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HomeMy WebLinkAboutContract 57329 CSC No. 57329 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement("Agreement")is entered into by and between LSM Outdoor Power dba JHouston Holdings LLC ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and 4. Exhibit C—Conflict of Interest Questionnaire Exhibits A, B, and C,which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of One Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be for one year beginning on June 1, 2021 and ending on May 31, 2022. The City shall be able to renew this agreement for one (1) one-year renewal option by written agreement of the parties. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: To VENDOR: City of Fort Worth LSM Outdoor Power dba JHouston Holdings LLC Attn: Valerie Washington, Assistant City Manager Dennis Hendrix, Outside Sales 200 Texas Street Fort Worth, TX 76102-6314 Address: Facsimile: (817) 392-8654 483 N Main St. Keller, TX 76248 With copy to Fort Worth City Attorney's Office at same address Facsimile: N/A 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�y � By signing I acknowledge that I am the person By: Valerie WashingW 2 214.: .DT) responsible for the monitoring and administration of this J Name: Valerie Washington contract,including ensuring all performance and Title: Assistant City Manager reporting requirements. Date: ln�G:sZw�i Gdd/2G� APPROVAL RECOMMENDED: By: michae once(Mar27,202216:03CC Name: Michael Coonce R'MgWZ-9V919 Title: Fleet Coordinator,Park and Recreation By: Richard Zavala(Mar 28,202208:55 CDT) Name: Richard Zavala APPROVED AS TO FORM AND LEGALITY: Title: Park&Recreation Director ATTEST: By: Name: Taylor Paris Title: Assistant City Attorney By: J nette S.Goodall(Mar 31,2( /CDT) .p44a4n aq FORT��a Name: Jannette Goodall Op°°°° °°°°�oa> CONTRACT AUTHORIZATION: Title: City Secretary vim° o�-+o M&C: N/A Pvo o o C VENDOR: oaaa °° °°*p n °°°° �TEXASaOp bRunaoo LSM Outdoor Power dba usto Holdings LLC By: Name: Dennis Hend x Title: Outside Sales OFFICIAL RECORD CITY SECRETARY Date: FT. WORTH, TX Exhibit A LSM Outdoor Power - Keller WORK ORDER EPR 21- 3549 48684 483 N. Main Street Thank you for your business! We hope to see you back soon. Items must be Keller, TX 76248 returned in the original package. Receipt required for full credit. Restocking Phone: (817)431-3341 Fax: (817)431-6015 fee of 20%on all returned parts. No returns on electrical parts. Bill To Ship To CITY OF FORT WORTH FLEET 5021 JAMES AVE FORT WORTH, TX 76115 Customer Contact Customer Tax Number Phone Cell Phone Transaction PO Number 26146 (817)392-8356 Charge Counter Person Sales Person Date Printed Reference I Email Address Department Dennis Hendrix I Dennis Hendrix 1 03/23/22 48684 1 laurena.hamilton@fortworthtexas.gov Counter Sales Part Number Line Description Ordered B/O'd Shipped List Net Each Amount 618048 MISP CANOPY ALUM 48 1 1 $460.00 $460.00 $460.00 Model Line Description Ordered B/O'd Shipped List Net Amount LZS80TDYM72RWO EXQW LZ DIESEL 72 REAR DIS 1 1 $21,519.00 $21,519.00 Note COOP NAME BUYBOARD CONTRACT MSRP$28,193.00 NUMBER 611-20 VALID THROUGH 12-31-2022 Due to shortages -prices have increased as manufacturer Invoice Total $21,979.00 price increased Sales Tax $0.00 Old $15,869.00 Grand Total $21,979.00 New $21 ,979.00 Variance $6,110.00 Thank you for your business! We hope to see you back soon. Items must be returned in the original package. Receipt required for full credit. Restocking fee of 20% on all electrical parts. Notes: 11111111 1mill lolls Customer acknowledges receipt thereof: i LSM Outdoor Power- Keller WORK ORDER#48684 -CITY OF FORT WORTH FLEET Page 1 of 1 LSM Outdoor Power - Keller WORK ORDER EPR 21- 3544 47585 483 N. Main Street Thank you for your business! We hope to see you back soon. Items must be Keller, TX 76248 returned in the original package. Receipt required for full credit. Restocking Phone: (817)431-3341 Fax: (817)431-6015 fee of 20%on all returned parts. No returns on electrical parts. Bill To Ship To CITY OF FORT WORTH FLEET 5021 JAMES AVE FORT WORTH, TX 76115 Customer Contact Customer Tax Number Phone Cell Phone Transaction PO Number 26146 (817)392-8356 Charge Counter Person Sales Person Date Printed Reference I Email Address Department Dennis Hendrix Zach Gatti 03/23/22 47585 1 laurena.hamilton@fortworthtexas.gov Counter Sales Part Number Line Description Ordered B/O'd Shipped List Net Each Amount 618048 MISP CANOPY ALUM 48 1 1 $460.00 $460.00 $460.00 Model Line Description Ordered B/O'd Shipped List Net Amount LZS80TDYM72RWO EXQW LZ DIESEL 72 REAR DIS 1 1 $21,519.00 $21,519.00 Note COOP NAME BUYBOARD CONTRACT: MSRP$27,749.00 NUMBER 611-20 VALID THROUGH 12-31-2022 Due to shortages -prices have increased as manufacturer price increased Invoice Total $21,979.00 Old $15,869.00 Sales Tax $0.00 New $21,979.00 Variance $6,110.00 Grand Total $21,979.00 Thank you for your business! We hope to see you back soon. Items must be returned in the original package. Receipt required for full credit. Restocking fee of 20% on all electrical parts. Notes: Will 11011111. 1111 1 Customer acknowledges receipt thereof: mill J � LSM Outdoor Power- Keller WORK ORDER#47585 -CITY OF FORT WORTH FLEET Page 1 of 1 LSM Outdoor Power - Keller WORK ORDER EPR 21- 3548 48688 483 N. Main Street Thank you for your business! We hope to see you back soon. Items must be Keller, TX 76248 returned in the original package. Receipt required for full credit. Restocking Phone: (817)431-3341 Fax: (817)431-6015 fee of 20%on all returned parts. No returns on electrical parts. Bill To Ship To CITY OF FORT WORTH FLEET 5021 JAMES AVE FORT WORTH, TX 76115 Customer Contact Customer Tax Number Phone Cell Phone Transaction PO Number 26146 (817)392-8356 Charge Counter Person Sales Person Date Printed Reference I Email Address Department Dennis Hendrix I Dennis Hendrix 1 03/23/22 48688 1 laurena.hamilton@fortworthtexas.gov Counter Sales Part Number Line Description Ordered B/O'd Shipped List Net Each Amount 618048 MISP CANOPY ALUM 48 1 1 $460.00 $460.00 $460.00 Model Line Description Ordered B/O'd Shipped List Net Amount LZS80TDYM724WO EXQW LazerZ Diesel 72 1 1 $21,199.00 $21,199.00 Note COOP NAME BUYBOARD MSRP$27,749.00 CONTRACT NUMBER 611-20 VALID THROUGH 12-31-2022 Invoice Total $21,659.00 Sales Tax $0.00 Grand Total $21,659.00 Thank you for your business! We hope to see you back soon. Items must be returned in the original package. Receipt required for full credit. Restocking fee of 20% on all electrical parts. Notes: Will I I Customer acknowledges receipt thereof: I I mill I I LSM Outdoor Power- Keller WORK ORDER#48688 -CITY OF FORT WORTH FLEET Page 1 of 1 LSM Outdoor Power - Keller WORK ORDER EPR 21- 3543 48697 483 N. Main Street Thank you for your business! We hope to see you back soon. Items must be Keller, TX 76248 returned in the original package. Receipt required for full credit. Restocking Phone: (817)431-3341 Fax: (817)431-6015 fee of 20%on all returned parts. No returns on electrical parts. Bill To Ship To CITY OF FORT WORTH FLEET 5021 JAMES AVE FORT WORTH, TX 76115 Customer Contact Customer Tax Number Phone Cell Phone Transaction PO Number 26146 (817)392-8356 Charge Counter Person Sales Person Date Printed Reference I Email Address Department Dennis Hendrix I Dennis Hendrix 1 03/23/22 48697 1 laurena.hamilton@fortworthtexas.gov Counter Sales Part Number Line Description Ordered B/O'd Shipped List Net Each Amount 618048 MISP CANOPY ALUM 48 1 1 $460.00 $460.00 $460.00 Model Line Description Ordered B/O'd Shipped List Net Amount LZS80TDYM724WO EXQW LazerZ Diesel 72 1 1 $21,199.00 $21,199.00 Note COOP NAME BUYBOARD CONTRACT: Grounds Mtnc Equip, Irrigation NUMBER 611-20 28%discount MSRP$27,749.00 VALID THROUGH 12-31-2022 Due to shortages -prices have increased as manufacturer price increased Invoice Total $21,659.00 Old $15,869.00 Sales Tax $0.00 New $21,659.00 Variance $5,790.00 Grand Total $21,659.00 Thank you for your business! We hope to see you back soon. Items must be returned in the original package. Receipt required for full credit. Restocking fee of 20% on all electrical parts. Notes: � 11111111 Customer acknowledges receipt thereof: mill LSM Outdoor Power- Keller WORK ORDER#48697 -CITY OF FORT WORTH FLEET Page 1 of 1 ® Exhibit B Board PFCapperative Purchasing P.O. Box 400 Austin, TX 78767-0400 609.695.2919 / 512.467.0222 / Fax:800.211,5454 buyhoard.com April 29, 2020 Sent Via Email: charles@lonestarmower.com Charles Smith LSM Outdoor Power 483 N. Main St. Keller, TX 76248 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installation, Proposal No. 611-20 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. The contract is effective 6/1/2020 through 5/31/2021, 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. 611-20 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, = Tea Texas Municipal League, Texas Association of Counties,and the Texas Association of School Administrators.W.' Board Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Grounds Maintenance Proposal Due Date/Opening Date and Time: Equipment, Irrigation Parts, Supplies and December 5, 2019 at 4:00 PM Installation Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 611-20 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: April 2020 June 1, 2020 through May 31, 2021 with two (2) possible one-year renewals. LSM Outdoor Power 11 /19/2019 Name of Proposing Company Date 483N Main St (�fsmZeAt Street Address Signature of Authorized Company Official Keller, TX. 76248 Charles Smith City, State, Zip Printed Name of Authorized Company Official 817-478-3005 Outside Sales Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 27-1699857 Fax Number of Authorized Company Official Federal ID Number Page 10 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 • buvboard.com VENDOR CONTACT INFORMATION Name of Company: LSM Outdoor Power Vendor Proposal/Contract Contact Name: Charles Smith Vendor Proposal/Contract Contact E-mail Address: CharteS@IOnestarmOWer.COm Vendor Contact Mailing Address for Proposal/Contract Notices: 483 N. Main Keller, TX. 76248 Company Website: www•Ismoutdoor.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: 0 I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: charles@lonestarmower.com Purchase Order Contact: Charles Smith Phone: 817-478-3005 Alternate Purchase Order E-mail Address: Justin@lonestarmower.com Alternate Purchase Order Contact: Justin Houston Phone: 817-478-3005 ❑ 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: RFQ E-mail Address: charles@lonestarmower.com RFQ Contact: Charles Smith Phone: 817-478-3005 Alternate RFQ E-mail Address: Justin@Ionestarmower.com Alternate RFQ Contact: Justin Houston Phone: 817-478-3005 Page 12 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 ' buvboard.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: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: 0 Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: 100 Syble Jean Dr Department: City. Burleson State: Texas Zip Code: 76028 Contact Name: Justin Houston Phone: 817-478-3005 Invoice Fax: Invoice E-mail Address: Justin@ IOnestarmower.COm Alternative Invoice E-mail Address: will@lonestarmower.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: **If Vendor authorizes a billing agent to recelve and process service fee Invoices, In accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that noth/ng/n that deslgnatlon shall relleve Vendor of its responsiblllties and obllgatlons under the Contract Including, but not limited to,payment of a#service fees under any Contract awarded Vendor. Page 13 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board 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 N) one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) 0 My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s)who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. LSM Outdoor Power Company Name gZed�&� 116144&�,t- Justin Houston Sign re 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. LSM Outdoor Power Company Name cia4A4- Smz� Charles Smith Signature of Authorized Company Official Printed Name Page 14 of 72 Proposal Forms COMM/SVCS v.09.12.2019 PWBoard C00Pef%1t'F,&Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 • buvboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a"resident"proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a"nonresident"proposer under these definitions. Please check (,/)one of the following_ ❑■ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name Address City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? Ll Yes U No B. What is the prescribed amount or percentage? $ or VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check(,/)one of the followina: ❑ Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/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. LSM Outdoor Power Company Name cxl l'm'�66 Charles Smith Signature of Authorized Company Official Printed Name Page 15 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov T CODE Ch. 2270). Accordingly,this certification form is included to the extent required by law. "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?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. LSM Outdoor Power Company Name Charles Smith Signature of Authorized Company Official Printed Name Note; If Vendor does not w/sh to make this certIf/cat/on,return the blank form In Ileu of a completed certlflcatlon, 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. LSM Outdoor Power Company Name Charles Smith Signature of Authorized Company Official Printed Name Page 16 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board 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(y[) 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: 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. LSM Outdoor Power Company Name Charles Smith Printed Name C. I�h2-& Signature of Authorized Company Official Page 17 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative 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'l, Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buvboard.com/Vendor/Resources.asQxx, 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. LSM Outdoor Power Company Name CIW'4_z� since Charles Smith Signature of Authorized Company Official Printed Name 11 /19/2019 Date Page 18 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(A one of the following_ ❑■ NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑■ Common Carrier X Company Truck ❑■ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ❑■ Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 5 ARO 4. Vendor Reference/Quote Number: 5. State your return policy: No return on electrical or installed parts, parts must be in original package and new condition, no return on special orders 6. Are electronic payments acceptable? ❑Yes ❑ No 7. Are credit card payments acceptable? MYes ❑ No LSM Outdoor Power Company Name C&4A'el '�Ml& Charles Smith Signature of Authorized Company Official Printed Name Page 19 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454• buyboard.com LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Lone Star Mower Company Name 100 Syble Jean Dr. Address Burleson Texas 76028 City State Zip 817-478-3005 Phone Number Fax Number Charles Smith Contact Person �S cy"") � .) � c� IZS Company Name 3t Address City State Zip Ph a Number Fax Number 1) rN Contact Person Page 20 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board 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 Reglona/Service Deslgnatlon form for each group of products and dearly Indicate the products or services to which the deslynatlon applies In the space provided at the end of this form. By deslgnating a region or regions, you are certifying that you are authorized and willing to prov/de the proposed products and services In those regions. Designat/ng regions In which you are either unable or unwllling to provide the specified products and services shall be grounds for ether 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 0 I will service Texas Cooperative members statewide. —.4A jEl ❑ I will not service Texas _ Cooperative members F— "' statewide. I will only service members in the regions checked below: R ion H d uart e ea a ers (°� "" �' 1( ❑ 1 Edinburg ❑ 2 Corpus Christi •� ❑ 3 Victoria j 8 ❑ 4 Houston 4�. `�[ ❑ 5 Beaumont ❑ 6 Huntsville Y, ❑ 7 Kilgore "r ❑ 8 Mount Pleasant O-I 4•.�. ��� �°"` ❑ 9 Wichita Falls �� ``%f' ❑ 10 Richardson ❑ 11 Fort Worth �'�� iw �� ❑ 12 Waco w _ ❑ 13 Austin ❑ 14 Abilene �' - - ❑ 15 San Angelo �,.`.� ❑ 16 Amarillo LSM Outdoor Power ❑ 17 Lubbock ❑ 18 Midland Company Name ❑ 19 El Paso (�� �� ❑ 20 San Antonio Signature of Authorized Company Official Charles Smith ❑ I will not service members Printed Name of the Texas Cooperative. Page 22 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:Yyou 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 deslgnatlon 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 wllling to prov/de the proposed products and services In those states. Designating states In which you are either unable or unwliling to prov/de the spectfled products and services shall be grounds for elther rejectlon of your proposal or, if awarded, terminatlon of your Contract. Please check Gall that apply: ❑ I will service all states in the United States. ❑E 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 24 of 72 Proposal Forms COMM/SVCS v.09.12.2019 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE DWERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $ . (The period of the 12 month period is / ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. CURRENT FORMER VENDOR (Y/N)? — AWARDED PURCHASING VENDOR? • •D GROUPD•• •• 1. Federal General Services Administration N 2. T-PASS(state of Texas) N 3. OMNIA Partners N 4. Sourcewell (NJPA) N 5. E&I Cooperative N 6. Houston-Galveston Area Council (HGAC) N 7. Choice Partners N 8. The Interlocal Purchasing System (TIPS) N 9. Other N ❑■ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYSOARD 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(%): Proposed Discount(%): Explanation: Proposal Forms COMM/SVCS v.09.12.2019 Page 28 of 72 Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. LSM Outdoor Power Company Name C'4� Charles Smith Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.09.12.2019 Page 29 of 72 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1 City of Irving Charlie Wilson 972.721 .2517 cwwilson@cityofirving.org 2 City of Dallas Dan Hoffman 214.671 .0133 daniel.hoffman@dallascityhall.com 3 City of Cedar Hill Shawn Ray 972.291 .5100 shawn.ray@cedarhilltx.com 4. FWISD Wayne Heppel 817.740.5569 wayne.heppel@fwisd.org 5 Dallas Baptist University Johnny Hernandez 469.774.6502 johnny@dbu.edu 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 K If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. LSM Outdoor Power Company Name cxl� Signature of Authorized Company Official Charles Smith Printed Name Proposal Forms COMM/SVCS v.09.12.2019 Page 30 of 72 PFBoard Capperziffire Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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. { Explain how your company wl/1 Jnitlalty inform Gaoperai�'t memt�ers ofr BuyBvarx/ canira and haw you will aonimue to support the BuyBoard for the duration of the mntract,p od.) Attach additional pages if necessary. We have three employees who's job is outside sales only, we also promote via mass emails and advertise via at sporting events, trade shows and other industry related outlets for landscape and equipment products. It is our intent to only be a member of Buyboard, I've worked with Buyboard some ten years or so and have found it to be the superior cooperative, supporting it is priority and we will promote and talk about Buyboard to all appropriate customers who would use the service or are currently using it LSM Outdoor Power Company Name C. // 1!�Mz&i Signature of Authorized Company Official Charles Smith Printed Name Proposal Forms COMM/SVCS v.09.12.2019 Page 31 of 72 PFBoard Coopecat've 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 M one of the following: ME 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 "YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets if needed.) Proposal Forms COMM/SVCS v.09.12.2019 Page 32 of 72 PFBoard Cooperative 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 M one of the following: MNO, 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. LSM Outdoor Power Company Name rx� smzit� Signature of Authorized Company Official Charles Smith Printed Name 11/19/2019 Date Proposal Forms COMM/SVCS v.09.12.2019 Page 33 of 72 Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.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: LSM Outdoor Power (List the iCga[name of the company seeking to contract with the Cooperative. Do AQ—T 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 M one of the following: Type of Business: Individual/Sole Proprietor x Corporation Limited Liability Company Partnership Other If other, identify _ State of Incorporation (if applicable): Federal Employer Identification Number: 81-2721917 (Vendor must include a completed IRS, J- 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.) Proposal Forms COMM/SVCS v.09.12.2019 Page 34 of 72 Form Request for Taxpayer Give Form to the (Rev.October2018) Identification Number 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. JHOUSTON HOLDINGS LLC 2 Business name/disregarded entity name,if different from above LSM OUTDOOR POWER 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 rn following seven boxes. certain entities,not individuals;see (ainstructions on page 3): n C ✓❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate 0 c single-member LLC Exempt payee code(if any) ao '� ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P-Partnership)► `0 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 a LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that a is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Other(see instructions)► (Appliestoec w fsmeintwnedoutsfde Me U.S.) y 5 Address(number,street,and apt_or suite no See instructions Requester's name and address(optional) aD <n 483 N. MAIN ST. 6 City,state,and ZIP code KELLER TX.76248 7 List account number(s)here(optional) JUM 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 backup withholding.For individuals,this is generally your social security number(SSN).However,for —IE — 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 Employer identification number Number To Give the Requester for guidelines on whose number to enter. F8fli — 2 7 2 1 9 1 7 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 a not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of Here I U.S.person► INDate► p� General Instructions •Form 1099-DIV(dividends,incl ing th a 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 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormWg. •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) taxpayer individual taxpayer identification number(ITer id,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) he subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev,10-2018) DuBoard Cooperzithreftrobvdag 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. _ N0 _L.da N0, ree_ _.i . _ _ Jni#al 1. Vendor Violation or Breach of Contract Terms YES CS 2. Termination for Cause or Convenience YES CS 3. Equal Employment Opportunity YES CS 4. Davis-Bacon Act YES CS 5. Contract Work Hours and Safety Standards Act YES CS 6. Right to Inventions Made Under a Contract or Agreement YES CS 7. Clean Air Act and Federal Water Pollution Control Act YES CS 8. Debarment and Suspension YES CS 9. Byrd Anti-Lobbying Amendment YES CS 10. Procurement of Recovered Materials YES CS 11. Profit as a Separate Element of Price YES CS 12. General Compliance and Cooperation with Cooperative Members YES CS 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. LSM Outdoor Power Company Name Signature of Authorized Company Official Charles Smith Printed Name Proposal Forms COMM/SVCS v.09.12.2019 Page 38 of 72 PFBoard Cooperat' Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 •buvboard.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'D under the BuyBoard contract contemplated by this Proposal Invitation ("Contract'l. 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. Owner of LSM has been in equipment business over ten years, there are no other former names of either dealership. The company is not for sale and there are no plans to place it up for sale. 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. We curently have twenty one employees and management in place at both dealerships to manage them. Our staff has very heavy experience in the landscape equipment industry with over 125 years of combined experience, we know equipment, parts and customer service 3. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. LSM Outdoor Power is a financially sound company, there are no bankruptcy issues with either the owner or the business in their backround, the company carries a one million dollar liability insurance policy to protect our customers as well as the business, total sales between both dealerships is aprox eight million dollars Proposal Forms COMM/SVCS v.09.12.2019 Page 39 of 72 Board Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 . FAX: 800-211-5454 • buyboard.com 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. There are no pending judgements or active judgements against the company 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. None 6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers,agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. None 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. LSM Outdoor Power Company Name cf'' 113h2Z&i Signature of Authorized Company Official Proposal Forms COMM/SVCS v.09.12.2019 Page 40 of 72 Board Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.com REQUIRED FORMS CHECKLIST (Please check(v�the following) [� Completed: Proposer's Agreement and Signature ® Completed: Vendor Contact Information 91 Completed: Felony Conviction Disclosure and Debarment Certification ❑X Completed: Resident/Nonresident Certification Completed: No Israel Boycott Certification ® 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 ® Com Ideted: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience ® Completed: Governmental References Completed: Marketing Strategy ® Completed: Confidential/Proprietary Information © Completed: Vendor Business Name with IRS Form W-9 ® Completed: EDGAR Vendor Certification ® Completed: Proposal Invitation Questionnaire ® Completed: Required Forms Checklist ® Completed: Proposal Specification Form with Catalogs/Pricelists and Manufacturer Letters *Ghg�PrlllsY;,mugtGe"'submrlt�d►N�Pm..P,Ps_aL �li!�pOns�l►_�1not'fj�"�pn__ Proposal Forms COMM/SVCS v.09.12.2019 Page 41 of 72 Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(,/)the following) ZOmpleted: Proposer's Agreement and Signature mpleted: Vendor Contact Information Vwmpleted: Felony Conviction Disclosure and Debarment Certification J leted: Resident/Nonresident Certification m leted: No Israel Boycott Certification mpleted: No Excluded Nation or Foreign Terrorist Organization Certification m leted: Historically Underutilized Business(HUB) Certification) ompleted: Construction Related Goods and Services Affirmation ompleted: Deviation/Compliance 1--- Completed: Location/Authorized Seller Listings ;///,c omoleted: Manufacturer Dealer Designation Completed: Texas Regional Service Designation m let d: State Service Designation J Coro let : National Purchasing Cooperative Vendor Award Agreement m I ted: Federal and State/Purchasing Cooperative Experience ompleted: Governmental References Completed: Marketing Strategy Completed: Confidential/Proprietary Information Completed: Vendor Business Name with IRS Form W-9 Completed: EDGAR Vendor Certification / Completed: Proposal Invitation Questionnaire ✓ Completed: Required Forms Checklist Completed: Proposal Specification Form with Catalogs/Pricelists and Manufacturer Letters �*�falo9�?r+�e/lsrsroses€be;.�imrn�dxnr9a_oS�t,! se�orr.�,Jl?'l_:+�t. e_ Proposal Forms COMM/S/CS v.09.12.2019 Page 41 of 72 4-1� $ R aQ1i o O p� N N C �n C V O C Iu 0 �O o o c _ 'c 8 a w m w a a o LL _ �aj C 10 (Q •iQi 02 O Z N O X z z C C E G y (n� � w Z y C U Y. p Q1 1 O i. „�. rL f� Q W G 0 O m �i, O � CD J M C d, m E Z C N N C) N upl t •0 �QL��, C N CDi 6 77 � y - f (o O` Ca2 O o°C o a Ifl C ;r �; • o o •� o O o 0 ul o O g Ln C = N -4 N O C v. 41 w = .N Y c :O i M iC Cn - (6 p O O p p L fa � �Opp C V r •}Ca }�q� � _gip � ` m E 2 E � t7 ? w (n f-' Z X 12 W 12 L C _ FI P N M C . 3 M Z. 0) '� W d C �• C.a11 •�iC = p � � c yam' f g � i ° C •°O C cc C � {7 C O C C y w N d a Cr o 0e c IO ... {i`JJ L.Lj� o >' �^ o P u v Ca C t O w N 41 � V y 4� O w d � Q) R V. 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W c O . p O c 7 C c ip y d u ce" W .� S c C u f a' .3 a a' C �. � C o c 0 c L - c G p o i c J o d 2 c �1 10 1p R d oC m -y a C a 0 C .1 'v c O Zr �� � '° O N �p _ M Q a` O � i_ �° � F' ° c c o N in D� � in B .0 D .0 'F- 3 C +�`pg 'a0-,� 3 a 3 o 'a 'v a �..� ` i O w a+ U C ai �Q � 0 N c H 10 p c E 0 040. a�i9 Q fie .= m o& t Z gyp = a '0p = pgLc 41 d u W En Cyl V o H e 1c0 E m C E W � 71 IA.5 o m � � aci � � c 10 0 3 0 � = aHa u° �O . oC ••.5 aC 00uf 10 0• c CD Ln Br.N C. � a� °' 'p 0 2 0 C M R O zi N 0 a E � � 1c0 N `` w � Q C W ro O O `^ c u - c m R m O a o ° aci G u aJO o - ro a E c , �. _ u aui c c a d LOp 'gyp Q of•L N r0 +, a Cn a ,, c u P C a c u rn C p v� a) r0 �. i c c �. '-' N o ° �A N ro uc U= o -- oCp LU 1. NE = 3fi4 Z:' M N 4)RedMat 9335 Harris Corners Pkwy. Charlotte, N.C. 28269 10/5/2019 To whom it may concern, LSM Outdoor Power of 483 N. Main St. Keller, TX. 76248 is an authorized sales and service dealer of Redmax landscape equipment PROFESSIONAL ' ' n Count on it. TURF PRODUCTS November 20, 2019 To Whom It May Concern, LSM Outdoor Power of Keller, is an authorized equipment dealer of Toro LCE products. They are an authorized facility for parts, service, and warranty claims for Toro LCE products. LSM has access to the latest service and repair manuals, and is qualified to perform and maintenance or repair to Toro LCE products. Regards, Beau Ferren Account Executive RLC Division T-10NDA American Honda Motor Co.,Inc. 4900 Marconi Drive Alpharetta,GA 30005-8847 November 21, 2019 JHOUSTON HOLDINGS LLC. (#324371) dba LSM OUTDOOR POWER 483 N MAIN ST KELLER,TX 76248 To Whom It May Concern: LSM OUTDOOR POWER is an authorized Honda Power Equipment (Generator, Lawnmower, Hand Held, Tiller&Water Pump)dealer located in Keller,TX. LSM OUTDOOR POWER is in good standing with American Honda Motor Co., Inc. ("AHM"), U.S. distributor for Honda Products. As an authorized Honda dealer, LSM OUTDOOR POWER has the ability to purchase available Honda products and parts from AHM (in the Honda product lines cited above) and the rights to retail and service those same Honda products subject to the provisions and restrictions of LSM OUTDOOR POWER's Honda Sales Agreement. If you have any questions, please feel free to contact me at(678) 339-2591 Sincerely, American Honda Motor Co., Inc. Jon DePratt Assistant Manager, Dealer Development. CRC* EvAlAls S T I H L O 1 8 T R I B U T O R Authorized STIHL Dealership: Nov. 21 st 2019 To Whom It May Concern: LSM Outdoor at 483 N. Main St. Keller TX 76248 is currently appointed as an authorized dealer for STIHL products. They are an authorized warranty service facility, as well as an authorized service, repair, maintenance and parts supply facility for the OEM. In accordance with the STIHL no-mail order policy, STIHL Inc. does not permit delivery of its products via mail or shipment. Delivery of any STIHL product to a customer must be made in person by a trained Retailer employee. Robin Hastings—Sales & Marketing Manager Blue Mountain Equipment STIHL Wholesale Distributor TX/ OK 1800 South Airport Drive McKinney TX 75069 1 972-548-9045 ext. 103 ■ B08 Hwy 34 West Marble Hill,M0 63764 phL CDC* 13MF 1 BOOS.Airport Drive McKinney,TX 75069 phone 972.548 9045 fax.972.54B.9081 S T I H L 0 1 S T R I B U T 0 R 0--s'Ll To Whom it may concern, This communication is to inform you, LSM Outdoor Power is an authorized eXmark deafer, in Sales, parts and service. Thank you, j 1 Doug Curtis Territory manager RW Distributors 214-548-9575 Doug.exmark@gmaii.com 0 MM"i �Cdi�► 423 E.JEFFERSON • 214-948-7387 or 1-800-627-7276 • DALLAS,TEXAS 75203-2697 December 4, 2019 To Whom It May Concern, Lone Star Mower Repair, 100 Syble Jean Dr., Burleson, TX 76028 is a dealer with Marr Bros., and is authorized to sell Mackissic and Ohio Steel products. Thank you. 41i Mo Vicki Marr Steele Warehouse Distributors of Original Factory Parts Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer abWwhthe information is being disclosed. Name of Officer 4J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. s ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 17 003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021