment and Field Lighting Products
(Catalogs/Prlcellsts must be submitted with Proposal or Proposal will not be consid_r;
[Section IL Field Lighting Products-Vendors shall provide a catalogt that includes the manufacturer design number,light system fixtures,equipment and
pridng associated with all types of field lighting products For various pole setbacks,base paths and foot candle ranges, Prices for lighting system equipment$hail be
based on various wind speeds(i.e.90 MPH,I10 MPH, 130 MPH)and shall include delivery and meet the most recent ISC building code requirements.
An awarded Vendor must be approved bV the manufacturer to sell,install,and service the brand of equipment submitted,Pr000ser's responding to
this Pr92o5 I Invitation should sutMit an aparovai letter frvfn each man Ufa ct u rgr. Manufacturer authorization letters must include the regions in
whichequipment may be sold.
State Percent(a/o)
Item of Discount off State Name of Exceptions to
No. Short Description Full Description Catalog/Pricelist' Catalog/pricelist" discount
Discount(°/a)Off
CatalogJPricelist far Please state the discount{n/o}off catalogJpricelist For Football Field /a
°
19 Football Field Lighting Lighting Products,Equipment and related items.
Catalog/Pricelist MUST he included or proposal will not he considered.
Products
Discount(0%)Off
atalog/Pricelist for Please state the discount(%)off catalog/pricellst For Baseball Field
C
20 asepall Field Lighting Lighting Products,Equipment and related items.
fatalti/Pricelist MUST he included or proposal will not be considered.
Products
Discount(%)Off please state the discount(%)off cataloglpricelm:for Softball Field
21 Catalog/Prl cel ist for Lighting Products,Equipment and related items.
°lo
Softball Field Lighting Cata log/Pricelist MUST be included or proposal will not he considered.
Products
Discount(%)Off Please state the discount(%)off catalog/pricelist for Soccer Field
22 Catalog/Pricellst For Lighting Products,Equipment and related items. NO
Soccer Field Lighting Cata log J Pri cel ist MUST be included or proposal will nut be considered.
Products
Discount(%)Off Please state the discount(%)off catalog/pricelist for Tennis Court
23 Catalog/Pncelist for Lighting Products,Equipment and related items. °i°
Tennis Court Lighting
Cata log�Pri eel ist MUST be included or proposal will not he considered.
Products
Discount(%)OfF
Please state the discount(0/0)off catalog/pncelist for All Other
24 Catalog/Pricelist for All Lighting Products,Equipment and related items.
Other Field Lighting Catalog IPriceiist MUST he included or proposal wilt not be considered.
Products
PROPOSAL NOTE PROPOSAL SPECIFICATION FORM
1.Catai logs/Pricelists are required to he submitted with Proposal r'agr-4❑of/1
A: yBoard'
o.v.,..n.r.Z'
Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products
(Catalogs/Price I i sts must be submitted with Proposal or Proposal will not be considered'.]
II•Re ir/Pe lacement Parts
State Percent(°/a)
Item of Discount off State Flame of Exceptions to
No. Short Descri inn Full Description CataloglPricelist' Catalog jPricelistl Discount
Discount(%)Off
Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for
25 Repair/Replacement RepairiRepiacement Parts on Parks and Recreation Products. _%
Parts an Parks and Cata log)Ph cel ist MUST be included or proposal will not be considered.
Recreation Products
Secti2n_IV. Installation and Repair Service for Park and Playground Equipment and Products-Vendors charging for installation and repair on a hourly basis
must provide the not to exceed hourly labor rate in Item 26. Vendors charging for insrakiation as a percentage of the total cost of equipment products must complete
Item 27 and provide both Vendor's detailed installation rate and the proposed percent discount off Vendor's installation rate.
Exceptions to
Item Not to E xceed Detailed Information Hourly tabor
No. Short Description Full Descri ion Hourly Labor Rate on Hourl Labor Efate Rate
Not to Exceed 'Hourly
Labor Rate for Hourly Labor Rate for Installation/Repair Service of Park and
25 Installation/Repair Playground Equipment and Products-State the Not to Exceed Hour
Service of Park and hourly labor rate for Installation/Repair Service of Equipment and
Playground Equipment Products.
and Products
State Percent —
Item of Discount off Detailed Information Exceptions to
No. Short Description Full Description Installation Rate on Installation Rate Discount
Discount(%)Off the
installation Rate for Please state the discount(%)off from the Installation Rate ONLY
27 Park and Playground of Park and Playground Equipment and Products(for labor as a
Equipment and percent(%)of the total cost of equipment/products to be installed).
Products
PROPOSAL NOTE PROPOSAL SPECIFICATION FORM
1.Cataiogs/Pricelists are required to be submitted with Proposal Page 47 of 71
AyBoard'
Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products
(Ca ta log sl PncelLsts must be submitted with Proposal or Proposal will not be considered'.]
Section V: Installation and Re air Service for Other Parks and Recreation E q u ip Inent and Products
Exceptions to
Item Not to Exceed Detailed information Hourly Labor
No. Short Rascri lion Full Description Hourly Labor Rate on Hourly tabor Rate Rate
Not to Exceed Hourly Hourly Labor Rate for Installation/Repair Service of Shade
Labor Rate for Canopies,Equipment and Products-State the Not to Exceed
28 ServiInstace
of Shade hourly labor rate for Installation�Repair Service of Equipment and Hour
Service of Shade products.
Canopies
Not to Exceed Hourly
Labor Rate For Hourly Labor Rate for Installation/Repair Service of Portable
Installation/Repair Restrooms,Park Buildings and Shelters-State the Not o $ !Hour
29 Service of Portable Exceed hourly labor rate for Installation/Repair Service of Equipment
Restrooms, Park and Products.
Buildings and Shelters
Not to Exceed Hourly
Labor Rate for Hourly Labor Rate for InstaIIationIRepair Service of Aquatic
30 Installation/Repair Playground Equipment and Products-State the Not W Exceed $ /Hour
Service of Aquatic hourly labor rate for Installation/Repair Service of Equipment and
Playground Equipment Products.
and Products
Not to Exceed Hourly
Labor Rate for
Hourly Labor Rate for Instaliation/Repair Service of Skate
31 Installation/Repair Park Equipment and Products•State the Not to Exceed hourly $ /Hour
Service of Skate Park labor rate for Installation/Repair Service of Equipment and Products.
Equipment and
Products
Not to Exceed Hourly
Labor Rate for Hourly Labor Rate far Installation]Repair Service of Water D�
32 Installation/Repair Park Equipment and Products•State the Not to Exceed hourly $Hour
Service of Water Park Equipment and labor rate for Installation/Repair Service of Equipment and Products.
Products
PROPOSAL UM PROPOSAL SPECIFIC A-" FORM
1.Cat3log5lPricel4sts are required to be submitted with Proposal Page 48 of 71
A- yBoard
Proposal Invitation No. 592-39-Parks and Recreation Equipment and Field lighting Products
(Catalo•75iPri,olists roost het Submirletl wit»Proposal or Lr[;Hi di w,il n]t t)e CorjsirjrrgA1.)
xcep`�tuns
Item Not to Exceed Detailed Information Hourly Labor
No. Short Description FUN HourlyLabor Rate on Hourl Labor Rate Rate
Not to Exceed Hourly Hourly Labor Rate for Installation/Repair Service of Lake,
Labor Rate for R;Ver and Waterway Equipment(dock floats,decking,
33 Installation/Repair Waterway barriers,buoys and markers,similar related S _ iHour
Service of Lake,River equipment.) State the Not to Excel hourly labor rate for
and Waterway Installation/Repair Service of Equipment and Products.
Equipment
Not to Exceed Hourly
Labor Rate for Hourly Labor Rate for Installation/Repair Service of outdoor
Installation/Repair +-tour
Service of Outdoor
34 Bleachers and Seating Systems-State the N t t ed hourly $ ��
labor rate for Installation/Repair Service of Equipment and Products.
Bleachers
and Seating Systems
Not to Exceed Hourly
Labor Rate for Hourly Labor Rate for Installation/Repair Service of Outdoor
35 Installation/Repair Scoreboards-State the Not to Exceed hourly labor rate for Hour
Service of Outdoor Installation/Repair Service of Equipment and Products.
Scoreboards
Not to Exceed Hourly
Labor Rate for Hourly Labor Rate for Installation Repair service of Signage
Installation/Repair products,Marquees,Similar Related Equipment-State the Nat
$ _!Hour
35 Service of Signage to
Products,Marquees, Equipment
hourly labor rate for Installation/Repair Service of
Equipment and Products,
Similar Related
Equipment
Not to Exceed Hourly
Labor Rate for
Installation/Repair Hourly Labor Rate for Installation/Repair Service of Natural
37 Service of Natural Grass Turf Removal,Tilling or Grading related to Parks and $ Hour
Grass Turf Removal, Recreation-State the Not to Exceed hourly labor rate for
Tilling or Grading InstaIlation/Repair Service of Equipment and Products.
related to Parks and
Recreation
PROPOSAL NOTE PROPOSAL SPE C1 FICATr ON FORM
t.Catalogs/PricelisLs are required to be submctted with Proposal Page 49 of 71
W.9oard'
Proposal Invitation No.592-19-Parks and Recreation Equipment and Field Lighting Products
(Cata logs/Pricelists must be submitted with Proposal or Proposal will not be considered'.
ans�o
Not to Exceed Detailed Information Hourly Labor
Hourly Labor Rate on Hourly Latrpr Rate Rate
Not to Exceed Hourly
Labor Rate for Hourly Labor Rate for Installation/Repair Service of All fop
Installation/Repair Other Park and Recreation Related Equipment and Products J rf [
38 Service of Alt Other State the N t to y p —ff--'2—.!J
Park and Recreation ¢hourf fabor rate for Instaliatiun Re air 3 Hour f
Related Equipment Service of Equipment and Products,
and Products
ffMcbon VI;Installation and Repair service for Field Lighbrig Products-Vendms:proposing to provide instaNatrvn and Repair Sena-far Wd LV*ng Products may
propose either a not-to-exceed hourly labor rate or a coefficient from ttte RSMeans Llnit Price Book,a both. A coefficient proposed should tie the price multiplier that vendor
proposes to be applied to the unit prig book(s)identified in the Proposal specifications. Coefficients shall be"net"(e.g. 1.0)or a percentage"docrease from'(e.g,0.95)or
"Increase from"(e.g. 1.21)the unit prices listed in the unit price hook. Coefficient farxors are to be carried no further than two(2)decimal places.
Exceptions to
Item Not to Exceed Detailed Information Hourly Labor
No. aftGAMEMOM Full Dwription Hourly Labor Rate on Hourly Labor Rate Rate
Not to Exceed Hourly
Labor Rate for Hourly Labor Rate for Installation/Repair Service of Field
39 Installation/Repair Lighting Products-State the Not to Exceed hourly labor rate for $ _;Hour
Service of Field Installation/Repair Service of Equipment and Products.
Lighting Products
— --DEFINE SERVICES
Proposer's Orly dHHrie the services that are propo"ed to be
prpwded and at2ch detailed infprmabon. {N9TE:IF
Item Coefficient DETAIIM]N.FORMAMU5�MirML
Mop Short ftu— on RSMeans P-RDRO-Ml. N T E )
Coefficient for Coefficient for Standard Hours as listed in RSMeans Cost Data
40 Standard Hours Book--RSMeans Cost Data from the Total INCL O&P column(most
(RSMeans) current edition).
Coefficient for Non- coefficient for Non-Standard Hours as listed in RSMeans Cost 1 4
41 Standard Hours Data Book--RSMeans Cost Data from the Total I N C L O&P column
(RSMeans) (most current edltlon),
PROPOSAL NOTE
PROPOSAL SPEC[FiCA7ION FORM
1.Catalogs/Pricelists are required to be submitted with Proposal Page 50 of 71
Exhibit C
PVBoardP.O. Box 400,Austin,Texas 78767
800.695.2919 •info@buyboard.com • buyboard.com
August 2, 2021
Sent via email to: david(fteartlandplay.com
David Barnes
Heartland Park and Recreation, Ilc
P.O. Box 505
White Oak, TX 75693
Re: Parks and Recreation Equipment and Field Lighting Products
BuyBoard Contract 592-19
The Local Government Purchasing Cooperative(BuyBoard)awarded your company a contract under Parks
and Recreation Equipment and Field Lighting Products, Contract 592-19, for which the current term is set
to expire September 30, 2021.At this time, the BuyBoard is renewing your contract through September 30,
2022. This will be the final renewal of this contract.
All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal,there
is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at
lisa.maraden@tasb.org prior to the start of the renewal term.
If you have questions or comments concerning this renewal, please contact me as soon as possible at
lisa.maraden@tasb.org. We appreciate your interest in The Local Government Purchasing Cooperative.
Sincerely,
Lisa Maraden
Contract Administrator
final renewal v.02.13.2020
Endorsed by OR® TASAV TML T,,,'
PFBoard®
Capperativehirchasing
P.O. Box 400
Austin, TX 78767-0400
600,695.2919 / 512.467,0222 J Fax:800.211,5454
buyboard.com
July 18, 2019
Sent Via Email: david@heartlandplay.com
David Barnes
Heartland Park and Recreation, Ilc
P.O. Box 505
White Oak,TX 75693
Welcome to BuyBoard!
Re: Notice of The Local Government Purchasing Cooperative Award
Proposal Name and Number: Parks and Recreation Equipment and Field Lighting Products and Installation, Proposal
No. 592-19
Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. The contract is effective 10/1/2019 through 9/30/2020, with two
possible one-year renewals.The contract documents are those identified in Section 3 of the General Terms and Conditions
of the specifications.
To view the items your company has been awarded, please review the proposal tabulation No. 592-19 on the following
web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard
contract. In addition, on this website you will find the membership list which will provide you with the names of all entities
with membership in our purchasing cooperative.
Enclosed with this letter you will find the following documents:
1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards
You are advised that receipt of a purchase order directly from a Cooperative member is not within the
guidelines of the Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation
of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all
purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to
info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase
order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD
ONLY to prevent duplication.
As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to
the start of your contract.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking
forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff
at 800-695-2919.
Sincerely,
Arturo Salinas
Department Director, Cooperative Procurement
v.6.5
The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards,
TM -AIWI
Texas Municipal league, Texas Association of Counties,and the Texas Association of School Administrators.
hoard®
%Nadona[School
Endorsedby 'NSBA' Boards Association
September 4, 2019
Sent Via Email: david@heartlandplay.com
David Barnes
Heartland Park and Recreation, Ilc
P.O. Box 505
White Oak,TX 75693
Welcome to BuyBoard!
Re: Notice of Nation/Purchasing Cooperative Piggy-Back Award
Proposal Name and Number: Parks and Recreation Equipment and Field Lighting Products and Installation, Proposal
No. 592-19
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 10/1/2019
through 9/30/2020, with two possible one-year renewals.
The National Cooperative membership list is available at our website www.buyboard.corn/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,
'4�4�
Arturo Salinas
Department Director, Cooperative Procurement
v.6.5
PO.Box 400,Austin, Texas 78767-0400
800.695.2919■buyboard.corn
D At
uCooperativeParchasing
12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-595-2919 ' FAX: 800-211-5454 • buyhoard.com
PROPOSERrS AGREEMENT AND SIGNATURE
Proposal Name: Parks and Recreation Equipment Proposal Due DatelOvenincl Date and Time:
and Field Lighting Products January 24, 2019 at 4:00 PM
Location of Proposal Opening:
Texas Association of School Boards, Inc.
BuyBoard Department
Proposal Number: 592-19 12007 Research Blvd.
Austin,TX 78759
Anticipated Cooperative Board Meeting Date:
Contract Time Period: October 1, 2019 through July 2019
September 30, 2020 with two (2) possible one-year
renewals.
g!dr# l m4(j"
Name of Proposing Company Date
�D A x 50'4T
Street Address Sig?tcre of Authorize ompany Official
i7te-dam.L, 75 9 g,.� :Iel4l �o_A6 s�
City, State, Zip Printed Name of Authorized Company Official
Telephone Number of Authorized Company Official Position or Tale of Authorized Company Official
130 -.,01 -.2 o3q -- ,Z 7-35759 95
Fax Number of Authorized Company Official Federal ID Number
Page 9 of 71
Proposal farms CdNST v.06.14.2018
ward
Cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 ' PH: 800-695-2919 ' FAX 800-211-5454 ' buvboard.com
The proposing company ("you"or"your'? hereby acknowledges and agrees as follows:
1. You have carefully examined and understand all Cooperative information and documentation associated with this
Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item
specifications, and line items(collectively"Requirements");
2. 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;
6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this
Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a
form) is authorized and has the requisite knowledge to provide the information and make the representations and
certifications required in the Requirements;
7. You have,carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate,
and you authorize the Cooperative to tame 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 bylaw.
Page 10 of 71 Proposal Fofms CONST v.06.14.2018
i Board
caoperative Purchasing
12007 Research Boulevard I Austin,Texas 78759-2439 , PH: 800-595-2919 • FAX: 800-211-5454 buyboard.com
,J ff VENDOR CONTACT INFORMATION
Company; h'ieat�ltfl� r� l� r� t�f-ia�l L,� C
Vendor Contact Name and Mailing Address for Notices: 7se-ty
Company Website: r /. �"t7jt1&,qA6r €O&
Purchase Orders: All purchase orders from Cooperative members will be available through the Internet,
Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the
Internet contact when a new purchase order arrives, An information guide will be provided to vendors to assist them
with retrieving their orders.
Please select options below for receipt of purchase orders and provide the requested information.
K2 I will use the internetto receive purchase orders at the following address.
E-mail Address: Qll/letQ�E n e41�6ldr d/A r_ CO-&
Internet Contact: J)a V1W &ttJl e S �g lase,
D 5 �5r^
Alternate E-mail Address: csSl�fe v+��+e4r7 -4Ff �dlase, e-
Alternate Internet Contact: v RQ PH d 5 Phone: q 7 S
❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer
Designation form as provided to the Cooperative administrator, I understand that my company shall remain
responsible for the Contract and the performance of all Designated Dealers under and in accordance with the
Contract.
ReQuest for Quoteg_!C"RFQn: Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses
for the receipt of RFQs: f
E-mail Address: Od V/Z/&, AC4I a�lQtJd�J!s�_ COf!
Alternate E-mail Address: 47SA
Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal
Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they
are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee
invoices and related communications:
Page 11 of 71
Proposal Foams C4NST a.06.14.Zp1$
oard
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 ' FAX: 8Od-211-5454 ' buvboard.com
Please choose only one (1] of the following options for receipt of invoices and provide the requested
information:
service fee moicess-and related communications should be provided directly to my company at:
Mailing address: & 4f4 as Department:
City, ;14i�ec �„ State: 7-K Zip Code S Q 7S Q --
_ �V�
Contact Name: _t? ke_ -1 Phone: 5
Fax: E-mail Address: _ N/'�+ ��` � tdd fry• ClJfl
Alternative E-mail Address: aSA le ov A a*"lun iljlev. cow --
❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing
agent**:
Mailing address: Department:
City: State: Zip Code:
Contact Name: Phone:
Fax: E-mail Address:
Alternative E-mail Address:
❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealers)
receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated
on my company's Dealer Designation form as provided to the Cooperative administrator.**
**If Vendor authorizes a billing agent or Designated Dealers) to receive and process service fee invoices,
In accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and
agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the
Contract including, but not limited to,payment of all service fees under any Contract awarded Vendor.
Page 12 of 71
Proposal Forms CCti1VSr v.116.14.2018
oard
Cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 , PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.com
FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION
FELONY CONVICTION DISCLOSURE
Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor)
states: "A person or business entity that enters into a contract with a school district must give advance notice to the district
if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the
conduct resulting in the conviction of a felony."
Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or
business entity if the district determines that the person or business entity failed to give notice as required by Subsection
(a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity
for services performed before the termination of the contract."
Please check (V)one of the following:
❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.)
My company is not owned or operated by anyone who has been convicted of a felony.
My company is owned/operated by the following individuals)who has/have been convicted of a felony:
Name of Felon(s):
Details of Convictions):
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.
.a o.et 1
Company Name
` 7haV Id Ra--Al z5
ature of All?,
u Ized 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.
.yid.-fl�h�/4.,4 fRC e-dtrA ,
Company Name y�
�orV gar L. A.)CC
Sigrrd ure of Au ized Company Official Printed Name
Page 13 of 71
Proposal Farms CaNST v.f]5.14,2018
Board
Cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 , PK 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com
RESIDENT/NONRESIDENT CERTIFICATION
Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who
are not Texas residents. Under the statute, a"resident"proposer is a person whose principal place of business is in Texas,
including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A
"nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident"
proposer or a"nonresident" proposer under these definitions.
Please check_f3ZL4ne of the following:
�. I certify that my company is a Resident Proposer.
❑ 1 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 Code
A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers
whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract?
❑ Yes ❑ No
B. What is the prescribed amount or percentage? $ or %
VENDOR EMPLOYMENT CERTIFICATION
Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when
determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's
ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in
Texas.
If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas,
does your company, ultimate parent company, or majority owner employ at least 500 people in Texas?
Please check one of the followincr
❑ Yes ❑ No
By signature below, I certify that the information in Sections 1 (Resident/Nonresident 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 Authorized Company Official Printed Name
Page 14 of 71
Proposal Farms CON57 v.06.14.2618
oard
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 600-595-2919• FW 800-211-5454 • buyboard.com
NO ISRAEL BOYCOTT CERTIFICATION
Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. (TEx.Gov`r Cope: 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. Gcv'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
r� r
Signature ❑f A o Company Official Printed Name
No EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION
Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may
not enter Into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist
organization - specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be
excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign
terrorist organization is not subject to the contract prohibition.)
By signature below, I certify and verify that Vendor is not on the Texas 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.
Company game
r �4 V t
Signature'of Autho ed-ebmpany Official Printed Name
Page 15 of ]S
Proposal Farms CaNST v.06.14,20I8
DwCoupoiativeParchasing
ard
12007 Research Boulevard ' Austin,Texas 78759-2439 , PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.corn
HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION
A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business
Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status
when responding to this Proposal Invitation, The electronic catalogs will indicate HUB certifications for vendors that
properly indicate and document their HUB certification on this form.
Please check (\1) all that apply_
❑ 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 2410I6 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.
Company Name
i�u v ►e ear ` Cr
Printed Name
Signature of Author ompany Official
Page 16 of 71
Proposal Farms CONST v.05.14,2018
oard�
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 ' PH: 800-595-2919 • FAX. 800-211-5454 ' buyboard.corn
CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION
A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As
explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members
("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a
purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering
services must be procured by a Cooperative member separately, in accordance with the Professional
Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local
policy.
The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that
are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services,
including those for projects that may involve or require architecture, engineering or independent testing services. A copy
of the Advisory can also be provided upon request.
By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands
the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or
services to a Cooperative member under a BuyBoard contract awarded under this Proposal 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 members purchase
order For construction-related goods or services, whichever comes first.
Company Name
Si ure of Aut 6rized Company Official ~ Printed lame
.�y ZT
-
❑ate
Page 17 of 71
Proposal Forrns CON57 v.06.14.2018
PvCooperativeftrclyasing
12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-595-2919 • FAX: 800-211-5454 • beyboard.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 checkk(,l] one of the following
No; Deviations
YeS; Deviations
List and fully explain any deviations you are submitting:
PLEASE PROVIDE THE FOLLOWING INFORMATION:
1, Shipping Via: ❑ Common Carrier ❑ Company Truck [Prepaid and Add to Invoice ❑ Other:
2. Payment Terms: Net 30 days ❑ 11/a in 10/Net 30 days ❑ Other:
3. Number of Days for Delivery: _,� �ARO
4, Vendor Reference/Quote Number. "
5. State your return policy: !n ZA--JW
/�-- XAVCk y>i O7t!f.�
6. Are electronic payments acceptable? Xyes ❑ No
7, Are credit card payments acceptable? Yes ❑ No
�e�•� rid I"d.�� ��r�r�tr�,,ct�
Company Name r�
Si ure of prized Company Official Printed Name
Page 18 of 71
Pr9ppsal Forms CONST a.06.I4,1018
Board
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 , PH; 800-695-2919 • FAX: 800-211-5454•buybeard.com
LOCATION / AUTHORIZED SELLER _LISTINGS
If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation,
please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary.
NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders,
and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the
Contract. If you are a product manufacturer and wish to designate designated Dealers as defined in the General Terms
and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer
Designated Dealer form.
Company Name
Address
City State zip
Phone Number Fax Number
Contact Person
Company Name
Address
City State Zip
Phone Number Fax Number
Contact Person
Page 19 of 71
Proposal Farms CONST v.06.14.2018
Board
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX: 800-211-5454 ' buyboard.com
MANUFACTURER DEALER DESIGNATION
If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple
dealers ("Designated Dealers") to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete
this form for each dealer you wish to designate.
Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such
designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any
obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor
or any Designated Dealer. in accordance with the General Terms and Conditions, an awarded Vendor shall remain
responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's
Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder,
including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees.
If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard
system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor
with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process
such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to
a Designated Dealer for processing.
The Cooperative reserves the right, In its sole discretion, to refuse addition of, or request removal of, any Designated
Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise
acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or
suspend any or all Designated Dealers from the BuyBoard at any time in its sole 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
Designated Dealer Address
City State Zip
Phone Number Fax Number
Email address Designated Dealer Tax ID Number* (*attach W-9)
Designated Dealer Contact Person
Your Company Name Signature of Authorized Company Official
Page 20 of 71
PropOSaf Forms CONST v.46,14,2418
Board
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
TEXAS REGIONAL SERVICE DESIGNATION
The Cooperative (referred to as"Texas Cooperative"in this form and in the State Service designation form) offers vendors
the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas
Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to
serve different regions for different products or services included in your proposal, you must complete and
submit a separate Texas Regional Service Designation form for each group of products and clearly indicate
the products or services to which the designation applies in the space provided at the end of this form. By
designating a region or regions, you are certifying that you are authorized and willing to provide the
proposed products and services in those regions. Designating regions in which you are either unable or
unwilling to provide the specified products and services shall be grounds for either rejection of your
proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative
members (i.e., if you will service only states other than Texas), you must so indicate on this form.
Regional Education Service Centers . I will service Texas
Cooperative members
statewide.
❑ I will not service Texas
Cooperative members
statewide. I will only
service members in the
�-�- ^•;- - - regions checked below:
i� Reckon Headquarters
_ ❑ 1 Edinburg
- E a,—• -� ❑ 2 Corpus Christi
❑ 3 Victoria
19 _ _ _� f �, „� ❑ 4 Houston
�� ` i j� r ❑ 5 Beaumont
j _ ! �- ❑ 6 Huntsville
,. ' ' ❑ 7 Kilgore
.� "- ❑ 8 Mount Pleasant
S ' _� ,� ❑ 9 Wichita Falls
yT �+' ❑ 10 Richardson
❑ 11 Fort Worth
��. :-;,�. ❑ 17 Waco
� ❑ 13 Austin
�� = w- ❑ 14 Abilene
❑ 15 San Angelo
"-_- ❑ 16 Amarillo
❑ 17 Lubbock
� � I�����t/'ar.�t�im�s. __ ❑ 18 Midland
Company Name ❑ 19 El Paso
❑ 20 San Antonio
arialure o Aut or Company Official
a Rl'.."yeC ❑ I will not service members
Printed Name of the Texas Cooperative.
Page 21 of 7!
Proposal Forms CONST v.06.14.2018
Oarde
cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 ' PH: 800-695-2919 ' FAX: 800-211-5454 • boboard.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 22 of 71
Proposal Forms coNST v.05.14.2018
Beard
Cooperative Purchasing
12007 Research Boulevard • Austin, Texas 78759-2439 , PH: 800-595-2919 ' FAX; 800-211-5454 • buyboard.com
STATE SERVICE DESIGNATION
The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including
intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete
this form if you plan to service the entire United States, or will service only the specific states indicated, (Note:If you plan
to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation forma
If you serve different states for different products or services included in your proposal, you must complete
and submit a separate State Service Designation form for each group of products and clearly indicate the
products or services to which the designation applies in the space provided at the end of this form. By
designating a state or states, you are certifying that you are authorized and willing to provide the proposed
products and services in those states. Designating states in which you are either unable or unwilling to
provide the specified products and services shall be grounds for either rejection of your proposal or, if
awarded, termination of your Contract.
Please check (N/) all that apply:
❑ I will service ail states in the United States.
I wili not service all states in the United States. I will service only the states checked below:
❑ Alabama
❑ Alaska ❑ Nebraska
❑ Arizona ❑ Nevada
K Arkansas ❑ New Hampshire
❑ California (Public Contract Code 20118 & 20652) ❑ New Jersey
❑ Colorado 54 New Mexico
❑ Connecticut ❑ New York
❑ Delaware ❑ North Carolina
❑ District of Columbia ❑ North Dakota
❑ Florida ❑ Ohio
❑ Georgia Nregon
klahoma
❑ Hawaii
❑ Idaho ❑ Pennsylvania
❑ Illinois ❑ Rhode Island
❑ Indiana ❑ South Carolina
❑ Iowa ❑ South Dakota
❑ Kansas ❑Tennessee
❑ Kentucky Texas
❑ Louisiana Utah
❑ Maine ❑ Vermont
❑ Maryland ❑ Virginia
❑ Massachusetts ❑ Washington
❑ Michigan ❑ West Virginia
❑ Minnesota ❑ Wisconsin
❑ Mississippi ❑ Wyoming
❑ Missouri
❑ Montana
Page 23 of 71
Proposal Forms CONST v.06.14.2018
Board
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard.com
This form will be used to ensure that you can service other governmental entities throughout the United States as
indicated. Your signature Below confirms that you understand your service commitments during the term of a
contract awarded under this proposal. // •�
Company Name
C r oe+a i
Sign cb of Author d Company❑ idal Printed Name
If this State Service Designation form applies to only one or some of the products and services proposed by Vendor,
list the products and services to which this form applies here:
Page 24 of 71
Proposal Forms CONST v.06.14.2018
Board
Cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 , PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.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 cooperative formed by certain school districts outside of Texas to serve its members
throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing
Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states
you have indicated on the State Service Designation form, in your Proposal.
By signing this form, Proposer(referred to in this Agreement as "Vendor") agrees as follows,
1. Vendor acknowledges that if The Local Government Purchasing Cooperative ["Texas Cooperative") awards Vendor a
contract under this Proposal 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.
z. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator
("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the
effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as
authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of
Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor, Vendor further agrees that no
interlineations or changes to this Agreement by Vendor 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.
S. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of
purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to
National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon
request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative
members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall
have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National
Cooperative members in order to verify the accuracy of service fees.
6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the
fullest extent such provisions can reasonably apply to the post-proposal/contract award phase, The rights and
responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to
National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying
Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the
only parties to this Agreement, and that nothing In this Agreement has application to other third parties, including the
Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of
this Agreement shall control, and then only to the extent necessary to reconcile the conflict.
Proposal rbrrns CONST v.06.14.2018
Page 25 of 71
Board
Cooperative Purchasing
12007 Research Boulevard ' Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.com
7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue
for any dispute shall he 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.
lca+~-4-iars �orl��e.- -���rr.��f,av,G4t- Cl
Name of Vendor Proposal Invitation Number
—DIM v L194 18Arle-jury
S re of Au or d Company Official Printed Name of Authorized Company Official
Date
Proposal Forms CQNS7 v.06.14.2018
Page 26 of 71
s oard
Cooperative Purchasing
12007 Research Boulevard ' Austin, Texas 78759-2439 PH; 800-595-2919 ' FAX: 800-211-5454 ' buyboard.com
FEDERAL AND aATE
I PURCHASING COOPERATIVE EXPERIENCE
The Cooperative strives to provide its members with the best services and products at the best prices available from
vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions.
1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or
market price during the previous 12-month period or the last fiscal year: $LI5' 1-qo" (The period of the 12
month period is �z� t_). In the event that a dollar value is an appropriate measure of the sales,
provide and describe your own measure of the sales of the item(s).
2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the
Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items
under equivalent circumstances.
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.
CURRENT FORMER VENDOR (Y/N)? — AWARDED
PURCHASING VENDOR? COMMODITY
GROUPVENDOR O.
1. Federal General Services Administration
2. T-PASS(state of Texas)
3. U.S. Communities Purchasing Alliance
4. National IPA/TCPN
5. Houston-Galveston Area Council (HGAQ
5. National Joint Powers Alliance(NJPA)
7. E&I Cooperative
8. The Interlocal Purchasing System (TIPS)
9. Other
❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS.
CURRENT BUYBOARD VENDORS
If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the
discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between
your current and proposed discounts.
Current Discount[°Ia}: Proposed Discount(0/6):
Explanation:
Proposal Forms CONST V.06.K2018
Page 27 of 71
Board
Cooperative Purchasing
12007 Research Boulevard ' Austin, Texas 78759-2439 - PH, 800-595-2919 • FAX: 800-211-5454 • buyboard.com
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to
make this certification.
Company Name .�u of SA2 rIIIG�'
nature o orized Company QfFclal Printed Name
Proposal forms CONST v.06.14.2018
Page 28 of 71
ward`
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 ' buyboard.com
GOVERNMENTAL. REFERENCES
For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The
Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information
requested below, including the existing price discounts you offer each customer. The Cooperative may determine whether
prices discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts
you offer other governmental customers. Attach additional pages if necessary.
Quantity/
Entity Name Contact Phone# Email Address Discount Volume
CI►wr0 C Ord e,Kwy 4 t
����*� 4c�3-Ps6-31�1T ,�w�rx.x Jrlo Za�x_p�2
IoA
Sl.ivr� Laso4p—
1,r�D.a14�
2. Vu Wroju phi° �O.W,jte - 11 d Jr 9a �4 D4
C sx fsN e—
e if yW Wji 0sask•eak
3.C 0-M 'f L.,y-L 90 3 — Sin 10000{ 000
1?9-954 - 46 z r 59a
lgivoicUanog 9;JPw,&fw4x.V1va
to
30-393 - 310 5
Do you ever modify your written polities or standard governmental sales practices as identified in the above chart to give
better discounts (lower prices) than indicated? YES;4 NO ❑ If YES, please explain:
By signature below, I certify that the above is true and correct and that I am authorized by my company to make this
certification.
c� Lam_
Company Name
Signal of Auth nz Company Official
f*41
Printed Name
Proposal Farms CONST v.06.14.2018
Page 29 of 71
Board
Cooperative Purchasing
12007 Research Boulevard 'Austin,Texas 78759-2439 PH: 800-595-2919 ' FAX: 800-211-5454 • bu boom
MARKETING STRATEGY
For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or
part or your Pro osaI, (Examp(e; Explain how your company Will initially inform Cooperative members of your BuyBoa►O
contract, an�ill coonue to support the euysoard for the duration of the contract period.)
Attach additional pages if necessary.
Company Name
ure of Aut orixed pany(5fflciai
hoV f.1 13,
Printed Name
Proposal Forms CONST v.05.14,2018
Page 30 of 71
ward�
wooperat►ve Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 PH: 800-695-2919 ' FAX: 800•211-5454 • buftard.corn
CONFIDENTIAL]PROPRIETARY INFORMATION
A. Public Disclosure Laws
All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this
Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public
Information Act {Texas Government Code chapter 552.001, et seq.} or similar disclosure law. Proposer must clearly
identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the
Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the
Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a
member of the public or other third party request access to the information under the Texas Public Information Act or
similar disclosure law. Proposer will be notified of any third parry request For information in a Proposal that Proposer has
identified in this form as proprietary or confidential.
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information
which Vendor considers proprietary or confidential?
Please check tyIl one of the followin4:
NO, I certify that none of the information included with this Proposal is considered confidential or proprietary.
❑ YES.I certify that this Proposal contains information considered confidential or proprietary and all such information is
specifically identified an 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 1 Proprietary Information;
(Attach additional sheets if needed)
Proposal Forms CONST v,06AUD18
Page 31 of 7 t
PFBoard
C00perativaPorchasing
12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • huyboard,corn
S. Copyright Information
Does your Proposal (including Forms, documentation, or other materials submitted with the Proposal) contain copyright
information?
Pl.e se check n of the foli win
❑� NO, Proposal (including forms,documentation, or other materials submitted with the Proposal)does not
contain copyright information.
❑ YES, Proposal (including forms, documentation,or other materials submitted with the Proposal) does
contain copyright information.
If you responded "YES', Identify below the specific documents or pages containing copyright information.
Copyright Information:
(Attach additional sheets if needed 1
C.Consent to Release ConfidentiallProprietarylCnpyrinht Information to BuyBoard Members
BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to
view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential,
proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract
award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such
information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be
responsible for the use or distribution of information by BuyBoard members or any other party.
Q.Consent to Release Proposal Tabulation
Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal,
Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the
public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed
catalog/pricehst name(s); proposed percentage dlscount(s), hourly labor rate(s), or other specified pricing; and Vendor
award or non-award information.
By signature below, I certify that the information In this form is true, complete, and accurate and that I am authorized by
my company to/make this certification and all consents and agreements contained herein.
Company Name
5ignature of Aut zed Company Official
-7bovid
►'-
Printed Name
Date
Proposal Forms CCNST v.06,14,2018
Page 32 of 71
Board m
C
iooperativee Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' u board.�om
VENDOR BUSINESS NAME
By submitting a proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must
be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and
accurately provide the information requested below or your Proposal may be deemed non-responsive.
19
Name of Proposing Company:
(t/st the L+�l name of the company seeking to corrtraet with the Cooperative. Do Ivor list an assumed name,dba,aka,etc here. Such information may
be provided below. if you are submitting a joint proposal with another entity to provide the same proposed goads or services, each submitting entity
should complete a separate vendor information form. Separately operating legal business entities, even if alt5hated entities, which propose to provide
goods or services separately must submit their own Proposals.J
Please check one of the fOHOWIn
Type of Business;
Individual/Sole Proprietor
Corporation
Limited Liability company
Partnership
other If other, identify —
State of Incorporation (if applicable):
Federal Employer Identification Number: 7 35 75 H-5---
(Vendor must include a completed JftSj46J farm w1th their proposal)
List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Wrote; If different than the Name of
Propos ng Company listed above, only valid trade names(dba, aka, etc.]of the Proposigg Company may be used and a copy of your Assumed Name
CertifGate(s),if applicable,most be attached.)
r C
Proposal Forms CONSr v.M.14.201a
Page 33 of 71
�� Request for Taxpayer Give Form to the
F w pctober2o113) Identification Number and Certification requester.Do not
send to the IRS.
�epartrrralt os the Treasury ■Go to WwW.rrs V1FvrmW9 for instructions and the latest information.
Internal Revenue 5arviee �
i Name(as shown on your Income tax res um.}-Name is requ,re0 on MIS isle.da not leave this line[Hank.
Heartland Park and Recreation, LLC
2 Business name/disregarded entity name.if different from above
m 3 Check appropriate ttox for foderai tax cfassftatian of the person whose name rs entered onto*1.Check OMY One of the A Exemoians(codes nPPIY GnJY to
fallgwirlg seven[taxes. certain entities,not individuals;see
CL instructions on page 3):
G ❑ Individua4'sale proprietor or ❑ G Corporation ❑S Oor a tion ❑ Partnership ❑TrustleslMe
o Exempt pay any)
c single member LLC code
6 ❑J Limited liability rompary.Enter the tax classification(C-C corporation.S=S corporation.P-Panrwship)■ P
` [tote;Check the appropriate box in the fine above for the tax ciassifteatfon of the sing€eiriember owner. do not check Exemption tram FATCA report V
a
LLC i}the Lid i3 classified as asingle-member LLC trr3i is disregarded from the owner unless the owner of the I.f_C is code(if ar+Y)
0. n another LLC that is not disregarded from the owner for 11.S.federal tax purposes.Olhervnse,a sirgie-member LLC that
is disregarded from the owner should check the app npr ate box for the tax atassifseation of its owner.
❑ other Isee instn.resiansl■ rAwves���rfl.,.��.e»v.si
N b Address(number,street,and apt-or suite no.)See insirtrclions. Requester's name and address ioptktnat
P.O. Box 505
6 Clty,state,and ZIP code
White Oak,Texas 75693
7 List account number($)here roptranaly
■ Taxpayer identification Number[TIN
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social occur[)nu`r'm
backup withholding.For individuals,this is generally yournst security number(SSN.However,fora
ntity
resident alien,Sole proprietor,or disregarded e see the
instructions for Part I,later.For other
entities,it is your employer identification number(EIN),If you do not have a number,see Hose to get a
or
77N,later.
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and 1 rrygOyer tdertSHlcation ntmlbor
Number To Give the Requester for guidelines on whose number to enter- _ Q[
Certification )
Under penalties of perjury.I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me).and
2.1 am not subject to backup withholding because.(a)f am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am suboal 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.citizens or other U.S.person(defined below);and
4.The FATCA codes)entered on this form(if any)indicating that 1 am exempt.from FATCA reporting is correct.
Cerdfication in structl ons.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup w thhokling because
you have falled to report all interest and dividends on your tax return-For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contribuFions to an individual retirement arrangement{lRA),and generally,payments
other than interest and dividends you not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later-
$I�n Signature of
Here us.person■ Date I- (((
General Instructions Form 1o9s-DIV{divdends,mcLudin those from stacks or mutual
funds)
Section references are to the internal Revenue Code unless otherwise .Form I0%_MiSC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developmlents.For the latest information about developments e Form,099.8(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.goulFormW9. •Form 1099-S(proceeds from real estate transactions)
Purpose of Form ■Form 1D99-K(merchant card and third party network transactions)
An individual or entity(Fours W-9 requester)who is required to file an ■Form 1098{home mortgage int erest),1 098-E(studant loan interest),
Information ralum with the IRS must obtain your correct taxpayer 1096-7(tuftion)
identification number MN)which may be,your social security number •Form 1099-C(canceled debt)
(SSN),Individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number only Use Form W-9 if u are a U.S.person(including a resident
(ElN),to report on an information return the amount paid to you,or other h Yo
amount reportable on an information return.Examples of information alien),to prcmde your Correct TIN.
returns include,but are not limited to.the following. It you do not return Form W-9 to the requester with a TIN,you might
•Form 1 D994NT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat-No.10231 X Form W-9(Rev-t 0-201s)
DCooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 8OD-695-2919 • FAX: 800-211-5454 • bu boar ,corn
EDGAR VENDOR CERTIFICATION
(2 CFR Part 200 and Appendix II)
When a Cooperative member seeks to procure goods and services using funds under a Federal grant or contract, specific
federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited
to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR). Alf Vendors submitting
proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain
requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This
completed Form will be made available to Cooperative members for their use while considering their purchasing options
when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in
addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs,
including contract requirements for a procurement using federal grants or contracts.
For each of the items below, Vendor should certify Vendor's agreement and ability to comply, inhere
applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign
the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative
will consider and may list the Vendor's response on the BuyBoard as "NO,'the Vendor is unable or unwilling
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 U5C 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
delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's
return policy. If the Cooperative member has paid vendor for goods or services not yet provided as of the date of
termination, Vendor shall immediately refund such payment(5).
IF an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the
manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order,
ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall
control.
Page 34 of 71 Proposal Forms CONST U,06.14.2018
Board
Cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 PH: 800-695-2919 ' FAX: 800-211-5454 ' buvbo�rd.com
3. Equal Employment Opportunity:
Except as otherwise provides! 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 deerned 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 con ply 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 $2,00, 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.c-ov. 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'7. 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.
S. 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 wont 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 intelli ence,
6. Right to Inventions Made Linder a Contract or Agreement:
If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance or experimental, developmental, or research work under that"funding
agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
Proposal Forms CONST v.M14.2018
Page 35 of 71
R Board
Cooperative Purchasing
12007 Research Boulevard - Austin, Texas 78759-2439 PH: 800-695-2919 - FAX: 800-211-5454'tm ard.rmm
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 most 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.
S. 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 is debarred,
suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
9. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must File the
required certification. Each tier certifies to the tier above that It will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and
otherwise comply with the Byrd Anti-Lobb 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 $i.5o,000, a Cooperative member may be required to negotiate profit as a
separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to
provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a
particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative
member shall not exceed the awarded pricing, Including any applicable discount, under Vendor's Cooperative Contract.
Proposal Forms CONST v.06.14.2018
Page 36 of 71
�aard®
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454• bu boar .tom
12. General Compliance and Cooperation with Cooperative Members:
In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative
member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy
such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to,
applicable recordkeeping and record retention requirements.
Vendor Certification.
YES, I agree or
Vendor Certification Item No. NO, I do NOT agree Initial
1. Vendor Violation or Breach of Contract Terms
2. Termination for Cause or Convenience
3. Equal Employment Opportunity
4. Davis-Bacon Act
5. Contract Work Hours and Safety Standards Act
6. Right to Inventions Made Under a Contract or Agreement
G
7. Clean Air Act and Federal Water Pollution Control Act
8. Debarment and Suspension
♦e
9. Byrd Anti-Lobbying Amendment
10. Procurement of Recovered Materials G
11, Profit as a Separate Element of Price
12. General Compliance and Cooperation with Cooperative Members
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by
my company to make this certification and all consents and agreements contained herein.
Company Name
Si re of Al d Company Official
zj N rA1 e-
Printed Name
Proposal Farms CONST v.06.14.2018
Page 37 of 71
oard°
■
Cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.com
PROPOSAL INVITATION QUESTIONNAIRE
The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial
resources to provide the goods and perform the servlces ["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/numt3ers below. Proposers must complete below or attach your responses to this questionnaire, sign where
indicated below, and submit the signed questionnaire and your responses to all questions in one document with your
Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will
not be considered.
1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your
company is currently for sale or involved in any transaction that would significantly alter its business or result in
acquisition by another entity.
r
2. Describe Proposer's direct experience (not as a subcontractor) performing the work proposed under this contract.
Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and
include for each the project name, scope, value, and date, and the name of the procuring government entity and entity
contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract.
,�rt e�5+� dl4a:r.r_-� �l_����n���■]i,�� af! �� R—���f,✓le��
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3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this
Contract. State the number and summarize the experience of company personnel who may be utilized for the Work,
including those who will be available to Cooperative members for assistance with project development, technical issues,
and product selection for Work associated with this Contract.
Proposal Forms CONST v.06.14XIS
Page 38 of 71
DuBeard
CcuperativePurchasiny
12007 Research Boulevard •Austin, Texas 78759-2439 ' PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.c�m
4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the
Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act).
If you are performing work under the contract on a project that requires the services of an architect or professional
engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to
services that must be procured outside the contract?
� r
C
5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or
other third party.
a �D .tom w c
6. Describe Proposer's financial capability to perform the Contract. State or describe the fiirm'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.
rye
7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or Financing
agreement? If so, provide detailed information on the nature of such items and prospects for resolution.
Page 39 of 71 Proposal Forms CONST v.06,14,2018
Board
Cooperative Purchasing
12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.c9rn
8. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or
that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in
regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date
and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to
complete or deliver the work, or termination.
9. List all litigation or other legal proceedings (Including arbitration proceedings and/or claims filed with a surety in
regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's
past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises
from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit
or proceeding (name of parties and court or tribunal in which fled), if applicable, nature of the claim, and resolution or
current status.
10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the
long-term performance and structural strength of the products to be used in a project under the Contract.
11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company
or surety that will issue such bonds.
Proposal Forms CON57 v.06.14.2018
Page 40 of 71
PFBoard®
Cooperative Purchasii?y
12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 - FAX: 800-211-5454 •buyboard_com
12. Describe in detail all documented safety issues, if any, that have involved Proposer in the last three(3) years related to
the type of work contemplated under this contract. Provide a 3-year history of your firm's workers compensation
experience modifier.
By signature below, I certify that the information contained in and/or attached to this Proposal Invitation
Questionnaire in response to the above questions is true and correct and that I am authorized by my
company to make this certification.
Company Name
5ignaturf�of Autha ed Company Official
Proposal Forms CONST v.M14,2018
Page 41 of 71
oard�
cooperative Purchasing
12007 Research Boulevard - Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX: 800-211-5454 • hu boar .c9m
REQUIRED FORMS CHECKLIST
(Please check(d)the Fallowing)
Y Completed: Proposers Agreement and Signature
[/f Completed: Vendor Contact Information
EX Completed: Felony Conviction Disclosure and Debarment Certification
Completed: Resident/Nonresident Certification
[� Completed: No Israel Boycott Certification
2r Completed: No Excluded Nation or Foreign Terrorist Organization Certification
Completed: Historically Underutilized Business (HUB) Certification)
[]� Completed: Construction Related Goods and Services Affirmation
[ Completed: Deviation/Compliance
Completed: Location/Authorized Seller Listings
VCompleted: Manufacturer Dealer Designation
6 l Completed:eted: Texas Regional Service Designation
[I completed: State Service Designation
[ Completed: National Purchasing Cooperative Vendor Award Agreement
Completed: Federal and State/Purchasing Cooperative Experience
Completed: Governmental References
Completed: Marketing Strategy
[� Completed: Confidential/Proprietary Information
[�( Completed: Vendor Business Name with IRS Form W-9
L�J Completed: EDGAR Vendor Certification
Completed: Proposal Invitation Questionnaire
Cornplet_ed: Required Forms Checklist
Completed: Proposal Specification Form with Catalogs/PriceIists and Manufacturer
Authorization Letters
mrlst be ZtM&M VA�'+XWaWp-*Wm a nrmWom t+f mt be
Proposal Forms CONST v.06.14.2018
Page 42 of 71
PLJ,nkYC0RI2:w`
play&park Suidoing communities rnrough pksy d fecreallov-
AKeures
1-24-2019
Heartland Park and Recreation
To Whom it Concerns,
This letter serves to endorse Heartland Park and Recreation as a factory certified installer and
distributer for Play and Park Structures and Big Toys playground equipment and an approved
installer for UltraPlay and Freenotes.
About Play& Park Structures
What sets Play & Park Structures apart from other companies is the ability to deliver a boutique
experience with the backing of the largest playground manufacturer in the world. Focusing on
fact-based research coupled with observing and studying how children play informs every aspect
of our component and product design, helping to create the ultimate play experience that keeps
kids and parents coming back time and time, and time again.
Why Play & Park Structures?
Pfay & Park Structures knows that playgrounds are an integral part of childhood development. We
strive to provide high quality products that inspire children's imaginations and creativity through
innovation and superior product design.
Our design team continually advances the concept of play through unique designs, including
traditional post and platform playgrounds, deckless, continuous-play structures, as well as nature
inspired playgrounds.
We have an appropriate play solution for a full spectrum of needs and aesthetics, including parks,
schools, early childhood centers, churches, and community centers. Whether your project Calls for
a traditional playground or creatively themed play, the variety of styles and materials offered
allows you to choose the perfect playground to complement your vision.
Play& Park Structures created the first Outdoor Creative Play & Learning System that brings
standards-based activities to the playground and outdoor environments to support chifdren's
physical and mental development. Playground manufacturing plant with over 400,000 square
foot in manufacturing and distribution, our facility is equipped to handle orders of large or small
quantities with a typica3 lead time of 24 to 45 days.
Access to a world-class manufacturing facility that is ISO 9001 and 14001 certified to meet all
industry standards Committed to meeting and/or exceeding ASTM safety standards to help Create
safer play environments for children. The industry's hest warranty, providing protection and
assurance for your playground investment
About Our Parent Company
P1ayCore is a purpose driven Company committed to building stronger communities around the
world by advancing play and recreation. The company infuses scholarly learning, through its
Center for Outreach, Research, and Education, into its comprehensive family of brands. PlayCore
combines best-in-class educational programming with the most comprehensive portfolio of play
and recreation products and services to create tai#ored solutions that match the unique needs of
each community served.
Heartland Park and Recreation is also an installer and distributer for our other PloyCore product
lines -Big Toys Playground Equipment, Freenotes Harmony Park, and UltroPlay.
If anything else is needed or any questions remain please contact me anytime.
Rega rds,
Matt Mitchell
Director of Sales Administration
Specialty Play Group
LAYC 0 R F
544 Chestnut Street
Chattanooga,TN 37402
Office: 423-425-3165
Cell: 865-SS6-5910
mmitchell@olaycore.com
www.plaVcore.com
Heartland Park and Recreation Contracting Products Available for Sale
Freenotes
BigToyg armany
Park,.-
play&park
ArUctures
piec, .
wate r Ia
Thursday January 24, 2019
Attention to: David Barnes, Heartland Park& Recreation, LLC
Re: Buy Board bid 2019
1908 E. US Hwy 80
White Oak,TX 75693
Dear Mr. Barnes,
This letter confirms that Heartland Park and Recreation is an authorized dealer and certified installer for
Waterplay Solutions play equipment and mechanical systems.
Should you have any questions regarding this matter,feel free to contact me directly per my contact details
below.
Thank you.
Sincerely,
Kyle Rieger, CPO
Waterpiay Solutions Corp. • Worldwide provider of aquatic play solutions
Territory Development Manager • p 250.71.2,3393 ext 140 • tf 800.590.5552 t 250.861.4814
Kyl e.rieger@waterpl_ay_.com
r
Waterplay solutiohs Corp I 1451b ells street, kelowna, b itish columbia, ca da 2 3
p 250.71 2.3393 tf 800,590.5552 r: info@waterplay.com { w w w .w di P r p 1 a` o m
N114 .t
1000-
Rubber 1499
1.75" c 12.10
2.25" s 12.87
2,5" S 13.47
3 5 14.68
3.5" a 17.3a
Qualifications:
Prices do not include sales tax.
Prices do not include union or prevailing wages.
Prices do not include freight or shipping.
Prices do not include security of site during installation and curing timeframe.
Prices do not include payment or performance bonds.
Prices do not include dumpster.
Payment Terms:
Net 30
General Conditions:
Prices are based on standard color blends of 50% Standard Color 1 50% Black.
Standard Colors are: Tan, Blue, Terra Cotto Red and Green
Deduct $0.8515f for 100% Black
Add $1 .501sf for 100% color blends.
No Fault sport Group, LLC a 3112 Valley Creek Drive Suite C n Baton Rouge 70808
January 24, 2019
The Local Government Purchasing Cooperative
Attn: Director of Cooperative Procurement
127007 Research Blvd.
Austin,Texas 78759
To Whom It May Concern:
This letter is to inform you that Heartland Recreations Is authorized to sell, install and service No
Fault Surfacing Products in Texas, statewide.
We appreciate any business opportunities available. Please let me know if I may assist you further.
Sincerely,
Beth Johnson
NO FAULT SPORT GROUP,LLC
Account Manager
No Fault Sporti Drive Suite C Baton i
i
Exhibit D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
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.
11J Name of vendor who has a business relationship with local governmental entity.
�faowA V o-w f e b04 LLLI 1
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
4 Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO 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 FX 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?
F7 Yes Ex No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
6
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7 q- 21- 2-1-
4igne of v or doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11t12{i211
10/7/21,4:29 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoT+ n
DATE: 9/28/2021 REFERENCE**M&C 21- LOG NAME: 13PAMEND COOP PLAYGROUND
NO.: 0751 EQUIPMENT BB PARD LH
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize an Amendment to the Playground Equipment Mayor and Council
Communication 20-0151 to Add an Additional Vendor, Heartland Park& Recreation, using
BuyBoard 592-19 by Reducing Webuild Fun Funds by $20,000.00
RECOMMENDATION:
It is recommended that City Council authorize an amendment to the Mayor and Council
Communication 20-0151, Purchase Agreements with Multiple Vendors for Recreation Equipment and
Field Lighting Products Using a Cooperative Contract to add an additional vendor, Heartland Park &
Recreation, using BuyBoard 592-19.
DISCUSSION:
On March 17, 2020, the City Council approved Mayor and Council Communication (M&C 20-0151) to
Authorize Purchase Agreements with Multiple Vendors for Recreation Equipment and Field Lighting
Products Using a Cooperative Contract for the Parks & Recreation Department in the Combined
Annual Amount Up to $750,000.00 and Authorize Two Annual Renewal Options (ALL COUNCIL
DISTRICTS). The funds were allocated between 12 vendors using BB 592-19.
Since March 2020, the Park and Recreation Department has acquired West Fort Ranch Park and
Chisholm Trail Park. The playground's equipment is in need of repairs and replacement parts. Both of
the parks original equipment is manufactured by Heartland Park and Recreations (a participating
vendor of BuyBoard contract 592-19). PARD has asked Purchasing to include Heartland Park and
Recreations in M&C 20-0151 as a vendor to purchase parts that will be installed by the PARD Small
Capital Projects Crews (SCPC) and maintenance staff.
Staff recommends ammending M&C 21-0151 to include Heartland Park& Recreations. No additional
spending authority is needed. Funds will be allocated to various vendors as needed.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a
Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the items. BuyBoard contracts have been competitively bid to
increase and simplify the purchasing power of government entities. BuyBoard conducted competitive
bidding for the Contract 591-19 during January 2019.
OFFICE OF BUSINESS EQUITY- A Business Equity goal is not assigned when purchasing from an
approved purchasing cooperative or public entity.
AGREEMENT TERMS —This agreement will commence upon City Council approval, and end
September 30, 2022 to coincide with BuyBoard contract No. 592-19.
RENEWAL OPTIONS - The BuyBoard Agreement may be renewed at the City's option for one
additional one-year term if BuyBoard renews its contract. This action does not require specific City
Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's
obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and award of the
contract, funds are available in the current operating and capital budgets, as appropriated, of
the General and Capital Project Funds. Prior to any expenditure being incurred, the Park&
Recreation Department has the responsibility to validate the availability of funds.
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29299&counciIdate=9/28/2021 1/2
10/7/21,4:29 PM M&C Review
BQN\\
TO
Fund I Department Account Project Program Activity Budget Reference # Amount l
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Laurena Hamilton (8321)
ATTACHMENTS
a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=29299&cou nci Idate=9/28/2021 2/2