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HomeMy WebLinkAboutContract 56478 FORT WORTH CSC No. 56478 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Playground Solutions of Texas, Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A—Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B— Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and 4. Exhibit C— Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Ten Thousand Dollars ($10,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be for one year beginning on October 01, 2021 and ending on September 30, 2022 with no remaining renewals. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: To VENDOR: City of Fort Worth Playground Solutions of Texas, Inc. Attn: Valarie Washington, Assistant City Mike Howerton, Operations Manager Manager PO Box 92458 200 Texas Street Southlake,TX 76092 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: ValerieWashington(Oct 14,202119:23 CDT) responsible for the monitoring and administration Name: Valarie Washington of this contract,including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Oct 14,2021 APPROVAL RECOMMENDED: By: Name:Scott Penn Title: District Superintendent By: Richard Zavala(Oct 12,202115:15 CDT) APPROVED AS TO FORM AND LEGALITY: Name:Richard Zavala Title: Park&Recreation Director ,00vvnn�� /W�iY_— aa ATTEST: ��� �Rt*oadA By: Nico Arias(Oct14,202116:04CDT) o oho°° 1. Name: Nico Arias ° a° Title: Assistant City Attorney Q o° °°a�c oa 000000° a By: 4 CONTRACT AUTHORIZATION: Name: Ronald P. Gonzales M&C: 20-0151 Title: City Secretary VENDOR: Playground Solutions of Texas,Inc. ATTEST: By: Name: Christina Jones By: Title: President Name: Title: OFFICIAL RECORD Date: 9/16/2021 CITY SECRETARY FT. WORTH, TX Exhibit A Board` Coopeiafive Purchasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelistl must be submitted with Proposal or Proposal will not be considered'.) NOTE 1:Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or proposal may not be considered: EManufacturers shall be listed in alphabetical order []Vendor's must list one specific percentage discount for each Manufacturer listed. If a vendor's response to Proposal Specification 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. NOTE 2:Vendors proposing must be approved by the manufacturer to sell,install,and service the brand of equipment submitted.Proposer's responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. Section I:Park Equipment,Products,and Supplies State Percent(%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount(%)Off Playground Solutions of Texa ,Inc. Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Park and O o yg 1 Park and Playground Playground Equipment,Attachments,and Accessories. _ 10/o _/o Catalog/Pricelist MUST be included or proposal will not be considered. Equipment Discount(%)Off Playground Solutions of Texas, c. Please state the discount(%)off catalog/pricelist for Park and Z Catalog/Pricelist for Playground Sports Equipment. Catalog/Pricelist MUST be included or _ 10% _0/0 Park and Playground proposal will not be considered. Sports Equipment Discount(%)Off Please state the discount(%)off catalog/pricelist for Park and Playground Solutions of Texas,I ic. 3 Catalog/Pricelist for Playground Amenities(tables,benches,litter receptacles and _ 10% Park and Playground similar related equipment). Catalog/Price list 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 Park and Playground Accessories. Catalog/Pricelist MUST be included or proposal will not be Drinking Fountains considered. Discount(%)Off Playground Solutions of Texas,Inc. Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Park and 5 Park and Playground Playground Safety Surfacing Products. Catalog/Pricelist MUST be _ 10 included or proposal will not be considered. Safety Surfacing PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1.Catalogs/Pricelists are required to be submitted with Proposal Page 43 of 71 P; Board` Coopeiafive Purchasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelistl must be submitted with Proposal or Proposal will not be considered'.) State Percent(%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount(%)Off Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Park and 6 Park and Playground Playground Bikes. Catalog/Pricelist MUST be included or proposal will not be considered. Bikes Discount(%)Off Playground Solutions of Texas, nc. Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Park and 7 Park and Playground Playground Animal Washing Stations. Catalog/Pricelist MUST be 100%_0/0 Animal Washing included or proposal will not be considered. Stations Discount(%)Off Playground Solutions of Texas,I c. Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Shade $ Canopies and Structures,Attachments,and Accessories. _ _ 1 0 % Shade Canopies and Catalog/Pricelist MUST be included or proposal will not be considered. Structures Discount(%)Off Please state the discount(%)off catalog/pricelist for Portable Playground Solutions of Texas, nc. Catalog/Pricelist for Restrooms,Pre-fabricated Portable Park Buildings and 9 Portable Restrooms, Shelters(picnic shelters,cabins,pavilions and similar related _ _10 _% Portable Park portable buildings). Catalog/Pricelist MUST be included or proposal will Buildings and Shelters not be considered. Discount(%)Off Please state the discount(%)off catalog/pricelist for Aquatic 10 Catalog/Pricelist for Playground and Pool Equipment,Attachments,and % Aquatic Playground Accessories. Catalog/Pricelist MUST be included or proposal will not be and Pool Equipment considered. Discount(%)Off Please state the discount(%)off catalog/pricelist for Skate Park 11 Catalog/Pricelist for Products,Attachments,and Accessories. Catalog/Price list MUST % Skate Parks be included or proposal will not be considered. Discount(%)Off Please state the discount(%)off catalog/pricelist for Water Park 12 Catalog/Pricelist for Products,Attachments,and Accessories. Catalog/Price list MUST % Water Parks be included or proposal will not be considered. PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1.Catalogs/Pricelists are required to be submitted with Proposal Page 44 of 71 P; Board` Coopeiafive Purchasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelistl must be submitted with Proposal or Proposal will not be considered'.) State Percent(%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl 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/Pricelist MUST be included or proposal will not be considered. DISCOUnt(%)Off Playground Solutions of TexasInc. Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Outdoor 14 Bleacher and Seating Systems,Attachments,and Accessories. _ � _% Outdoor Bleacher and Catalog/Pricelist MUST be included or proposal will not be considered. Seating Systems Discount(%)Off Please state the discount(%)off catalog/pricelist for Outdoor 15 Catalog/Pricelist for Scoreboards,Attachments,and Accessories. catalog/Pricelist Outdoor Scoreboards MUST be included or proposal will not be considered. Discount(%)Off Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Signage and 16 Signage and Marquees,Attachments,and Accessories. Catalog/Pricelist MUST 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/Pricelist MUST be included or proposal will not be considered. Playground Solutions of Texas,I i ic. Discount(%)Off Please state the discount(%)off catalog/pricelist for All Other Parks Catalog/Pricelist for All 18 Other Parks and and Recreation Equipment/Products,Attachments,and 10 Recreation Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. Equipment/Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1.Catalogs/Pricelists are required to be submitted with Proposal Page 45 of 71 P; Board` Coopeiafive Purchasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelistl must be submitted with Proposal or Proposal will not be considered'.) Section II: Field Lighting Products-Vendors shall provide a catalog/pricelist that includes the manufacturer design number,light system fixtures,equipment and pricing associated with all types of field lighting products for various pole setbacks,base paths and foot candle ranges. Prices for lighting system equipment shall be based on various wind speeds(i.e.90 MPH, 110 MPH, 130 MPH)and shall include delivery and meet the most recent IBC building code requirements. An awarded Vendor must be approved by the manufacturer to sell,install,and service the brand of equipment submitted.Proposer's responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions in which equipment may be sold. State Percent(%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount(%)Off Please state the discount(%)off catalog/pricelist for Football Field Catalog/Pricelist for 19 Football Field Lighting Lighting Products,Equipment and related items. Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount(%)Off Please state the discount(%)off catalog/pricelist for Baseball Field 20 Catalog/Pricelist for Lighting Products,Equipment and related items. Baseball Field Lighting Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount(%)Off Please state the discount(%)off catalog/pricelist for Softball Field Catalog/Pricelist for 21 Softball Field Lighting Lighting Products,Equipment and related items. Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount(%)Off Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Soccer Field 22 Soccer Field Lighting Lighting Products,Equipment and related items. Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount(%)Off Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for Tennis Court 23 Tennis Court Lighting Lighting Products,Equipment and related items. % Catalog/Pricelist MUST be included or proposal will not be considered. Products Discount(%)Off Please state the discount(%)off catalog/pricelist for All Other 24 Catalog/Pricelist for All Lighting Products,Equipment and related items. Other Field Lighting Catalog/Pricelist MUST be included or proposal will not be considered. Products PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1.Catalogs/Pricelists are required to be submitted with Proposal Page 46 of 71 P; Board` Coopeiafive Purchasing Proposal Invitation No. 592-19-Parks and Recreation Equipment and Field Lighting Products (Catalogs/Pricelistl must be submitted with Proposal or Proposal will not be considered'.) Section III:Repair/Replacement Parts State Percent(%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelistl Discount Discount(%)Off Playground Solutions of Texas,Inc. Catalog/Pricelist for Please state the discount(%)off catalog/pricelist for 25 Repair/Replacement Repair/Replacement Parts on Parks and Recreation Products. 10 Parts on Parks and Catalog/Pricelist MUST be included or proposal will not be considered. Recreation Products Section 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 installation 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 Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Park and 26 Installation/Repair Playground Equipment and Products-State the Not to Exceed Service of Park and hourly labor rate for Installation/Repair Service of Equipment and JHour 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.Catalogs/Pricelists are required to be submitted with Proposal Page 47 of 71 P; Board` Coopeiafive Purchasing 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 considered'.) Section V: Installation and Repair Service for Other Parks and Recreation Equipment and Products Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor 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 Installation/Repair $ _/Hour Service of Shade hourly labor rate for Installation/Repair Service of Equipment and Products. Canopies Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Portable 29 Installation/Repair Restrooms,Park Buildings and Shelters-State the Not to Service of Portable Exceed hourly labor rate for Installation/Repair Service of Equipment $ JHour Restrooms,Park and Products. Buildings and Shelters Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Aquatic 30 Installation/Repair Playground Equipment and Products-State the Not to Exceed Service of Aquatic hourly labor rate for Installation/Repair Service of Equipment and $ JHour Playground Equipment Products. and Products Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Skate 31 Installation/Repair Park Equipment and Products-State the Not to Exceed hourly $ _/Hour Service of Skate Park Equipment and labor rate for Installation/Repair Service of Equipment and Products. Products Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Water 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 NOTE PROPOSAL SPECIFICATION FORM 1.Catalogs/Pricelists are required to be submitted with Proposal Page 48 of 71 P; Board` Coopeiafive Purchasing 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 considered'.) Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Lake, Installation/Repair River and Waterway Equipment(dock floats,decking, io 33 Service io Lake,River waterway barriers,buoys and markers,similar related $ _/Hour and Waterway equipment.)-State the Not to Exceed hourly labor rate for Equipment Installation/Repair Service of Equipment and Products. Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of Outdoor 34 Installation/Repair Bleachers and Seating Systems-State the Not to Exceed hourly $ _/Hour Service of Outdoor 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 Not 36 Service of Signage $ _/Hour Products,Marquees, to Exceed hourly labor rate for Installation/Repair Service of Similar Related Equipment and Products. 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 Grass Turf Removal, Recreation-State the Not to Exceed hourly labor rate for $ _/Hour Tilling or Grading Installation/Repair Service of Equipment and Products. related to Parks and Recreation PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1.Catalogs/Pricelists are required to be submitted with Proposal Page 49 of 71 P; Board` Coopeiafive Purchasing 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 considered'.) Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description Hourly Labor Rate on Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for Hourly Labor Rate for Installation/Repair Service of All Installation/Repair Other Park and Recreation Related Equipment and Products- 38 Service of All Other $ _/Hour Park and Recreation State the Not to Exceed hourly labor rate for Installation/Repair Related Equipment Service of Equipment and Products. and Products Section VI:Installation and Repair Service for Field Lighting Products-Vendors proposing to provide Installation and Repair Service for Field Lighting Products may propose either a not-to-exceed hourly labor rate or a coefficient from the RSMeans Unit Price Book,or both. A coefficient proposed should be the price multiplier that vendor proposes to be applied to the unit price book(s)identified in the Proposal specifications. Coefficients shall be"net"(e.g. 1.0)or a percentage"decrease from'(e.g.0.95)or "increase from"(e.g. 1.21)the unit prices listed in the unit price book. Coefficient factors are to be carried no further than two(2)decimal places. Exceptions to Item Not to Exceed Detailed Information Hourly Labor No. Short Description Full Description 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 Clearly define the services that are proposed to be Item Coefficient provided and attach detailed information. (NOTE:IF DETAILED INFORMATION IS NOT SUBMITTED, No. Short Description Full Description (RSMeans) PROPOSAL WILL NOT BE CONSIDEREDII) 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 41 Standard Hours Data Book--RSMeans Cost Data from the Total INCL O&P column (RSMeans) (most current edition). PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1.Catalogs/Pricelists are required to be submitted with Proposal Page 50 of 71 Exhibit B AVBoardP.O. Box 400,Austin,Texas 78767 800.695.2919 •info@buyboard.com • buyboard.com August 2, 2021 Sent via email to: mike(ftstxi.com Mike Howerton Playground Solutions of Texas, Inc. 3410 Hardrock Road Grand Prairie, TX 75050 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,,,' AvBoardP.O.Box 400,Austin,Texas 78767 800.695.2919•info@buyboard.com •buyboard.com August 28, 2020 Sent via email to: mike(d)pstxi.com Mike Howerton Playground Solutions of Texas, Inc. 3410 Hardrock Road Grand Prairie TX 75050 Re: Parks and Recreation Equipment and Field Lighting Products BuyBoard Contract 592-19 The Local Government Purchasing Cooperative(BuyBoard)awarded your company a contract under Parks and Recreation Equipment and Field Lighting Products, Contract 592-19 effective October 1, 2019 through September 30, 2020, with two possible one-year renewals. At this time, the BuyBoard is renewing your contract through September 30, 2021. All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at connie.burketta-tasb.org prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of$15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at connie.burketta.tasb.org. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Connie W Burkett, CTSBO Contract Administrator 111 renewal v.02.13.2020 Endol'sed by 100 TASAV rf-1 PFBoard® Capperative Purchasing P.O. Box 400 Austin, TX 78767-0400 609.695.2919 / 512.467.0222 / Fax:800.211,5454 buyhoard.com July 18, 2019 Sent Via Email: mike@pstxi.com Mike Howerton Playground Solutions of Texas, Inc. 3410 Hardrock Road Grand Prarie,TX 75050 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Parks and Recreation Equipment and Field Lighting Products and Installation, Proposal No. 592-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. The contract is effective 10/1/2019 through 9/30/2020, with two possible one-year renewals.The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 592-19 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative.Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please email the order info@buyboard.com and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 The Local Government Purchasing Cooperative is endorsed by the Texas Association of School Boards, Texas Municipal League, Texas Association of Counties,and the Texas Association of School Administrators. Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSERrS AGREEMENT AND SIGNATURE Proposal Name: Parks and Recreation Equipment Proposal Due Date/Opening 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. Playground Solutions of Texas, Inc. 1/21/2019 Name of Proposing Company Date 3410 Hardrock Road -4 Street Address Signature of Authorized Company Official Grand Prairie, TX 75050 Mike Howerton City, State, Zip Printed Name of Authorized Company Official 972-837-3000 Operations Manager Telephone Number of Authorized Company Official Position or Title of Authorized Company Official n/a 83-0845409 Fax Number of Authorized Company Official Federal ID Number Page 9 of 71 Proposal Forms CONST v.06.14.2018 D4178oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com The proposing company ("you"or"your') hereby acknowledges and agrees as follows: 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 take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 71 Proposal Forms CONST v.06.14.2018 D4178oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Company: Playground Solutions of Texas, Inc. Vendor Contact Name and Mailing Address for Notices: Claudia \A/nln.z, PQ Rnx 17700, Irving, TX 75117 Company Website: www.pstxi.com Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: I will use the internet to receive purchase orders at the following address. E-mail Address: claudia(a-)pstxi.com Internet Contact: Claudia Wolosz Phone: 469-516-9379 Alternate E-mail Address: mike&pstxi.com Alternate Internet Contact: Mike Howerton Phone: 972-837-3000 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Reauest for Ouotes ("RFO"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: mike _pstxi.com Alternate E-mail Address: claudia&pstxi.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Page 11 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 Please choose only one (1) of the following options for receipt of invoices and provide the requested information: ❑X Service fee invoices and related communications should be provided directly to my company at: Mailing address: PO Box 177008 Department: Sales City: Irving State: TX Zip Code: 75017 Contact Name: Mike Howerton Phone: 972-837-3000 Fax: n/a E-mail Address: mike@pstxi.com Alternative E-mail Address: claudia@pstxi.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Mailing address: Department: City: State: Zip Code: Contact Name: Phone: Fax: E-mail Address: Alternative E-mail Address: ❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s) receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator." **If Vendor authorizes a billing agent or Designated Dealer(s) to receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall 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 CONST v.06.14.2018 D4178oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check(,/) one of the followina: ❑ My company Is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) [x_1 My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Playground Solutions of Texas, Inc. Company Name Mike Howerton Signature ut orize ompany 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. Playground Solutions of Texas+ Company Name Mike Howerton Signature of Authorized Company Official Printed Name Page 13 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 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 M one of the following: ® I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name 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 M one of the following: ❑ 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. Playground Solutions of Texas, Inc. Company Name Mike Howerton Signat Company Official Printed Name Page 14 of 71 Proposal Forms CONST v.06.14.2018 D4178oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 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'T CODE Ch. 2270) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T 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. Playground Solutions of TX, Inc. Company Name —4&E� Mike Howerton Signa ure of Authorized 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. Playground Solutions of Texas, Inc. Company Name Mike Howerton Signature uthorize ompany Official Printed Name Page 15 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 HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check(-/) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business FLI Women Owned Business ❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2),who has a service-connected disability as defined by 38 U.S.C. § 101(16),and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: 1830845409100 Name of Certifying Agency: HUB Certification ❑ 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. Playground Solutions of Texas, Inc. Company Name Mike Howerton Printed Name Sig a ure o orized Company Official Page 16 of 71 Proposal Forms CONST v.06.14.2018 D4178oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. 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 buvboard.com/Vendor/Resources.asi) , provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. Playground Solutions of Texas, Inc. Company Name Mike Howerton Signatur d Company Official Printed Name 1/24/2019 Date Page 17 of 71 Proposal Forms CONST v.06.14.2018 D4178oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(-/) 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 ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 30 ARO 4. Vendor Reference/Quote Number: Yes 5. State your return policy: 25% Restocking fee, return within 60 days of ship date. 6. Are electronic payments acceptable? ®Yes ❑ No 7. Are credit card payments acceptable? x❑Yes ❑ No Playground Solutions of Texas, Inc. Company Name �:� Mike Howerton Signa ure of Authorized Company Official Printed Name Page 18 of 71 Proposal Forms CONST v.06.14.2018 D4178oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com LOCATION / AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. N/A Company Name Address City State Zip Phone Number Fax Number Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 19 of 71 Proposal Forms CONST v.06.14.2018 D4178oard 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. N/A 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 Proposal Forms CONST v.06.14.2018 D4178oard 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 IN I will service Texas Cooperative members _i statewide. ❑ I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: " Reaion Headauarters °` '" ❑ 1 Edinburg .� - �' ❑ 2 Corpus Christi ❑ 3 Victoria 41-,. ❑ 4 Houston _ ❑ 5 Beaumont 3 ❑ 6 Huntsville �� ❑ 7 Kilgore F ❑ 8 Mount Pleasant z ❑ 9 Wichita Falls ❑ 10 Richardson ❑ 11 Fort Worth ❑ 12 Waco ❑ 13 Austin "" ""� ❑ 14 Abilene ❑ 15 San Angelo 'r ❑ 16 Amarillo Playground Solutions of Texas, Inc. ❑ 17 Lubbock ❑ 18 Midland Company Name ❑ 19 El Paso 7� ❑ 20 San Antonio Signa re of Authorized Company Official Mike Howerton ❑ I will not service members Printed Name of the Texas Cooperative. Page 21 of 71 Proposal Forms CONST v.06.14.2018 M7Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Playground Solutions of Texas, Inc. will not supply Playworld or Wabash equipment in El Paso County. Page 22 of 71 Proposal Forms CONST v.06.14.2018 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check(-/) all that apply: ❑ I will service all states in the United States. EX-1 I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118&20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky ® Texas ❑ Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 23 of 71 Proposal Forms CONST v.06.14.2018 M7Board 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. Playground Solutions of Texas, Inc. Company Name Mike Howerton Sign zed Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Playground Solutions of Texas, Inc. will not sell Playworld or Wabash equipment in El Paso County. Page 24 of 71 Proposal Forms CONST v.06.14.2018 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 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 Forms CONST v.06.14.2018 Page 25 of 71 PFBoard 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 lie in the federal district court of Alexandria,Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy- Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Playground ions of Texas Inc. 592-19 N Proposal Invitation Number Mike Howerton Signature of Authorized Company Official Printed Name of Authorized Company Official 1/21/2019 Date Proposal Forms CONST v.06.14.2018 Page 26 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FEDERAL AND STATE/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: $ . (The period of the 12 month period is / ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 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? • •D GROUPD•• •• 1. Federal General Services Administration N 2. T-PASS (state of Texas) N 3. U.S. Communities Purchasing Alliance N 4. National IPA/TCPN N 5. Houston-Galveston Area Council (HGAC) N 6. National Joint Powers Alliance (NJPA) N 7. E&I Cooperative N 8. The Interlocal Purchasing System (TIPS) N 9. Other USING SOURCEWELL UNDER PLAYWORLDS CONTR CT Y PLAYGROUNDS FOR A 10%DISCOUNT ® 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(%): 10% Proposed Discount(%): 10% Explanation: Proposal Forms CONST v.06.14.2018 Page 27 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • 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. Playground Solutions of Texas. Inc. Company Name Mike Howerton Signature of Authorized Company Official Printed Name Proposal Forms CONST v.06.14.2018 Page 28 of 71 PFBoard 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 1 City of Grapevine Tony Steele 817-410-3349 tsteele@grapevinetexas.com 10% $200,000.00 z.Town of Flower Mound Kari Biddix 972-874-6278 kari.biddix@flower-mound.com 10% $400,000.00 3 City of Coppell Lloyd Mauch 972-462-5119 Imauch@coppelltx.gov 10% $250,000.00 4 Fort Worth ISD Louis Alonzo 817-343-5985 Iouis.alonzo@fwisd.org 10% $500,000.00 5. City of Weatherford Shawn Goodman 817-565-2224 sgoodmanCcDweatherfordtx.gov 10% $250,000.00 Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES ❑ NO 0 If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Playground Solutions Texas, Inc. o p e Signature of Authorized Company Official Mike Howerton Printed Name Proposal Forms CONST v.06.14.2018 Page 29 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Examvle: Explain how your company will initially inform Cooperative members of your BuyBoard contract, and how you will continue to support the BuyBoard for the duration of the contract period.) Attach additional pages if necessary. We mailed 30,000 pieces of literature this month. We will attend 8 major trade shows annually. We will distribute 10,000 pieces of additional literature in 2019. Once awarded, we will add a Buyboard Vendor sticker to all literature distirbiuted at trade shows and by sales representatives. We will add logo to our email tag, as well as to our website, and facebook pages. Playground Solutions of Texas, Inc. Company Name —4d Signature of Authorized Company Official Mike Howerton Printed Name Proposal Forms CONST v.06.14.2018 Page 30 of 71 PFBoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check(-\/)one of the following: ❑ NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. x YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: ALL PRICE LIST ARE CONSIDERED CONFIDENTIAL. (Attach additional sheets if needed.) Proposal Forms CONST v.06.14.2018 Page 31 of 71 PFBoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Comriaht Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(-\/)one of the following: ® 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 addition/sheets if needed.) C.Consent to Release Confidential/Prourietarv/Couvriaht Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D.Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Playground Solutions of Texas, Inc. Company Name ;�� Signa ure of Authorized Company Official Mike Howerton Printed Name 1/24/2019 Date Proposal Forms CONST v.06.14.2018 Page 32 of 71 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: Playground Solutions of Texas, Inc. (List the/eoa/name of the comoany seeking to contract with the Cooperative. Do NOT/1st an assumed name,dba,aka, etc,here. Such information may be,provided below. If you are submitting a joint,proposal with another entity to,provide the same,proposed goods or services, each submifting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which,propose to,provide goods or services separately must submit their own Proposals.) Please check(-\/)one of the following: Twe of Business: Individual/Sole Proprietor Corporation X Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: ss-ns454ng (Vendor must include a completed IRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note. If different than the Name of Proposing Company listed above, only valid trade names(dba, aka, etc.)of the Proposing Company may be used and a copy of your Assumed Name Certiflcate(s),if applicable,must be attached.) Playground Solutions of Texas, Inc. Proposal Forms CONST v.06.14.2018 Page 33 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where 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 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services 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(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms CONST v.06.14.2018 Page 34 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback"Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms CONST v.06.14.2018 Page 35 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory 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-Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of $150,000, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms CONST v.06.14.2018 Page 36 of 71 PFBoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Vendor Certification: YES, I agree or Vendor Certification Item No. NO, I do NOT agree Initial 1. Vendor Violation or Breach of Contract Terms Yes 2. Termination for Cause or Convenience Yes 3. Equal Employment Opportunity Yes 4. Davis-Bacon Act Yes 5. Contract Work Hours and Safety Standards Act Yes 6. Right to Inventions Made Under a Contract or Agreement Yes 7. Clean Air Act and Federal Water Pollution Control Act Yes S. Debarment and Suspension Yes 9. Byrd Anti-Lobbying Amendment Yes 10. Procurement of Recovered Materials Yes 11. Profit as a Separate Element of Price Yes 12. General Compliance and Cooperation with Cooperative Members Yes By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Playground Solutions of Texas, Inc. Company Name ignature of Authorized Company Official Mike Howerton Printed Name Proposal Forms CONST v.06.14.2018 Page 37 of 71 &578oard 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 services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. Playground Solutions of Texas opened on August 1st 2018,with the backing of one of the largest playground manufacturer's in the world,Playworld Inc. Our staff has over 80 years of industry experience. The ownership team has managed a playground installation company for over 22 years. We represent some of the finest park and play equipment manufacturers throughout the State of Texas. 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. Our staff has been involved in hundreds of playground installations across the state. Our Operations Manager and Owner were involved in projects like Casey's Clubhouse Playground in Grapevine,a total park renovation in excess of$800k. School districts like Ft Worth ISD have done multiple schools with our Western Reginal Sales Manger in excess of$1 million over the past three years. Current;y we are contracted with the CIty of Grapevine,Oak Grove Softball Complex for an$80k pplayground installation. 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. President -Scott Jones-23 years of ownership of a premier North Texas installation company. Operations Manager- Mike Howerton years o in us ry a es and Management experience. Western Territory Manager-Steve Thompson- 20 years of industry sales experience. Eastern Territory Manager-Eric Elder- 10 years of industry sales experience. Office Manager - 15 years of industry inside sales and office management experience. Proposal Forms CONST v.06.14.2018 Page 38 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? We have years of experience working with Engineers,Architects,and Landscape Architects. Each end user(coop member) operates differently. We are accustomed to multiple levels of involvement. We provide drawings,cad files, specifications, product details,warranty information,and more. Many times we coordinate with our partners to create and present our portion of ther proposals. 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party. We are a manufacturers rep firm. We offer direct quotes to end users. We provide literature,presentations,and product knowledge to our end users. We provide fully detailed propsals for our architect partners as well as direct to end users. We handle all warranty and replacement pricing for our manufacturers. We coordinate ordering,shipping,and installation. We primarily use sub contractors for the actual installation of our products. 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. We currently have an open line of credit with our major manufacturers,with an average of net 45-60 days. Our bonding capabilities are handled through P1ayWorld Inc's parent company P1ayPower Inc. P1ayPower owns three major playground manufacturers,as well as other indutry related companies. Our ownership has not been party to any bankruptcy,etc. 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No. Proposal Forms CONST v.06.14.2018 Page 39 of 71 &578oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 8. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. None 9. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), if applicable, nature of the claim, and resolution or current status. None 10. Describe in detail the quality control system Proposer will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. All playground installations are reviewed and inspected by our sales team upon completeion. This is an inspection to ensure installation was done per manufacturer's instruction. We recommend third party audits to our end users. We work with these auditors to address any issues,and to identify solutions. Warranty and replacement inspections are done by our internal upon end user request for the life of the playground. 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. Bonding is provided through Playworld Inc.a division of P1ayPower Inc. Aon plc. is the surety/bond provider. Proposal Forms CONST v.06.14.2018 Page 40 of 71 &578oard Cooperative Purchasing 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. We have had no worker's compensation claims or safety issues since our inception last year. We will be happy to to provide am experience modifier when available. 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. Playground Solutions of Texas, Inc. Company Name Signal zed Company Official Proposal Forms CONST v.06.14.2018 Page 41 of 71 PFBoard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(v�the following) x❑ Completed: Proposer's Agreement and Signature x❑ Completed: Vendor Contact Information x❑ Completed: Felony Conviction Disclosure and Debarment Certification © Completed: Resident/Nonresident Certification x❑ Completed: No Israel Boycott Certification -1 Completed: No Excluded Nation or Foreign Terrorist Organization Certification ❑x Completed: Historically Underutilized Business (HUB) Certification) ® Completed: Construction Related Goods and Services Affirmation © Completed: Deviation/Compliance ❑x Completed: Location/Authorized Seller Listings x❑ Completed: Manufacturer Dealer Designation © Completed: Texas Regional Service Designation © Completed: State Service Designation x❑ Completed: National Purchasing Cooperative Vendor Award Agreement © Completed: Federal and State/Purchasing Cooperative Experience x❑ Completed: Governmental References © Completed: Marketing Strategy RI Completed: Confidential/Proprietary Information ® Completed: Vendor Business Name with IRS Form W-9 ❑x Completed: EDGAR Vendor Certification F1 Completed: Proposal Invitation Questionnaire © Completed: Required Forms Checklist © Completed: Proposal Specification Form with Catalogs/Pricelists and Manufacturer Authorization Letters *Catalogs/Pricelists must be submitted with proposal response or response will not be considered. Proposal Forms CONST v.06.14.2018 Page 42 of 71 PLW GROUND SOIL U 1 IONS OF TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc.to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME _Action Play Systems, LLC STREET ADDRESS 18535 Old Statesville Rd.,Suite C CITY _Cornelius STATE North Carolina ZIP CODE 28031 AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAME _Steven Mull CONTACT PHONE _(855) 752-9277 CONTACT EMAIL _steve@actionplaysystems.com DATE _01/21/2019 cc: PSTXI file P U N D S Ll1 f+ONS O F TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc.to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. 1 COMPANY NAME I��tifi C w �y �pnY S STREET ADDRESS 'Pp (Joy, 129b CITY S o,I e,J'." STATE L 1.S N C) 15 ZIP CODE % AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAME (L CONTACT PHONE _ cil�p -c15) - p% b 5 CONTACT EMAIL C.��r' O N Me r;L Q^,� L pM DATE cc: PSTXI file PLA` GROUND S G .d i IONS OF TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc. to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME �(�— STREET ADDRESS CITY II STATE ZIP CODE AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAME CONTACT PHONE �' Z? - ��l�' 36 YZ CONTACT EMAIL t)a '�ya}"��rl�✓ DATE cc: PSTXI file PL�''F VIA LJNO S 4,,. : LJ is N S vlt* �E3fAS DATE. 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc.to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME ` Dast1Fc.K_L��nl � STREETADDRESS 3TO AVE SvIrE 315 CITY STATE ZIP CODE 71; AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAMEN. CONTACT PHONE ? CONTACT EMAIL DATE t cc: PSTXI file PLW/GR�UND SG LU 1 IGNS OF TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc.to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME Jensen Swing Products STREET ADDRESS 9327 Wheatland Rd CITY Santee STATE CA ZIP CODE 92071 AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAME Deb King CONTACT PHONE 619-258-8300 CONTACT EMAIL debbie@jensenswing.com DATE 1-21-19 cc: PSTXI file Nikilt January 22, 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 Playground Solutions of Texas, Inc. 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 Sport Group,LLC - 3112 Valley Creek Drive Suite C - Baton Rouge LA 70808 - 800-232-7766 www.nofault.com N -4 Ea Alt 1000- Rubber 1499 1 .75" $ 12.10 2.25" $ 12.87 2.5" $ 13.47 3" $ 14.68 3.5" $ 17.34 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 / 50% Black. Standard Colors are: Tan, Blue, Terra Cotta Red and Green Deduct $0.85/sf for 100% Black Add $1 .50/sf for 100% color blends. No Fault Sport Group, LLC - 3112 Valley Creek Drive Suite C - Baton Rouge LA 70808 - 800-232-7766 www.nofault.com PL WIG ROUND S LLI IONS OF TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc. to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME STREET ADDRESS 26'J 'Fh'y(.(Caico,LYJ, el CITY 1'1i nC 2+'�'_;o STATE ZIP CODE ti)y tic) AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAME �JY�r1 lrt5ei �. CONTACT PHONE CONTACT EMAIL DATE ,3 l l" cc: PSTXI file e lPlaY Power Inspiring the world to piny August 8, 2018 To Whom It May Concern I am writing today to affirm that effective August 15, 2018, Playground Solutions of Texas is now the authorized sales and service Representative for Playworld, a division of PlayPower, for the geography defined as the State of Texas. Playground Solutions of Texas will represent Playworld as our Agent of Record for all matters pertaining to sales and service, new product introductions, warranty replacement parts and facilitation for the entire state of Texas. This assignment pertains to all public funded market segments in Texas. Playground Solutions of Texas is Playworld's sole Representative for this area and these market segments and has exclusive rights as Playworld's sole Representative in this geography. If I can be of further service or answer any questions, please do not hesitate to contact me. Thank You, Kevin Cook Vice President, Global Sales Playworld 1000 Buffalo Road Lewisburg, PA 17837 570-412-0034 � `41sir+ �MracleVPS P .�.U` Gt•I UND S lJ 1 INNS OF TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING'CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc.to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME STREET ADDRESS CITY S a'C^ STATE �-- ZIP CODE AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAME rj, f f-r It A CONTACT PHONE lim- %S) - A & CONTACT EMAIL Jh'F.T Cr 0 DATE ���.�'101 cc: PSTXI file PLWIGR�UND S G LU i 10NS OF TEXAS DATE: 01/21/2019 RE: BUYBOAR❑ PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc. to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME �u+7�7�CCt STREET ADDRESS _� s A t+g u CITY STATE ZIP CODE -- AUTHORIZED MANUFACTURER SIGNATURE PRINTED NAME Ljg A+l CONTACT PHONE 6cio CONTACT EMAIL '-'f�C� P i"K6 t%reA t%,c Pon DATE J(;"% all LC Lct cc: PSTXI file PLA" !�94VUND S G L Ui�10 N S OF TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas,Inc.to represent,market and sell our products in the State of Texas market at a maximum of 10%discount. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME SafeSurf Inc. STREET ADDRESS P.O. 177201 CITY Irving STATE TX ZIP CODE 75017 AIUTOHIRIEO MANUFACTURER SIGNATURE PRINTED NAME Chuck Longino CONTACT PHONE 214-587-7266 CONTACT EMAIL info safesurfinc.com DATE 1 21 2019 cc: PSTXI file Shade _��_ Orfl:GUMOTM # 4150 S.W. 19 Street • Ocala, FL 34474 Tel.: 352/237-0135 • TOLL-FREE: 1-800-609-6066 • FAX: 352/237-2256 E-mail: info@shadesystems.com • Web: www.shadesVstemsinc.com January 22, 2019 Attention: Texas Buy Board Re: BuyBoard Distribution Authorization Dear Texas BuyBoard Administrators, This letter is to confirm that Playground Solutions of Texas is a dealer/representative of our company and is authorized to sell and install our shade systems in Texas. If there is need of additional information, please feel free to contact me. Sincerely, Margo Talbot Customer Service Manager Shade Systems, Inc. PLW/GR?UND SG LU 1 10NS OF TEXAS DATE: 01/21/2019 RE: BUYBOARD PURCHASING CONTRACT APPROVAL Please accept this authorization letter for Playground Solutions of Texas, Inc.to represent, market and sell our products in the State of Texas market. Approved discounts to the end user is the responsibility of Playground Solutions of Texas as the contract holder. COMPANY NAME J d� S U r4'C'-5 „� J 4-1 C STREET ADDRESS ` _�rf_) •�i}�l�y'r'r` CITY STATE ZIP CODE A I(e) /✓ //' 0 AUTOHIRZED MANUFACTURER SIGNATURE PRINTED NAME CONTACT PHONE ('yo �//,�6 CONTACT EMAIL DATE Ul �071 cc: PSTXI file Airport,USA Headquarters Mailing Address USASHADE 2580 Esters Blvd., Suite 100 P.O. Box 3467 & Fabric Structures,, DFW •1 Coppell,TX 75019 FedEx and UPS ShipmentsPostal January21, 2019 To:The Local Government Purchasing Cooperative Attn: Proposal Administration Manager 12007 Research Blvd. Austin, TX 78759 Please accept this letter of authorization that Playground Solutions of Texas is an authorized representative, to sell, service, and install USA Shade/Sun Ports in the state of Texas. We appreciate any business opportunities available. Please let me know if I may assist you further. Sincerely, Melissa Houchin Company Sales Division (972)-354-1941 -mhouchin@usa-shade.com USA-SHADE.COM I TF:800.966.5005 1 PH:214.905.9500 1 FX:972.453.0010 VITRITURF CUSHIONED SEAMLESS FLOORING SYSTEM UITRITURKOM YOU'RE ON OUR TURF Hanover Specialties Inc 35 Feldland St Bohemia, NY 11716 Wednesday, January 23, 2019 Attention: Buy Board Please accept this letter of authorization that Playground Solutions of Texas is an authorized representative, to sell Hanover Specialties Inc. (Vitriturf) in the state of Texas. We appreciate any business opportunities available. Please let me know if I may assist you further. Sincerely, sreow IAWAea Steven Noskin President Hanover Specialties Inc 631-231-1300 k" YP"layPower Inspii-incg the world to play. January 21, 2019 To Whom It May Concern: Please let this letter serve notice that Playground Solutions of Texas, is an authorized representative of the Wabash Valley, Urbanscape and Green Valley product lines in the State of Texas. If you have any questions, please feel free to contact me at 1-800-253-8619. Respectfully, Leslie Brouyette Director of Sales WABASHVALLEY MFG., INC, ,• HAGS' E «— Miracle N PLAYWORM ��� usns►+n�� VPSWABASH vntur 'k,2-P L AY WO R L D January 9, 2020 RE: Texas Buyboard Purchasing Cooperative To Whom It May Concern: Please let this letter serve notice that Playground Solutions of Texas is the authorized sales representative for the full product line of Playworld in the state of Texas. Playground Solutions of Texas (PSTXI) is a top tier representative that has full authority to market, promote, quote and install all product offered by Playworld. If at any given time, Playground Solutions of Texas ceases to be in business, Playworld will follow through on providing sales, warranty work or installation services directly or through a new Playworld authorized representative. Playworld will not transfer authorization to another awarded Buyboard contract vendor, unless Playground Solutions of Texas ceases business and that said vendor is approved by Playworld. Playground Solutions of Texas is a stable company, paying 100% of their due invoices within their credit terms with Playworld. Respectfully, ;Vanid q. 6 Patrick H. Cancilla Regional Sales Director, Western Playworld 1000 Buffalo Road Lewisburg, PA 17837 Playworld Office +1 (570) 522-9800 Cell +1 (570) 768-5005 k#PlayPower worldThe - . . 522.9800 Fax:+1.570.522.3030 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person 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 person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. Playground Solutions of Texas, Inc. 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 the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes FTI No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes FTI No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes Fx-1 No D. Describe each employment or business relationship with the local government officer named in this section. 4 1/27/2021 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 10/12/21,2:11 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoT+ n DATE: 6/23/2020 REFERENCE**M&C 20- LOG NAME: 13P COOP PLAYGROUND NO.: 0151 EQUIPMENT BB PARD TT CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Purchase Agreements with Multiple Vendors for Recreation Equipment and Field Lighting Products Using a Cooperative Contract for the Parks & Recreation Department in the Combined Annual Amount Up to $750,000.00 and Authorize Two Annual Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize Purchase Agreements with the vendors listed below for parks and recreation equipment and field lighting products using Texas Association of School Boards (BuyBoard) Contract No. 592-19 for the Parks and Recreation Department in the combined annual amount up to $750,000.00 and authorize two annual renewal options. DISCUSSION: The Parks & Recreation Department (PARD) approached the Purchasing Division to finalize annual agreements to purchase new equipment and replacement pieces from multiple vendors which will be installed by the PARD Small Capital Projects Crews (SCPC) and maintenance staff. PARD staff recommends awarding multiple vendors offering a variety of products offered through BuyBoard Contract No. 592-19. Recommended vendors and award amounts are listed below: Vendor Award Amount Total Recreation Products, Inc. $250,000.00 Childs Play, Inc. $150,000.00 Insite Amenities, L.P. $100,000.00 Webuildfun, Inc. $100,000.00 Whirlix Design, Inc. $20,000.00 Kompan, Inc. $5,000.00 American Ramp Company, Inc. $5,000.00 Shade Structures, Inc. $5,000.00 Lea Park & Play Inc. $25,000.00 Play and Park Structures $5,000.00 BSN Sports, LLC $75,000.00 Playground Solutions of Texas, $10,000.00 Inc. Total $750,000.00 apps.cfwnet.org/counciI_packet/mc_review.asp?ID=27720&counciIdate=6/23/2020 1/2 10/12/21,2:11 PM M&C Review COOPERATIVE PURCHASE - The Purchasing Division will use BuyBoard Contract No. 592-19 to purchase new equipment and replacement pieces, from multiple vendors which will be installed by the SCPC and maintenance staff. State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the items. BuyBoard contracts have been competitively bid to increase and simplify the purchasing power of government entities. M/WBE OFFICE -A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERMS —This agreement will commence upon City Council approval, and end September 30, 2020 to coincide with BuyBoard contract No. 592-19. RENEWAL OPTIONS - The BuyBoard Agreement may be renewed at the City's option for two additional one-year terms if BuyBoard renews its contract. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and award of the contract, funds are available in the current operating and capital budgets, as appropriated, of the General and Capital Project Funds. Prior to any expenditure being incurred, the Park& Recreation Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account roject Program Activity udget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Kevin Gunn (2015) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Tempy Thomas (7648) ATTACHMENTS Buy Board Docs .pdf a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=27720&cou nci Idate=6/23/2020 2/2