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HomeMy WebLinkAboutContract 56726 CSC No. 56726 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Shade Structures, Inc. dba USA Shade ("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 Exhibits A and B, 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 A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Five Thousand Dollars ($5,000.00). 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 options to renew. 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 Shade Structures, Inc. dba USA Shade Attn: Valerie Washington, Assistant City Selina Arce, Title Manager 2580 Esters Blvd. Suite 100 200 Texas Street DFW Airport, TX 75261 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: Y yVa� t By signing T acknowledge that T am the person By: Valerie Washington(Nov24,2 116:21 CST) responsible for the monitoring and administration Name: Valerie Washington of this contract, including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Nov 24,2021 APPROVAL RECOMMENDED: By: Name: Scott Penn Title: District Superintendent By: Richard Zavala(Nov 16,202108:52 CST) APPROVED AS TO FORM AND LEGALITY: Name: Richard Zavala Title: Park and Recreation Director / = ATTEST: By: Nico AriaS(NOV 23,Z'02113:53 CST) Name:Nico Arias Title: Assistant City Attorney By: W CONTRACT AUTHORIZATION: Name: Ronald P. Gonzales ppo4FpRr��na M&C: 20-0151 F °°°° d Title: City Secretary �o°°°° °°o0 to o�1d g=d VENDOR: dp,�o o* 9 oa ° aa�nEXASo�p 0000000000 Shac1P StrurfijrPs ,iac. 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Box 400,Austin,Texas 78767 800.695.2919 •info@buyboard.com • buyboard.com August 2, 2021 Sent via email to: sarce(cDusa-shade.com Selina Arce Shade Structures, Inc. dba USA Shade 2580 Esters Blvd. Suite 100 DFW Airport, TX 75261 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: sarce(ftsa-shade.com Selina Arce Shade Structures, Inc. 2580 Esters Blvd. Suite 100 DFW Airport TX 75261 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: sarce@usa-shade.com Selina Arce Shade Structures, Inc. 2580 Esters Blvd. Suite 100 DFW Airport,TX 75261 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, = a Texas Municipal League, Texas Association of Counties,and the Texas Association of School Administrators. Boar�� It National School ::;tionarPuichasinp ruperaiire Endorsed by 'NSBA' Boards Association September 4, 2019 Sent Via Email: sarce@usa-shade.com Selina Arce Shade Structures, Inc. 2580 Esters Blvd. Suite 100 DFW Airport,TX 75261 Welcome to BuyBoard! Re: Notice of Nation/Purchasing Cooperative Piggy-Back Award Proposal Name and Number: Parks and Recreation Equipment and Field Lighting Products and Installation, Proposal No. 592-19 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 10/1/2019 through 9/30/2020, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 p0.Box 400,Austin, Texas 78767-0400 800.695.2919■buyboard.com ard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 • buyboard.com PROPOSER'S 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. Shade Structures Inc. 1/18/19 Name of Proposing Company Date 2580 Esters Blvd. Suite 100 Street Address Signatu of Authorized Company Official DFW Airport, TX 75261 John Saunders City, State, Zip Printed Name of Authorized Company Official 214-905-9500 President Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 972-453-0010 46-3899811 Fax Number of Authorized Company Official Federal ID Number Page 9of71 Proposal Forms CONST v.06.14.2018 Dard Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com The proposing company("you"or"your") hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively"Requirements"); 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to 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 WO Wooperative Purchasing uarit 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Company: Shade Structures Inc. Vendor Contact Name and Mailing Address for Notices: Selina Arce Company Website: www.usa-shade.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: F-1 I will use the internet to receive purchase orders at the following address. E-mail Address: sarce@usa-shade.com Internet Contact: Selina Arce Phone: 214-306-7103 Alternate E-mail Address: j rive ra@usa-shade.corn Alternate Internet Contact: Jay Rivera Phone: 972-354-651 1 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes("RFQ"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: sarce@usa-shade.com Alternate E-mail Address: jriyera@usa-shade.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 AN Wooperative Purchasing uara 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: ON Service fee invoices and related communications should be provided directly to my company at: Mailing address: PO Box 3467 Department: Sales City: Coppell State: TX Zip Code: 75019 Contact Name: Selina Arce Phone: 214-306-7103 Fax: 972-453-0010 E-mail Address: sarce@usa-shade.com Alternative E-mail Address: Jriyera@usa-shade.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/n 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 rikk No ara Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 . buvboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code(Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check M one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) *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): N/A Details of Conviction(s): NSA By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make his certification. Shade Structures Inc. Company Name John Saunders, President Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension,"as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Shade Structures Inc. Company Name John Saunders, President Signature of Autho zed Company Official Printed Name Page 13 of 71 Proposal Forms CONST v.06.14.2018 DuBoard Cooperativeft fiaging 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 ' buvboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a"resident"proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a"nonresident"proposer under these definitions. Please check N)one of the following_ ❑ I certify that my company is a Resident Proposer. 0 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): Shade Structures Inc. 11515 Vanstory Dr. Company Name Address Huntersville NC 28078 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 El 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 W)one of the following_ ❑ Yes Fx] 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. Shade Structures Inc. Company Name John Saunders, President Signature of Authorized tompany Official Printed Name Page 14 of 71 Proposal Forms CONST v.06.14.2018 uard 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. Govr 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. Shade Structures Inc. Company Name (� A John Saunders, President Signature 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. Shade Structures Inc. ..--� Company Name John Saunders, President Signature of Authorized Company Official Printed Name Page 15 of 71 Proposal Forms CONST v.06.14.2018 Biro uara Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 - buvboard.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(-V) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ Women Owned Business ❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2),who has a service-connected disability as defined by 38 U.S.C. § 101(16),and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: R 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. Shade Structures Inc. Company Name John Saunders, President Printe Na Signat e of AutNeked Company Official Page 16 of 71 Proposal Forms CONST v.06.14.2018 DwCooperative ,.ara Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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 buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction-related goods or services, whichever comes first. Shade Structures Inc. S ---?, Company Name John Saunders, President Signature Authorized Company Official Printed Name 1/18/19 Date Page 17 of 71 Proposal Forms CONST v.06.14.2018 DCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 • buyboard,corn DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(/) one of the following_ ❑ NO; Deviations ❑ YeS; Deviations List and fully explain any deviations you are submitting: N/A PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑® Common Carrier ❑ Company Truck ❑ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: [W Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 45 ARO 4. Vendor Reference/Quote Number: Yes 5. State your return policy: If product can be re-used, a 10% restocking fee will apply. 6. Are electronic payments acceptable? ❑Yes ❑ No 7. Are credit card payments acceptable? ❑E Yes ❑ No Shade Structures Inc. Company Na e John Saunders, President Signature of thorize ompany Official Printed Name Page 18 of 71 Proposal Forms CONST v.06.14.2018 D 0 A� (9) Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com LOCATION / AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Shade Structures Inc. Company Name 2580 Esters Blvd. Suite 100 Address DFW Airport TX 75261 City State Zip 214-905-9500 972.453.0010 Phone Number Fax Number Selina Arce Contact Person Shade Structures, Inc. Company Name 1085 N. Main St. Suite C Address Orange CA 92867 City State Zip 714-427-6981 714-427-6982 Phone Number Fax Number Michele Estrella / Rachel Middleton Contact Person Page 19 of 71 Proposal Forms CONST v.06.14.2018 DCooperative 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. Shade Structures Inc. Company Name 2628 W. Birchwood Cr. Suite B Address Mesa AZ 85202 City State Zip 480-446-0066 480-446-8679 Phone Number Fax Number Rhonda Cox Contact Person Shade Structures, Inc. Company Name 6225 S. Valley View Blvd. Suite 1 Address Las Vegas NV 89118 City State Zip 702-227-5273 702-227-5132 Phone Number Fax Number Rob Leonard/Rachel Middleton Contact Person Page 19 of 71 Proposal Forms CONST v.06.14.2018 Uard 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 Shade Structures Inc. Your Company Name Signature of Authorized Company Official Page 20 of 71 Proposal Forms CONST v.06.14.2018 o 4,Fare Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 , buvboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services Included In your proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies In the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services In those regions. Designating regions In which you are either unable or unwilling to provide the specified products and services shall be grounds for either refection of your proposal or,If awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers I will service Texas - Cooperative members statewide. D I will not service Texas Cooperative members statewide. I will only service members in the _ regions checked below: Region Headquarters o_ a �� ❑ 1 Edinburg ❑ 2 Corpus Christi � 3 Victoria }.r., ❑ 4 Houston + = , o ❑ 5 Beaumont ti, x, ❑ 6 Huntsville (,} ' _ yy � ❑ 7 Kilgore r .�� 17 -.,<.<r �' fit. ,�-' ❑ 8 Mount Pleasant 20 ❑ 9 Wichita Falls _; r° ❑ 10 Richardson ""` ❑ 11 Fort Worth ❑ 12 Waco �_ °__ ,`i ❑ 13 Austin �E ❑ 14 Abilene ❑ 15 San Angelo �- ,' ❑ 16 Amarillo Shade S tures Inc. ® 17 Lubbock ❑ 18 Midland Company Na 19 El Paso ❑ 20 San Antonio Signature of Authorized Company Official John Saunders, President ❑ I will not service members Printed Name of the Texas Cooperative. Page 21 of 71 Proposal Forms CONST v,06.14,2018 Ab ara Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: N/A Page 22 of 71 Proposal Forms CONST v.06.14.2018 Duarri 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 wlll/ng 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: M I will service all states in the United States. ❑ I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ 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 DCooperative 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. Shade Structures Inc. Company Name John Saunders, President Signature of Authorized 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: N/A Page 24 of 71 Proposal Forms CONST v.06.14.2018 Dara Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this Agreement as"Vendor")agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") may - but is not required to -"piggy-back"on or re-award all or a portion of that Underlying Award ("Piggy-Back Award"). By signing this National Cooperative Vendor Award Agreement ("Agreement's, 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 Dara Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy- Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Shade uctures Inc. 592-19 1;119Name of V ndor Proposal Invitation Number John Saunders, President Signature u horize ompany Official Printed Name of Authorized Company Official 1/18/19 Date Proposal Forms CONST v.06.14.2018 Page 26 of 71 Uard 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: $1,324,674.29 . (The period of the 12 month period is 1/1/18 /12/31/18 ). 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. • • e• re• , •r r • re• � • a er 1. Federal General Services Administration Y 10+ Shade Structures 2.T-PASS (state of Texas) N N 3. U.S. Communities Purchasing Alliance N N 4. National IPA/TCPN N N 5. Houston-Galveston Area Council (HGAC) Y 10+ Shade Structures 6. National Joint Powers Alliance (NJPA) y 5+ Shade Structures 7. E&I Cooperative N N 8. The Interlocal Purchasing System (TIPS) N N 9. Other ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount(%):3% Proposed Discount(%):3% Explanation: Proposal Forms CONST v.06.14.2018 Page 27 of 71 i oara Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 • buvboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Shade Structures Inc. r� N Company Name John Saunders, President Signa e of Auth Ized Company Official Printed Name Proposal Forms CONST v.06.14.2018 Page 28 of 71 PCooperative 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 Frisco ISD I Russell Cunningham 1 469-633-6343 1 cunningr@friscoisd.org 1 3% 1 $49,682 2 City of The Colony ( Jackie Kopsa 1 972-624-3950 1 jackie@tcpard.com 1 3% 1 $20,432.16 3 City of Carrolton I Vic Humphrey ( 972-466-4316 1 Vic.Humphrey@cityofcarrollton.com 1 3% 1 $38,923 4 City of Grapevine ( Tony Steele 1 817-410-3349 1 tsteele@grapevinetx.gov 1 3% 1 $169,960 5 Alamo Community College District I John Strybos 1 210-485-0702 1 jstrybos@alamo.edu 1 3% 1 $36,468.06 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 A-1 If YES, please explain: The only deviation which may apply would be for custom sizes not listed on the published price list. By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Shade ru tures Inc. Company ame /� Signature of Authorized mpany Official John Saunders, President Printed Name Proposal Forms CONST v.06.14.2018 Page 29 of 71 ard® 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. (Example: Explain how'your company w111 initially inform Cooperative members of your BuyBoard contract,and how you will continue to support the BuyBoard for the duration of the contract perlod,) Attach additional pages if necessary. See attachment. Shade Structures Inc. Company Name /(S7 J Signature of Authorized Company Official John Saunders, President Printed Name Proposal Forms CONST v.06.14.2018 Page 30 of 71 3# • ## rrr # r Marketing Strategy for BuyBoard 2019 1.0 Executive Summary USA SHADE and Fabric Structures and Vehicle Protection Structures (VPS)are the premier brands of Shade Structures Inc. USA SHADE and Fabric Structures focus on modular shade structures and VPS focuses on hail protection for the automotive industry. USA SHADE is the largest and most capable shade and fabric structure company in the world. This marketing plan illustrates our market segments and the strategies we are employing to get customers and create a solid revenue stream. We have installed over 300,000 structures nationwide in an unparalleled diversity of market segments. The selection of a company to provide shade and weather protection is a critical decision. As the proven leader in the shade industry, USA SHADE offers products and services that competitors are simply unable to match. With in-house experts in Design, Engineering, Fabrication, Manufacturing, Project Management and Construction, USA SHADE is the leaders, innovators and the one's to trust. 1.1 Vision For over 25 years, USA SHADE & Fabric Structures have been the proven leaders in fabric structure design and technology. We have achieved this through an unyielding commitment to innovation and excellence and are dedicated to remaining a ground breaking, cutting-edge company for many years to come. As a vertically integrated business,we offer our clients the comprehensive resources that lead to successful projects and lasting partnerships. From design development top engineering, manufacturing, project management, and construction, we are the single source for your shade and fabric structure solutions. We consistently outperform our competitors because our employees are the best trained most experienced and well-equipped professionals in the industry. USA-SHADE.COM I TF:800.966.5005 1 PH:214.905,9500 1 FX:972.453.0010 1.2 Objectives 1. Increase BuyBoard sales through promotion of the BuyBoard at tradeshows we attend and exhibit. 2. Increase BuyBoard sales through promotion of BuyBoard via our website 3. Increase BuyBoard sales through promotion of BuyBoard through our direct sales force 2.0 Target Markets Our ideal customer is anyone looking to get out of the sun for various reasons of protection. Our customer is concerned about the long term durability of the product and how it will hold up over time due to UV exposure and potential vandalism. Our customer base is founded primarily in parks, playgrounds, and schools. Our clients range from the head of the PTO to the architect,the general contractor, the principal, the maintenance department, the school administration, and the end user. 2.1 Market Definition and Segmentation Parks & Recreation Schools & Daycare Athletic Facilities Aquatics Facilities Custom/Architectural Projects USA-SHADE.COM I TF:800.966.5005 1 PH:214.905,9500 1 FX:972.453.0010 ff i 2.2 Target Market Segment Strategy Parks & Recreation — Very few products help save lives, add color and vibrancy to the local landscape, and are fun all at the same time. Yet that is exactly what our products do! We have successfully completed numerous projects for parks and recreation areas where children are especially vulnerable to the harmful effects of the sun. Our modular and custom structures provide shade, generate cooler temperatures, and assist in the prevention of sun burn, heat stroke and skin cancer while extending the life of recreational equipment. Schools & Daycare - Very few products help save lives, add color and vibrancy to the local landscape, and are fun all at the same time. Yet that is exactly what our products do! We have successfully completed numerous projects for parks and recreation areas where children are especially vulnerable to the harmful effects of the sun. Our modular and custom structures provide shade, generate cooler temperatures, assist in the prevention of sun burn, heat stroke and skin cancer while extending the life of recreational equipment. Our "UV Man" logo symbolizes our commitment to safety and fun in the sun. Athletic Facilities/Aquatic Facilities/Custom/Architectural Projects —Our brands are the proven leaders in the shade structure industry since it's foundation in the early 1990's. We have successfully completed projects nationwide in an unparalleled diversity of market segments — everything from amphitheaters to zoos. The staff maintains and enthusiastic dedication to total service. We recognize that every project is unique and every client is a valued partner. As we have grown, so have our ideas, innovations and capabilities. Our modular structures provide durable, cost-effective shade and weather protection while our custom structures can provide a striking transformation to any outdoor area. With design and manufacturing capabilities second to none, we will continue to develop unique and specific sOolutions for our clients. 2.3 Distribution Channels Our products are currently sold through several distribution channels. The primary channel for USA SHADE is our direct sales force which we have placed in strategic markets such as Houston, Dallas, and Austin here in the Texas market. We also have offices in Orange CA, Las Vegas NV, Mesa AZ,and Atlanta GA. Markets where we don't have direct representation and some markets where we do we also have distributors. Our distributors are primarily playground based representative firms that sell our shade products. We also sell to most of the major playground USA-SHADE.COM I TF:800.966.5005 1 PH:214.905.9500 1 FX:972.453,0010 manufacturers and supply them a private label line as well as integrated shade that is connected to the playground equipment itself. 2.4 Competitive Forces There are many shade manufacturers in the market place however few have been in business for more than 10 years. Staying power in this industry equates to the actual value of the warranty if and when it is needed.The major differences in our competition lie in the engineering areas and affect things like steel sizing and thicknesses and foundation sizes which we refuse to compromise in any of those areas. Our products stand the test of time and our service backs our products even more. 2.5 Communications We will leverage social media and word of mouth along with our trade show promotion of BuyBoard. Platforms such as Twitter, Facebook and YouTube will also be utilized when promoting BuyBoard on any of our existing five websites. We also utilize press releases and news announcements for many of our newly completed projects. We have also begun sending out a quarterly newsletter to our customers where in which we promote BuyBoard. Sincerely, Jay 1 vev-a, Jay Rivera SVP National Sales Cc: Wade White, SVP VPS USA-SHADE.COM I TF:800.966.5005 1 PH:214.905.9500 1 FX;972.453.0010 AO%Mgt grid DF ooperative 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(V)one of the following: NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded 'AYES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets if needed.) Proposal Forms CONST v.06.14.2018 Page 31 of 71 .ard PF ooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com B. Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check W)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 additional sheets if needed.) C.Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D.Consent to Release Proposal Tabulation Notwithstanding anything in this 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. Shade S�fuqtures Inc. Company Na e AY"� Signature of Authorized Company Official John Saunders, President Printed Name 1/18/19 Date Proposal Forms CONST v.06.14.2018 Page 32 of 71 P 0 NO ara 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: shade Structures Inc. (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba,aka, etc.here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check W)one of the following: Type of Business: Individual/Sole Proprietor Corporation x Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Delaware Federal Employer Identification Number: 46-3899811 (Vendor must include a completed.IDS i�/- form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of Proposing Company listed above, only valid trade names(dba, aka, etc.)of the Proposing Company may be used and a copy of your Assumed Name Certificate(s),if applicable,must be attached.) Shade Structures Inc. dba USA Shade and Fabric Structures Proposal Forms CONST v.06.14.2018 Page 33 of 71 Form ® Request for Taxpayer Give Form to the (Rev.October2018) Identification Plumber and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Shade Structures,Inc. 2 Business name/disregarded entity name,if different from above USA SHADE&Fabric Structures M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions codes apply only to rliP Y P� ( PPY Y m following seven boxes. certain entities,not individuals;see a instructions on page 3): o ❑ IndividuaVsole proprietor or El C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate to single-member LLC Exempt payee code(if any) ao -i�+ ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► `o i Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting in' ( code(if an LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC Is y) C c another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that n'w Is disregarded from the owner should check the appropriate box for the tax classification of its owner. d ❑ Other(see instructions)► (Appies to accounts mainfamed outside the U.S.) 5 Address(number,street,and apt,or suite no.)See instructions. Requester's name and address(optional) in Physical:2580 Esters Blvd.Suite 100 Remit To:PO BOX 734158 6 City,state,and ZIP code DFW Airport,TX 75261 Dallas,TX 75373-4158 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number �l backup withholding.For individuals,this is generally your social security number(S .However,for a —m —UIT resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. M46 — 3 1 8 1 9 1 9 1 8 M11 Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign signature of Here U.S.person► ..v) � Lr^� Date► 1/18/19 General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to wwwJrs.gov/FormW9. .Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) �I 201400182936 � RNINC 1l3 Corporations Section 'T E U Nan ita Bern P.O.Box 13697 �>�f _ , . Secretary of State Austin,Texas 7871 1-369? Office of the Secretary of State Tlie undersigned, as Secretary of State of Texas, does here-)y certify that the attached is a true and corret:t copy of each document on file in this office as described below: SHADE STRUCTURE-S, INC. Filing Number: 80t938631 Certificate of Assumed Business Name July 18, 2014 In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on July 21, 2014. Nandita Berry Secretary of State Cane �-uw us on the internei tit hrtp:- www.sos.stare rx.rrs Ptioue:(512)463-5555 Fax: (512)463-5709 Dial:7-1-1 for Relay Services PreparedbV: SOS-WEB TU 10206 Document:554430270003 Form 503 This space reserved for office use. (Revised 09/13) Return in duplicate to: the f the FILED Secretary of State In P O. Box 13697 (Q cre Setary of State of Texas . Austin,TX 7871 1-3697 Assumed Name Certificate JUL 18 2014 512 463-5555 FAX: 512 463-5709 CMpol ations Section Filing Fee: $25 Assumed Naine 1. The assumed name under which the business or profes,;ional service is, or is to be,conducted or rendered is: USA Shade& Fabric Structures Entity Information 2. The legal name of the entity tiling the assumed name is: Shade Structures, Inc. State the name of the entity as currently shown in the records of the secretary of state or on its organizational documents, if not filed with the secretary of state. 3. The entity filing the assurned name is a:(select the appropr atc entity type below.) [J1 For-profit Corporation ❑Limited Liability Company Nonprofit Corporation [I Limited Partnership ❑Professional Corporation ❑Limited Liability Partnership 0 Professional Association ❑Cooperative Association 0 Other Speck type of entity. For example,foreign real estate investment trust,state bank insurance company,etc. 4. The file number, if any, issued to the entity by the secretary of state is: 801938631 5. ]'he state,country,or other jurisdiction of formation of the entity is: Delaware 6. The entity's principal office address is: 11515 Vanstory Drive, Suite 100 Street or Mailing Address Huntersville NC US4 28078 Ci;v State Cot ntry Postal or Zip Code Period of Duration [] 7a.The period during which the assumed name will b+, used is 10 years from the date of filing with the secretary of state. Oil 7b.The period during which the assumed name will b!used is years from the date of filing with the secretary of state(not to exceed 10 years). OR ❑ 7c. The assumed name will be used until (not to exceed.10,years).t to.- RECEIVED ,,,niddrvyy� !t';l .{ ; '�l'1lifi' r . Form 503 County or Counties in which Assumed Name Used 8. The county or counties where business or professional services are being or are to be conducted or rendered under the assumed name are: All counties [] All counties with the exception of the following counties: [V] Only the following counties: Dallas Execution The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and also certifies that the person is authorized to sign on behalf of the identified entity. If the undersigned is acting in the capacity of an attorney in fact for the entity, the undersigned certifies that the entity has duly authorized the undersigned in writing to execute this document. Date: -7 110& Shade Structures, Inc. BY: �L��I�N — Signature c f a person authorized by law to sign on behalf of the identified entity(see instructions) Printed Name: Michael A. Pruss Title: EVP, CFO & Secretary Filed and Recorded Official Public Records John F Warren; County Clerk Dallas County: TEXAS 07/22/2014 11:20 29 AM $24.00 r 201400182936 Form 503 oara 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 ablllty 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 fall to complete any Item In this form, the Cooperative will consider and may 11st the Vendor's response on the BuyBoard as "NO,"the Vendor Is unable or unwllling to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services dellvered to the Cooperative member prior to the termination and not otherwise returned in accordance with 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 Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract"in 41 CFR Part 60-1.3 and Vendor 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. S. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of$100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard 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 DNO ara 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. S. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-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 uard 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 J 8. 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. Shade S cur I c. Company me Signature of Au horized Company Official John Saunders, President Printed Name Proposal Forms CONST v.06.14.2018 Page 37 of 71 PBiro .ara 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. 20+ years Nor for sale or involved in any transaction 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. For Frisco ISD we have completed a project for Bright Elementary School. This included a 60x52 Superspan and a 22x14 fabric replacement valued at$49,682 on February 28, 2018.The point of contact for this project is Russell Cunningham and he may be reached at 469-633-6343. We have also done a project for City of The Colony at Five Star Complex. This included 9 various fabric replacements valued at$20,432.16. The point of contact is Jackie Kopsa and she may be reached at 972-466-4316. 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. We are a vertically integrated company that has our own in-house design and engineering capabilities, manufacturing, project management and construction management. We have the ability to watch the project from start to finish through the whole process, keeping the project in-house to ensure quality and attention to detail. Project Management Dept-15 employees /Design and Engineering-16 employees/Construction Dept-8 employees/Manufacturing-45 employees Proposal Forms CONST v.06.14.2018 Page 38 of 71 s Uard Cooperative Purchasing 12007 Research Boulevard *Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 • buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? Locating a qualified and certified Engineer or Architect in the state that is required, sharing the work that is required for the project and understanding the best mean and methods for a successful outcome. Procuring their services through contract or proposal forhourly rates or by overall project price for the services rendered and time and materials. 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party. Engineering, Design, Project Management, Steel Manufacturing, Fabric Manufacturing, Accounting, Warranty work 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. The Proposer has been, and will continue to be very capable in meeting all its financial commitments. The Proposer is able to get financial support from its Parent Company as needed. The Proposer and its Parent Company have over $20 million of borrowing capacity under their revolving credit facility. See attached insurance sample certificate and bond letter from surety company. 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. None Proposal Forms CONST v.06.14.2018 Page 39 of 71 Awft Ala Uard 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. Our QMS is intended to meet the requirements of the IAS AC-172. It is also intended to provide USA SHADE employees with the necessary information to demonstrate the ability to provide product that meets customer requirements, applicable codes,and regulatory requirements. Further,the QMS is set up to provide USA SHADE employees,customers,and suppliers with processes for continually improving the QMS and enhancing customer satisfaction. 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. Travelers Casualty & Surety Company of America Proposal Forms CONST v.06.14.2018 Page 40 of 71 DwCouperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.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. All of our work comp claims are handled by PMA. Please see attached lost time claims since 2015. 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. Shade Structu,rp,s Inc. Company Name Signature of Authorize ompany Official Proposal Forms CONST v.06.14.2018 Page 41 of 71 Thomas G.Tedesco - Commercial Surety Travelers Bond Phone: (314)579-8306 940 West Port Plaza Fax: (888)400-6771 St. Louis, MO 63146 TTedesco@Travelers.com 12/17/18 Re: SHADE STRUCTURES,INC.DBA USA SHADE&FABRIC STRUCTURES-Surety Company Reference To Whom It May Concern: We are providing this information at the request of Shade Structures, Inc. dba USA Shade & Fabric Structures. Travelers has had a surety relationship with Shade Structures, Inc. dba USA Shade & Fabric Structures dating back to 1995. We have an aggregate surety limit valued at$25 million. We continue to be confident in this principal's ability to perform and we recommend them for your favorable consideration. Travelers has not been required to perform under a labor and material payment bond or performance bond for the referenced company. Travelers Casualty and Surety Company of America is rated A++ by A.M. Best. Please note that the decision to issue any performance and payment bonds for the above mentioned client is a matter between Shade Structures, Inc. dba USA Shade& Fabric Structures and Travelers Casualty and Surety Company of America and will be subject to our standard underwriting at the time of the final bond request,this includes the review of the bond form, contract terms and our other normal underwriting criteria. We assume no liability to third parties or to you if for any reason we do not execute said bonds. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Thomas G. Tedesco Travelers Casualty and Surety Company of America is rated A++ (Superior) by A.M. Best Financial Size Category XIII ($1.25 Billion to$1.5 Billion). A.M. Best's rating of A+ applies to certain insurance subsidiaries of Travelers that are members of the Travelers Insurance Companies pool; other subsidiaries are included in another rating pool or are separately rated. For a listing of companies rated by A.M. Best and other rating services visit www.travelers.com. Ratings listed herein are as of May 30, 2006, are used with permission,and are subject to changes by the rating services. For the latest rating,access ambest.com. CERTIFICATE OF LIABILITY INSURANCE 7MM018 E( /2 YY) 1 /D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). r PRODUCER CONTACTNAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 C. FAx (800) 363-0105 v St. Louis MO office (A/C.No.Ext): AI No. 4220 Duncan Avenue E-MAIL Suite 401 ADDRESS: _ St Louis MO 63110 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Everest National Insurance CO 10120 Shade Structures, Inc. INSURER B: Pennsylvania Manufacturers' Assoc Ins CO 12262 d/b/a USA SHADE & FABRIC STRUCTURES 8505 Chancellor ROW INSURERC: Allied world National Assurance Company 10690 Dallas TX 75247 USA INSURERD: Lloyd's Syndicate NO. 2623 AA1128623 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570074178862 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDlYYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY RC GL 4 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO PREMISES Ea occurcence $300,000 X XCU not excl MED EXP(Any one person) EXCI uded PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO- POLICY �JECT ❑X LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: Deductible $25,000 r B AUTOMOBILE LIABILITY AL 151800 0652321 10/01/201810/01/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) d AUTOS ONLY AUTOS A X HIRED Auios Ix NON-OWNED PROPERTY DAMAGE U ONLY AUTOS ONLY Per accident Collision Deductible $1,000 lU C X UMBRELLALIAB H OCCUR 03115344 10/01/201810/01/2019 EACH OCCURRENCE $5,000,000 U EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION 310.000 B WORKERS COMPENSATION AND wc2018750652321 10 01/2018 10 0l 2 119 X PERSTATUTE oTH- EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N 1 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000- D Archit&Eng Prof B0621PPLAY000418 10/31/2018 10/01/2019 Per claim/Agg Limit $3,000,000 A&E - Claims Made Cvg. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The per location aggregate is subject to a policy cap of $10,000,000. �. Z �.a CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE L_ POLICY PROVISIONS. d" Shade Structures, Inc. AUTHORIZED REPRESENTATIVE dba USA Shade & Fabric Structures 8505 Chancellor ROW .� Dallas TX 75247 USA Jv. ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000052633 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Arm Risk Services Central, Inc. Shade structures, Inc. POLICY NUMBER See Certificate Number: 570074178862 CARRIER 7771 See Certificate Number: 570074178862 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICY NUMBER LIMITS LTR TYPE OF INSURANCE INSD W VD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YY]'Y) (MM/DD/YYVY) AUTOMOBILE LIABILITY B AL 151800 0652321 10/01/2018 10/01/2019 Comprehensiv $1,000 e Deduct ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000052633 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services Central, Inc. shade structures. Inc. POLICY NUMBER See Certificate Number: 570074178862 CARRIER NAIC CODE See Certificate Number: 570074178862 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Companies Affording coverage LINE OF BUSINESS DESCRIPTION POLICY NUMBER POLICY POLICY COMPANY NAIC PRIMARY PERCENTAGIF EFFECTIVE EXPIRATION (Y/N) OF DATE DATE FLAG RISK (MM/DD/YYYY) (mN'/DD/YYYY) Umbrella Liability 03115344 10/1/2018 10/1/2019 Allied World National 10690 Y 100 Assurance Company Business Auto Coverage AL 151800 10/1/2018 10/1/2019 Pennsylvania Manufacturers' 12262 Y 100 0652321 Assoc Ins Co Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's Syndicate No. 5678 AA11201 N 33.33 Professional Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's Syndicate No. 2623 AA1128 Y 27.30E Professional Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's syndicate No. 4020 AA1120 N 6.674( Professional Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's syndicate No. 4000 AA1126 N 6.674( Professional Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's Syndicate No. 2488 AA11284 N 6.674( Professional Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's Syndicate No. 1084 AA1127 N 6.674( Professional Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's syndicate No. 2987 AA1128 N 6.674( Professional Architects & Engineers B0621PPLAY000418 10/31/2018 10/1/2019 Lloyd's Syndicate No. 623 AA1126 N 5.994( Professional General Liability RC8GL00084181 10/1/2018 10/1/2019 Everest National Insurance Co 10120 Y 100 Coverage Workers Compensation - WC2018750652321 10/1/2018 10/1/2019 Pennsylvania Manufacturers' 12262 Y 100 Casualty Assoc Ins Co The Subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations. ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AMR INTERNATIONAL ACCREDITATION SERVICE" CERTIFICATE OF ACCREDITATION This is to attest that SHADE ST' 111' o INC. 8319 CHANCELLOR ROW DALLAS, TEXAS 75247 Fabricator Inspection Program FA-428 has met the requirements of AC172, IAS Accreditation Criteria for Fabricator Inspection Programs for Structural Steel, and its in-plant inspection program for structural steel fabrication is in compliance with Section 1704.2.5.1 of the 2015 and 2018 International Building Code®, Section 1704.2.5.2 of the 2012 International Building Code°, and Section 1704.2.2 of earlier code editions. Periodic plant inspections are conducted by Architectural Testing, Inc. (AA-676) to monitor compliance with the requirements of AC172. This certificate is valid up to September 1,2019. (Accreditation does not cover the product or the specific design or performance characteristic of the fabricated products) m}� r This accreditation certificate supersedes any IAS .��� #.t accreditation bearing an earlier effective date.The i• certificate becomes invalid upon suspension, p_ � cancellation or revocation of accreditation. s INIERNA110NAl ] ■ See www.iasonline.or for current accreditation ACCREOIIATON Raj Nathan information,or contact IAS at 562-364-8201. SERVICE President aB r^-I 00 00 O O O O O v Ln n o u\i n u Ln Ln m o� Q � to W s. e► Cj +Q� X X X X X F- F- F- F- ++ O O O O O + O O O O O + a 1-4 O 00 O N # Oj cY 00 lU ri u1 to r- r, 00 u1 cl 4. v N N M M F� • * # Q ¢ Q Q Q •` J N J N J N J N J Ln QZQZ ¢ Z Z ¢ Z 00 0200000000 1- F- F- - 1- o cn Q cn Q cn F-Q cn Q cn Q O >� Q—= mwmwama = • N v O w 0 w 0 w 0 w ow +' In •j 0E- 0E- OHOFx- O a M +♦ J W W y � � Q Z Z o; -� -iz O -, O � a 4 vi w vi w O in w Ln w .. �^ w = w = Q Z Z U = 2 u7>- LJ uIX = Z = Z „► 0� Q Q cL a c¢n 0 0 0 Q0 y a 0 0 0 0 fl O n u v u O ►J G, IS 0 i= 0 i= 0 i= 0 f= 0 i= � � 0 4. N 00 lD 1�r1lQj -Q Q1 O M M O v Q v Z O N O w O z a NLd F- Q Z w ¢ w � z N aC W Q -mow, N ¢ m v¢j C� L 0000 Ln 00 ,M-i cM-i N Ln 0 m w m Z m w m w Ln r-i ri t-i c-i N O O 0 0 O L-PITZBoard' Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 buyboard.com REQUIRED FORMS CHECKLIST (Please check(d)the following) Completed: Proposer's Agreement and Signature L`J Completed: Vendor Contact Information �( Completed: Felony Conviction Disclosure and Debarment Certification CJ Completed: Resident/Nonresident Certification [� Completed: No Israel Boycott Certification L� Completed: No Excluded Nation or Foreign Terrorist Organization Certification Completed: Historically Underutilized Business(HUB) Certification) Completed: Construction Related Goods and Services Affirmation Completed: Deviation/Compliance Completed: Location/Authorized Seller Listings Completed: Manufacturer Dealer Designation Completed: Texas Regional Service Designation Completed: State Service Designation Completed: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience Completed: Governmental References LJ Completed: Marketing Strategy Completed: Confidential/Proprietary Information L� Completed: Vendor Business Name with IRS Form W-9 (� Completed: EDGAR Vendor Certification (�I 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 USA Headquarters Mailing Address U SAS H A D E DFW International Commerce Park P.D. Box 3467 & Fabric Structures 2580 Esters Blvd., Suite ]00 Coppell,TX 75019 DFW Airport,TX 75261 1 US Pastas Service FedEx and UPS Shipments Manufacturer • fs • We are the manufacturer • •• not have any authorized 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