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HomeMy WebLinkAboutContract 57360CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement (“Agreement”) is entered into by and between Winston Water Cooler, Ltd (“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 BuyBoard 657-21; 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 by City shall be in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00). 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 is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and shall expire on November 30, 2022. The City shall be able to renew this agreement for two (2) one-year renewal options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: CSC No. 57360 To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney’s Office at same address To VENDOR: Winston Water Cooler, Ltd. John Hutchinson, Inside Sales Address: 6626 Oakbrook Blvd. Dallas, TX 75235 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: By: ___________________________ Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: ______________________________ Name: Steve Cook Title: Property Management Director ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Name: Alan Shuror Title: Assistant Property Management Director APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0209 VENDOR: Winston Water Cooler, Ltd. By: Name: John Hutchinson Title: Inside Sales Date: 04/04/2022 Alan H. Shuror (Apr 4, 2022 16:14 CDT) Alan H. Shuror Steve Cooke (Apr 4, 2022 16:19 CDT) Dana Burghdoff (Apr 5, 2022 13:46 CDT) Dana Burghdoff Jannette S. Goodall (Apr 5, 2022 16:05 CDT) Jannette S. Goodall Winston Water Cooler, Ltd. Information Contact:Donna Thompson Address:6626 Oakbrook Blvd. Dallas, TX 75235 Phone:(972) 920-3089 Fax:(214) 550-1396 Email:donna@winstonwatercooler.com By submitting your response, you certify that you are authorized to represent and bind your company. John Hutchinson jhutchinson@winstonwatercooler.com Signature Email Submitted at 4/30/2021 7:30:10 AM Requested Attachments BuyBoard Proposal Invitation No.657-21 - Building Maintenance, Repair and Operations Supplies and Equipment 657-21-Building-MRO.pdf REQUIRED - In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Catalog/Pricelist WWC cover.pdf REQUIRED - In PDF format, upload catalog/pricelist in proposal invitation instructions. File size must not exceed 100MB.(Please DO NOT password protect uploaded files.) Detailed Information and Exceptions Related to Discount and/or Hourly Labor Rate No response In PDF format, define the services that are proposed to be provided and attach detailed information including exceptions to pricing or discount percentage, NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) IRS Form W-9 Request for Taxpayer Identification Number and Certification W-9 WWC-Mansfield.pdf REQUIRED - In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Bid Lines 1 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Electrical Supplies, Materials and Equipment. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 3 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 Exhibit A Item Attributes 1.State Name of Catalog/Pricelist No response 2 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Power Generating Equipment (electric, gas, diesel portable, back up on-site). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 3 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Various Types of Lamps and Ballasts (Fluorescent, incandescent, quarts, HID, shatterproof, metal handle, high pressure sodium, ballasts, similar related items). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 4 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 4 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Various Types of Lighting Fixtures. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 5 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Indoor Signage. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 6 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Solar Supplies and Equipment. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 5 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 Item Attributes 1.State Name of Catalog/Pricelist No response 7 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Building Supplies and Materials (carpentry, lumber, drywall, insulation products, concrete products, and similar related items). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 8 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Doors - All Types and Sizes (metal, wooden, and similar related items). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 6 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 9 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Overhead Doors - All Types and Sizes (metal, wooden, similar related items). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 1 0 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Fasteners and Hardware Products (doors, cabinets, and similar related items). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 7 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 1 1 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Roofing Materials and Supplies (PRODUCTS ONLY - NO LABOR). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 1 2 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Paint and Paint Related Products, Supplies and Equipment. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 8 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 1 3 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Parking Lot Striping Equipment, Supplies and Materials. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 1 4 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Plumbing Supplies, Materials and Equipment. Total:10% Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist www.wwesupply.com Page 9 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 1 5 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Various Types of Toilet Partitions, Sinks, and Countertops. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 1 6 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Energy and Water Monitoring Products. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 10 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 1 7 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Boiler Equipment and Supplies. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 1 8 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for HVAC Refrigerants and Supplies. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 1 9 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Hand Tools and Sets. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 11 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 Item Attributes 1.State Name of Catalog/Pricelist No response 2 0 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Welding Supplies and Equipment. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 2 1 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Commercial Building Glass and Other Glass Materials and Supplies. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 12 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 2 2 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Building Entryway Awnings, Canopies and Related Accessories - all types of materials (metal, fabric, and related materials). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 2 3 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Elevator Equipment and Supplies. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 13 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 2 4 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Escalator Equipment and Supplies. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 2 5 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Material Handling and Storage Equipment and Supplies (forklifts, warehouse storage systems, pallet jacks, similar related items). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 14 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 2 6 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Types of Fencing Materials and Supplies. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 2 7 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Pest Control Products and Supplies. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 2 8 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Power Washing Equipment and Materials. No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 15 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 Item Attributes 1.State Name of Catalog/Pricelist No response 2 9 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for Soil/Road Chemical Base Stabilizer Products (solvents, surfactants, acid oxidizers, and common dispersing agents). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 3 0 Section I: Equipment, Products, and Supplies- Discount (%) off catalog/pricelist for All Other Building Maintenance, Repair and Operations Products not listed (supplies, materials and equipment). No Bid Item Notes:Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 3 1 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Boiler Equipment and Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid Page 16 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 3 2 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Power Generating Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 3 3 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Commercial Building Glass and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 3 4 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Elevator Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 3 5 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Escalator Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 3 6 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Fencing Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 3 7 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Toilet Partitions, Sinks, Countertops and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 3 8 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Overhead Door Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 3 9 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Doors, Framework, Door Hardware Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid Page 17 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 4 0 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Building Entryway Awnings, Canopies and Related Equipment, Products and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 4 1 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Power Washing Equipment and/or Services and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 4 2 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Parking Lot Striping Equipment and/or Services and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 4 3 Section II: Installation and Repair Service- Hourly Labor Rate for Installation/Repair Service of Concrete Cutting and Related Items -- Not to Exceed Hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid Response Total: $0.00 Page 18 of 18 pages Vendor: Winston Water Cooler, Ltd.657-21 v.02.01.2021 October 11, 2021 Sent Via Email: jhutchinson@winstonwatercooler.com John Hutchinson Winston Water Cooler, Ltd. 6626 Oakbrook Blvd. Dallas, TX 75235 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Contract Award; Proposal Invitation No. 657-21, Building Maintenance, Repair and Operations Supplies and Equipment Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2021, through November 30, 2022, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 657-21 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative’s administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, 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 (select option “2”). Sincerely, Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative Exhibit B v.02.01.2021 October 11, 2021 Sent Via Email: jhutchinson@winstonwatercooler.com John Hutchinson Winston Water Cooler, Ltd. 6626 Oakbrook Blvd. Dallas, TX 75235 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award; Proposal Invitation No. 657-21, Building Maintenance, Repair and Operations Supplies and Equipment Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2021, through November 30, 2022, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 657-21 at www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative’s administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. 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 (select option “2”). Sincerely, Arturo Salinas, Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 P ROPOSER’S A CCEPTANCE AND A GREEMENT Proposal Invitation Name: Building Maintenance, Repair, and Operations Supplies and Equipment Proposal Due Date/Opening Date and Time: June 17, 2021 at 4:00 PM Proposal Invitation Number: 657-21 Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: Contract Term:December 1, 2021 through November 30, 2022 with two possible one-year renewals. October 2021 BB y s i g n a t u r e b e l o w , t h e u n d e r s i g n e d a c k n o w l e d g e s a n d a g r e e s t h a t y o u a r e a u t h o r i z e d t o s u b m i t t h i s P r o p o s a l , i n c l u d i n g m a k i n g a l l a c k n o w l e d g e m e n t s , c o n s e n t s , a n d c e r t i f i c a t i o n s h e r e i n , o n b e h a l f o f P r o p o s e r a n d , t o t h e b e s t o f y o u r k n o w l e d g e , t h e i n f o r m a t i o n p r o v i d e d i s t r u e , a c c u r a t e , a n d c o m p l e t e . Name of Proposing Company Date _________________________________ Street Address Signature of Authorized Company Official City, State, Zip Printed Name of Authorized Company Official Telephone Number of Authorized Company Official Position or Title of Authorized Company Official _________________________________________ Fax Number of Authorized Company Official Federal ID Number Page 10 of 76 Winston Water Cooler 04/15/2021 615 S. Wisteria st John Hutchinson Digitally signed by John Hutchinson Date: 2021.04.15 11:29:57 -05'00' Mansfield, TX 76063 John Hutchinson 817.612.5001 Inside Sales 81-1348390 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: ƒProposal Acknowledgements ƒFelony Conviction Disclosure ƒResident/Nonresident Certification ƒDebarment Certification ƒVendor Employment Certification ƒNo Israel Boycott Certification ƒNo Excluded Nation or Foreign Terrorist Organization Certification ƒHistorically Underutilized Business Certification ƒAcknowledgement of BuyBoard Technical Requirements ƒConstruction-Related Goods and Services Affirmation ƒDeviation and Compliance ƒVendor Consent for Name Brand Use ƒConfidential/Proprietary Information ƒEDGAR Vendor Certification ƒCompliance Forms Signature Page An authorized representative of Proposer must initial in the bottom right corner of each page where indicated and complete and sign the Compliance Forms Signature Page. Proposer’s failure to fully complete, initial, and sign forms as required may result in your Proposal being rejected as non-responsive. PROPOSAL ACKNOWLEDGEMENTS The proposing company (“you” or “your”) hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, 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 pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section B.12 (Certifications), including all non-collusion certifications and certifications regarding legal, ethical, and other matters set forth therein. 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and no others will be claimed; Initial: _____ Page 11 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 5. If the Cooperative accepts any part of your Proposal and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form 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 similarly situated customers in similar circumstances; 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 the National Purchasing Cooperative or nonprofit entity, in which event you will offer the awarded products 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; 6. 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 the Texas Public Information Act or similar public information law; 7. The individual submitting this Proposal 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 or Proposal document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination of a contract award, or any other remedy or action provided for in the General Terms and Conditions or by law. FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Section 44.034 further states in Subsection (b): “A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” Please check ¥ one of the following: My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) My company is not owned or operated by anyone who has been convicted of a felony. My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): _____________________________________________________________________________________ Details of Conviction(s):________________________________________________________________________________ ____________________________________________________________________________________________________ Initial: _____ Page 12 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 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? Yes No B. What is the prescribed amount or percentage? $_______________ or ______________% DEBARMENT CERTIFICATION By signature on the Compliance Forms Signature Page, I certify that 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. 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 following: Yes No Initial: ______ Page 13 of 76 x x JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 NO ISRAEL BOYCOTT CERTIFICATION 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’T CODE §808.001(1). By signature on the Compliance Forms Signature Page, to the extent applicable, 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. NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION 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 on the Compliance Forms Signature Page, 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. H ISTORICALLY U NDERUTILIZED B USINESS 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 BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. 3OHDVHFKHFN ¥ DOOWKDWDSSO\: 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. Initial: _____ Page 14 of 76 x x x 1472583745500 Texas HUB JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, if any, to which your company cc a n n o t or will nn o t comply.] Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor’s awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor’s awarded products and services on the BuyBoard website. Further, to the extent Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or refusal by Vendor to promptly provide information upon request to the Cooperative administrator in accordance with those technical requirements may be deemed an event of default under the Contract. CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION The Cooperative issued the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas Members (“Advisory”), which provides information specifically relevant to the procurement of construction-related goods and services by Texas Cooperative members. 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. Because many BuyBoard contracts include goods or installation services that might be considered construction-related, Proposer must make this Construction Related-Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory (“Advisory”), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder 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. By signature on the Compliance Forms Signature Page, Proposer 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 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 accepting the member’s Purchase Order, Member Construction Contract, or other agreement for construction-related goods or services. Initial: ______ Page 15 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 D EVIATION AND C OMPLIANCE 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. Prior to completing this form, Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section B.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor’s Proposal being rejected in its entirety. 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, by and through the Cooperative administrator, 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. 3OHDVHFKHFN ¥ RQHRIWKHIROORZLQJ No; Deviations Yes; Deviations List and fully explain any deviations you are submitting: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Initial: _____ Page 16 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract (“Vendor Information”) may be posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company’s Vendor Information on the BuyBoard website if awarded a Contract. You further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator’s authorized display of proprietary Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third party using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadmin@buyboard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Property Infringement. Vendor logo files must be submitted in one of the formats set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor’s Proposal. (This consent shall not authorize use of your company’s Vendor Information by BuyBoard if your company is not awarded a Contract.) OPT OUT: If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DD O N O T s e l e c t t h i s b o x u n l e s s y o u r c o m p a n y i s o p t i n g o u t o f t h i s V e n d o r C o n s e n t f o r N a m e B r a n d U s e . Ŀ By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor’s awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor’s awarded products and services on the BuyBoard website. Initial: _____ Page 17 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, 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. When required by the Texas Public Information Act or other disclosure law, Proposer may 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, catalogs, pricelists, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? 3OHDVHFKHFN ¥ RQHRIWKHIROORZLQJ: 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 clearly 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 Cooperative administrator shall 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 Cooperative administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential / Proprietary Information: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ (Attach additional sheets if needed.) Initial: _____ Page 18 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 B. Copyright Information Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) contain copyright information? Please FKHFN ¥ RQHRIWKHIROORZLQJ NO, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does not contain copyright information. YES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does contain copyright information. If you responded “YES”, clearly 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 Cooperative 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 publicly release, including posting on the public BuyBoard website, a copy of the proposal tabulation and award information 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. Initial: ______ Page 19 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 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 a Proposal must complete this EDGAR Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which mm a y be applicable to specific Cooperative member purchases using federal grant funds. Completed forms 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 terms and conditions of the BuyBoard contract, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. F o r e a c h o f t h e i t e m s b e l o w , V e n d o r s h o u l d c e r t i f y V e n d o r ’s a g r e e m e n t a n d a b i l i t y t o c o m p l y , w h e r e a p p l i c a b l e , b y h a v i n g V e n d o r ’s a u t h o r i z e d r e p r e s e n t a t i v e c h e c k t h e a p p l i c a b l e b o x e s , i n i t i a l e a c h p a g e , a n d s i g n t h e C o m p l i a n c e F o r m s S i g n a t u r e P a g e . I f y o u f a i l t o c o m p l e t e a n y i t e m i n t h i s f o r m , t h e C o o p e r a t i v e w i l l c o n s i d e r a n d m a y l i s t t h e V e n d o r ’s r e s p o n s e o n t h e B u y B o a r d a s “N O ,” t h e V e n d o r i s u n a b l e o r u n w i l l i n g t o c o m p l y . 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, 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, Member Construction Contract, or Cooperative member ancillary 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. Ŀ YES, I agree. Ŀ NO, I do not agree. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor’s return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member’s Purchase Order, Member Construction Contract, or ancillary agreement agreed to by the Vendor, the Cooperative member’s provision shall control. Ŀ YES, I agree. Ŀ NO, I do not agree. Initial: _____ Page 20 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 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. Ŀ YES, I agree.Ŀ NO, I do not agree. 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 beta.sam.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. Ŀ YES, I agree.Ŀ NO, I do not agree. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Ŀ YES, I agree.Ŀ NO, I do not agree. Initial: _____ Page 21 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 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. Ŀ YES, I agree.Ŀ NO, I do not agree. 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. Ŀ YES, I agree.Ŀ NO, I do not agree. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Ŀ YES, I agree.Ŀ NO, I do not agree. 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). Ŀ YES, I agree.Ŀ NO, I do not agree. Initial: _____ Page 22 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 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. Ŀ YES, I agree.Ŀ NO, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor’s products, including whether goods, products, or materials are produced in the United States. Ŀ YES, I agree.Ŀ NO, I do not agree. 12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered services under 2 CFR §200.216. Ŀ YES, I agree.Ŀ NO, I do not agree. 13. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(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. Ŀ YES, I agree.Ŀ NO, I do not agree. 14. 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. Ŀ YES, I agree.Ŀ NO, I do not agree. Initial: _____ Page 23 of 76 JH 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein: ƒProposal Acknowledgements ƒFelony Conviction Disclosure ƒDebarment Certification ƒResident/Nonresident Certification ƒVendor Employment Certification ƒNo Israel Boycott Certification ƒNo Excluded Nation or Foreign Terrorist Organization Certification ƒHistorically Underutilized Business Certification ƒConstruction-Related Goods and Services Affirmation ƒAcknowledgement of BuyBoard Technical Requirements ƒDeviation and Compliance ƒVendor Consent for Name Brand Use ƒConfidential/Proprietary Information ƒEDGAR Vendor Certification __________________________________________ Company Name __________________________________________ Signature of Authorized Company Official __________________________________________ Printed Name and Title __________________________________________ Date Page 24 of 76 Winston Water Cooler John Hutchinson Digitally signed by John Hutchinson Date: 2021.04.15 11:46:11 -05'00' John Hutchinson - Inside Sales 04/15/2021 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS INSTRUCTIONS: Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or your Proposal may be rejected as non-responsive: ƒVendor Business Name ƒVendor Contact Information ƒFederal and State/Purchasing Cooperative Experience ƒGovernmental References ƒCompany Profile ƒTexas Regional Service Designation ƒState Service Designation ƒNational Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) ƒLocal/Authorized Seller Listings ƒManufacturer Dealer Designation ƒProposal Invitation Questionnaire ƒVendor Request to Self-Report BuyBoard Purchases (Optional) To the extent any information requested is not applicable to your company, you must so indicate on the form. V ENDOR B USINESS N AME By submitting a Proposal, Vendor is seeking to enter into a legal contract with the Cooperative. As such, Vendor must be an individual or legal business entity capable of entering into a binding contract. Name of Proposing Company: ____________________________________________________________ (List the ll e g a l 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.) 3OHDVHFKHFN ¥ RQHRIWKHIROORZLQJ Type of Business: Ŀ Individual/Sole Proprietor Ŀ Corporation Ŀ Limited Liability Company Ŀ Partnership Ŀ Other (Specify: ________________________) State of Incorporation (if applicable): ___________________________ Federal Employer Identification Number: ___________________________ (Vendor must include a completed IRS W-9 form with their Proposal) Name 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.) ____________________________________________________________________________________________________ Page 25 of 76 Winston Water Cooler ■ 81-1348390 Winston Water Cooler Form ���,/ �F�ev. Octaber 201 B} �epartmeni oi the Treasury Internal Revenue $ervice 1 Name (as shown on your income tax retumj. Hame �s required on this line; do not leave WINSTON WATER COOLER OF MANSFIELD, LTD 2 Business name/disregarded entfty name, it difTerent from above ri m N Q c 0 N 61 C Q O �� L 0 V « c � .= e � U w U d a N m a� u) 3 CheCk apprppriate box tor federal tax classification of the person whose name Is enfered on line 1 Check only one of the 4 Exemptians �codes apply only to following seven boxes. certain entities, not individuals; see instructians on page 3j: ❑ IndividuaE/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnershlp ❑ TrusVestate single-memher LLC ❑✓ Ltmited liabi{ity company. Enter the tax classification (C=C corporation, 5=S corporation, P=Partnership} ► � Note: Gheck the appropriate box in the line ahova for the tax classiflcation of the single-member owner. Do not check �LC It the LLC is classified as a single memt�er LLC that is disregarded irom the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Othervvise, a single member LLC th� !s disregarded irom the owner should check the appropriale box for the tax cfassification of its owner. J Other (see instructians) ► Address (number, street, and apt, or suite no.} See instructions. 5�5 5. WISTERIA STREET fi Ci1y, state, and ZI? code 1AAN5FI�LD, TX 76063 7 List account number(s) here (optional) Give Form ta the requestsr. Do not send to the IRS. Repuester's name and address {optianaq Tax�ayer ldentification I�umber I Enter your TIN in the appropriate box. The TIN provided must match the name gi�en on lin� 1 to avoid backup withholding. For individuals, thls Is generaily your social security numher (5SN}. Nowever, for a resident alien, sole proprietor, or disregarded entity, see the instructlons for Rart I, later. For other enkities, it is your employer identification number (EINj. If yau do not have a number, see Now to get a TlN,later. Note: If t'�e account is in mare than one name, see the instructions for line 1. Also see What Name and Number To Give fhe Requester for gu�delines on whose number to enter. Gerti�ication Under penaEties of perjury, I certify that: Social seour9ty numher � Wm �� or Employer identificatipn number 18111 - 1 3 4 8 3 9 0 1. The number shown on this form is my correct taxpayer }dentifi�ation number (or I am waiting for a number to be issued to me); and 2 I am not subject to backup withholding because: (aJ I am exempt from backup withholding, or (b} � have not been notified by the lnternal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dlvidends, or (c) the IRS has notified me that I am no longer subject to backup withholdirrg; and 3. I am a U.S, citizen or other U.S. person (defined belaw); and 4. The FATCA coc#e(s) entered on this form {if any) indicating that I am exempt from FATCA reporting is correct. Certification instructians. You musi cross out item 2 above if you have been notiiied by the IR5 that you are currently subject to backup withholding because you ha�e failed to report all interest and dividends on your tax return. For real estaYe transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment oS secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA}, and generally, payments ather than interest and dividends, you are nat required to sign the certification, but you must provide your correct TIN. See the instructions ior Part il, later. Sl�n Signature at Here i1.S. person ► General Instructions Date ► 1 ��bi � 5ectfon references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information a�out developments related to Form W-9 and its instr�ctions, such as legisiation enacted after they were publlshed, go to www.irs.gov/FormW9. Purpose of Form An indi�idual or entity (Form W-9 requesterj who is required to flle an information return with the IRS must abtain your correct taxpayer idenkification number (fiN) which may be your social security number (5SN}, individual taxpayer identification numher (IT1N), adoption taxpayer identification number {A71N), or emplayer identification number (EIN), to report on an information return the amounk paid to you, or other amount reportable on an information return. Examples of information returns include, but are not �imited to, the following. • Form 1099-INT (interest earned or paid} Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest intormation. Exempt payee cocta {if any} Exemptian frorrt FATCA reporting code (if any} (pAA�+es �v aCcounts meinlaireed autsida the LLS.J • Form 1099-DIV {dividends, including those from stocks or mutual funds) • Form 1099-€vIISC (various types of income, prizes, awards, ar grpss proceeds) • Form 1099-B (stock or mutual fund sales and certain other transact�ons by 6rokers) • Form 1 D99-S (proceeds from real estate transactions) • Form 1099-K (merchank card and third party network transactionsj • Form 1098 (home mortgage interest), 1498-E (studeni loan interest), 1 �98-T (tuition) • Form 1099-C (cance€ed debt� • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 oniy if you are a U.S. person (including a resident aiien), to provide your carrect TIN. !f you da not return Form W-9 to the requester with a T1N, you mrght be subject to backup wifhholdrrrg. See What is backup wlthholding, later. CaI. No 1p231X Form �i,i-9 (Rev. 10-2�18� 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 VENDOR CONTACT INFORMATION Proposal/Contract Contact: Vendor Proposal/Contract Contact Name: __________________________________________________________________ Vendor Proposal/Contract Contact E-mail Address: ___________________________________________________________ Vendor Contact Mailing Address for Proposal/Contract Notices: _________________________________________________ ____________________________________________________________________________________________________ Company Website: ____________________________________________________________________________________ Purchase Orders Contact Information: All Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their orders. Please select options below for receipt of Purchase Orders and provide the requested information: I will use the internet to receive Purchase Orders at the following address: Purchase Order E-mail Address: ____________________________________________________________ Purchase Order Contact: _____________________________________ Phone: ______________________ Alternate Purchase Order E-mail Address: ____________________________________________________ Alternate Purchase Order Contact: ______________________________ Phone: _____________________ 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: ____________________________________________________________________________ RFQ Contact: _____________________________________________ Phone: ______________________________ Alternate RFQ E-mail Address: ____________________________________________________________________ Alternate RFQ Contact: __________________________________ Phone: _________________________________ Page 26 of 76 John Hutchinson jhutchinson@winstonwatercooler.com 615 S. Wisteria st winstonwatercooler.com jhutchinson@winstonwatercooler.com john hutchinson 817.612.5001 x jhutchinson@winstonwatercooler.com john hutchinson 817.612.5001 zbutter@winstonwatercooler.com Zane Butter 214.748.1484 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 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 choose only one (1) of the following options for receipt of invoices and provide the requested information: Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: ____________________________________ Department: __________________ City: _____________________________ State: __________________ Zip Code: ___________________ Contact Name: _____________________________________ Phone: _____________________________ Invoice Fax: ________________ Invoice E-mail Address: _______________________________________ Alternative Invoice E-mail Address: ________________________________________________________ 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 receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor. PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: Common Carrier Company Truck Prepaid and Add to Invoice Other: ________________ 2. Payment Terms: (Note: Vendor payment terms must comply with the BuyBoard General Terms and Conditions and the Texas Prompt Payment Act (Texas Government Code Ch. 2251).): ________________________________________________________ 3. Vendor’s Internal/Assigned Reference/Quote Number (optional): _____________________________________________ 4. State or attach your return policy. (Note: Only return requirements and processes will be deemed part of Vendor’s return policy. Any unrelated contract terms, terms of sale, or other information not specifically related to return requirements and processes included in Vendor’s return policy shall not apply to any awarded Contract unless specifically included as a deviation in the Deviation and Compliance Form and accepted by the Cooperative): _______________________________ ____________________________________________________________________________________________________ 5. Are electronic payments acceptable?Yes No 6. Are credit card payments acceptable? Yes No Page 27 of 76 6626 OAKBROOK BLVD DALLAS TEXAS 75235 SHARON OWENS 214.748.1484 SOWENS@WINSTONWATERCOOLER.COM ACCTG@WINSTONWATERCOOLER.COM NET 30 RETURNS ARE SUBJECT TO VENDOR APPROVAL AND DEPENDING ON THE ITEM, MIGHT INCUR A RESTOCK FEE. ■ 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide Cooperative 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. PURCHASING GROUP CURRENT VENDOR? (Y/N) FORMER VENDOR (Y/N)? – IF YES, LIST YEARS AS VENDOR AWARDED COMMODITY CATEGORY(IES) 1. Federal General Services Administration 2. T-PASS (State of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston-Galveston Area Council (HGAC) 7. Choice Partners 8. The Interlocal Purchasing System (TIPS) 9. Other MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%):_________________________ Proposed Discount (%):________________________ Explanation: _________________________________________________________________________________________ Page 28 of 76 0 N N N N N N N N N ■ Discounts are given on a job by job basis, depending on product requested. 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 G OVERNMENTAL R EFERENCES 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 pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricing/discounts stated in your Proposal with the pricing/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume______ 1.__________________________________________________________________________________________________ 2.__________________________________________________________________________________________________ 3.__________________________________________________________________________________________________ 4.__________________________________________________________________________________________________ 5.__________________________________________________________________________________________________ Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower pricing) than indicated?YES NO If YES, please explain: _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ C OMPANY P ROFILE Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) Page 29 of 76 UNIVERSITY OF TEXAS ARLINGTON - MATT YOUNG - 817.770.5759 - MYOUNG@UTA.EDU - VARIES ON THE PRODUCT - $28k/YEAR Castleberry ISD - Jerry Walker - 817.455.8871 - walkerj@castleberryisd.net - varies on the project - $4K/ year EAGLE MOUNTAIN ISD- JARED BRYANT - 817.832.9475 -JBRYANT@EMS-ISD.NET - VARIES ON THE PROJECTS - $83k/ YEAR GRAPEVINE COLLEYVILLE ISD - GARY FOREE - 817.251.5609 - GARY.FOREE@GCISD.NET - VARIES ON THE PROJECT - $19k/YEAR FORT WORTH ISD - JAMES COHEN - 817.675.5629 - JAMES.COHEN@FWISD.ORG - VARIES ON THE PROJECT - $153k/ YEAR ■ WE WILL BID ORDERS LOWER FOR QUANTITIES FOR THE YEAR OR LARGE PROJECTS 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms CONST. v.03.01.2021 T EXAS R EGIONAL S ERVICE D ESIGNATION 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. BB y d e s i g n a t i n g a r e g i o n o r r e g i o n s , y o u a r e c e r t i f y i n g t h a t y o u a r e a u t h o r i z e d a n d w i l l i n g t o p r o v i d e t h e p r o p o s e d p r o d u c t s a n d s e r v i c e s i n t h o s e r e g i o n s . D e s i g n a t i n g r e g i o n s i n w h i c h y o u a r e e i t h e r u n a b l e o r u n w i l l i n g t o p r o v i d e t h e s p e c i f i e d p r o d u c t s a n d s e r v i c e s s h a l l b e g r o u n d s f o r e i t h e r r e j e c t i o n o f y o u r P r o p o s a l o r , i f a w a r d e d , t e r m i n a t i o n o f y o u r C o n t r a c t . 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. _____________________________________________________ Company Name ˆI will service Texas Cooperative members statewide. ˆI will not service Texas Cooperative members statewide. I will only service members in the regions checked below: Region and Headquartersˆ1 Edinburg ˆ2 Corpus Christi ˆ3 Victoria ˆ4 Houston ˆ5 Beaumont ˆ6 Huntsville ˆ7 Kilgore ˆ8 Mount Pleasant ˆ9 Wichita Falls ˆ10 Richardson ˆ11 Fort Worth ˆ12 Waco ˆ13 Austin ˆ14 Abilene ˆ15 San Angelo ˆ16 Amarillo ˆ17 Lubbock ˆ18 Midland ˆ19 El Paso ˆ20 San Antonio ˆI will not service members of the Texas Cooperative. Page 30 of 76 Winston Water Cooler 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 S TATE S ERVICE D ESIGNATION As set forth in the Proposal Invitation, it is the Cooperative’s intent that other governmental entities in the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy- back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete this form accordingly. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) I n a d d i t i o n t o t h i s f o r m , t o b e c o n s i d e r e d f o r a p i g g y -b a c k a w a r d b y t h e N a t i o n a l P u r c h a s i n g C o o p e r a t i v e , y o u m u s t h a v e a n a u t h o r i z e d r e p r e s e n t a t i v e s i g n t h e N a t i o n a l P u r c h a s i n g C o o p e r a t i v e V e n d o r A w a r d A g r e e m e n t t h a t f o l l o w s t h i s f o r m . 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. B y d e s i g n a t i n g a s t a t e o r s t a t e s , y o u a r e c e r t i f y i n g t h a t y o u a r e a u t h o r i z e d a n d w i l l i n g t o p r o v i d e t h e p r o p o s e d p r o d u c t s a n d s e r v i c e s i n t h o s e s t a t e s . D e s i g n a t i n g s t a t e s i n w h i c h y o u a r e e i t h e r u n a b l e o r u n w i l l i n g t o p r o v i d e t h e s p e c i f i e d p r o d u c t s a n d s e r v i c e s s h a l l b e g r o u n d s f o r e i t h e r r e j e c t i o n o f y o u r P r o p o s a l o r , i f a w a r d e d , t e r m i n a t i o n o f y o u r C o n t r a c t . 3OHDVHFKHFN ¥ DOOWKDWDSSO\: 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 31 of 76 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be “piggy-backed” by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as “Vendor”) agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative (“Texas Cooperative”) awards Vendor a contract under this Proposal Invitation (“Underlying Award”), the National Purchasing Cooperative (“National Cooperative”) may - but is not required to - “piggy-back” on or re-award all or a portion of that Underlying Award (“Piggy-Back Award”). By signing this National Cooperative Vendor Award Agreement (“Agreement”), Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2.In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator (“BuyBoard Administrator”) will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor invoices, and/or such other documentation regarding those purchase orders as the Cooperative’s administrators may require in their reasonable discretion 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. Page 32 of 76 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 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. _______________________________________ ___________________________________________ Name of Vendor Proposal Invitation Number _______________________________________ ___________________________________________ Signature of Authorized Company Official Printed Name of Authorized Company Official __________________________________ Date Page 33 of 76 Winston Water Cooler 657-21 John Hutchinson Digitally signed by John Hutchinson Date: 2021.04.16 12:40:08 -05'00'John Hutchinson 04/16/2021 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 L OCATION/AUTHORIZED S ELLER L ISTINGS 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. II f y o u a r e a p r o d u c t m a n u f a c t u r e r a n d w i s h t o d e s i g n a t e D e s i g n a t e d D e a l e r s a s d e f i n e d i n t h e G e n e r a l Te r m s a n d C o n d i t i o n s t o r e c e i v e C o o p e r a t i v e m e m b e r P u r c h a s e O r d e r s o n y o u r b e h a l f , y o u m u s t c o m p l e t e t h e M a n u f a c t u r e r D e s i g n a t e d D e a l e r f o r m . Location/Authorized Seller Name Contact Person Contact Information (Mailing Address, Phone, Fax, Email) Page 34 of 76 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 M ANUFACTURER D EALER D ESIGNATION 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 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. If you wish to designate multiple dealers, please duplicate this form as necessary. ____________________________________________________________________________________________________ Designated Dealer Name Designated Dealer Contact Person ____________________________________________________________________________________________________ Designated Dealer Address _____________________________________ _________________________ _________________ City State Zip _________________________________________ _______________________________________ Phone Number Fax Number _________________________________________ _____________________________________________________ Email address Designated Dealer Tax ID Number* (*attach W-9) Page 35 of 76 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 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 and submit in one document with your Proposal. You must submit the 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 2. Describe Vendor’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 Vendor’s capabilities relative to this Contract. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________________________________________ Page 36 of 76 20+ We were awarded a 21 water cooler order from Missouri Western State University through buy board last year. We continually are awarded commercial water heaters through Fort Worth ISD through our Benbrook Branch. We have a ton of success with many Independent School Districts, in which we have good relationships with and they like our company's employees, such as Grapevine/Colleyville ISD We have over 20 branches in the state of Texas alone with a sales force of 3 people at minimum in each branch. Not to mention, DCs in Las Vegas and Phoenix to cover the western United States. All of our branch managers and inside staff members have years of project management experience on commercial and residential new construction jobs.As well service and repair sales experience. 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 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) or other applicable law (for entities outside of Texas). 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? ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 5. Describe the tasks and functions that can be completed by Vendor in-house without the use of a subcontractor or other third party. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 6.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 will initially inform Cooperative members of your BuyBoard Contract, and how you will continue to support the BuyBoard for the duration of the Contract term.) Attach additional pages if necessary. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________________________________________ 7. 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 37 of 76 Our company does not perform work. We only supply equipment, pipe, valves, fittings, etc for projects. This falls outside the realm of our capabilities as a vendor. We've found in the past that buyboard customers reach out to us more often than not. We have continued relationships with buyboard users and strong relationships built on continued excellence in customer service and prompt attention to their needs. Our company has been in excellent standing with financial institutions for over 10 years and we never have issues, given the amount of business over the past 6+ years on buyboard holding up our end of products requested. 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 8. 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 9. 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 regard 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 10. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regard 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 relate to or arise 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 11. Describe in detail the quality control system Vendor 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 38 of 76 N/A N/A N/A N/A 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 12. If the Work will require Vendor to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 13. Describe in detail all documented safety issues, if any, that have involved Vendor in the last three years related to the type of work contemplated under this Contract. Provide a three-year history of your firm’s workers compensation experience modifier. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 39 of 76 N/A N/A 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 VENDOR REQUEST TO SELF-REPORT BUYBOARD PURCHASES The General Terms and Conditions require that all Purchase Orders generated by or under any Contract awarded under this Proposal Invitation be processed through the BuyBoard and,except as expressly authorized in writing by the Cooperative administrator, Vendors are not authorized to process Purchase Orders received directly from Cooperative members that have not been processed through the BuyBoard or provided to the Cooperative. In accordance with this provision, Vendor may request authorization of the Cooperative administrator to self-report Cooperative member purchases if awarded a Contract under this Proposal Invitation. By making such a request, Vendor acknowledges and agrees that self-reporting is specifically subject to and conditioned upon (1) Vendor’s agreement to the Additional Terms and Conditions for BuyBoard Self-Reporting which are included in this Proposal Invitation and incorporated herein for all purposes and (2) approval of this request in writing by the Cooperative administrator. NN o t e : Th i s f o r m i s N O T r e q u i r e d a s p a r t o f y o u r p r o p o s a l . Y o u s h o u l d s i g n a n d r e t u r n t h i s f o r m O N L Y i f y o u w i s h t o r e q u e s t a u t h o r i z a t i o n t o s e l f -r e p o r t B u y B o a r d p u r c h a s e s . Any request to self-report will not be effective, and Vendor shall not be authorized to self-report BuyBoard member purchases, unless and until (1) Vendor is awarded a Contract under this Proposal Invitation, and (2) the request has been approved in writing by the Cooperative administrator. B y m y s i g n a t u r e b e l o w , I h e r e b y r e q u e s t a u t h o r i z a t i o n f r o m t h e C o o p e r a t i v e a d m i n i s t r a t o r t o s e l f -r e p o r t B u y B o a r d p u r c h a s e s i f m y c o m p a n y i s a w a r d e d a C o n t r a c t . I c e r t i f y t h a t I a m a u t h o r i z e d b y t h e a b o v e -n a m e d V e n d o r t o a p p r o v e t h i s f o r m , a n d I h a v e r e c e i v e d a n d r e a d t h e A d d i t i o n a l Te r m s a n d C o n d i t i o n s f o r B u y B o a r d S e l f -R e p o r t i n g i n c l u d e d i n t h i s P r o p o s a l I n v i t a t i o n a n d d o h e r e b y a p p r o v e a n d a g r e e t o s u c h t e r m s a n d c o n d i t i o n s o n b e h a l f o f V e n d o r . NAME OF VENDOR: ______________________________________________________ _______________________________________ Signature of Vendor Authorized Representative Printed Name: __________________________ Title: _________________________________ Date: _________________________________ (For Cooperative Administrator Use Only) Approved by BuyBoard Administrator: __________________________ Effective/Start Date for Self-Reporting: _________________________ Page 40 of 76 Winston Water Cooler John Hutchinson Digitally signed by John Hutchinson Date: 2021.04.27 07:21:10 -05'00' John Hutchinson Inside Sales Manager 04/27/21 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). _________________________________________________________________________________________________________ Section I: Equipment, Products, and Supplies 1 . Discount (%) off catalog/pricelist for Electrical Supplies, Materials and Equipment. 2 . Discount (%) off catalog/pricelist for All Types of Power Generating Equipment (electric, gas, diesel portable, back up on-site). 3 . Discount (%) off catalog/pricelist for Various Types of Lamps and Ballasts (fluorescent, incandescent, quartz, HID, shatterproof, metal halide, high pressure sodium, ballasts, similar related items). 4. Discount (%) off catalog/pricelist for Various Types of Lighting Fixtures. 5. Discount (%) off catalog/pricelist for All Types of Indoor Signage. 6. Discount (%) off catalog/pricelist for All Types of Solar Supplies and Equipment. 7. Discount (%) off catalog/pricelist for Building Supplies and Materials (carpentry, lumber, drywall, insulation products, concrete products, and similar related items). 8. Discount (%) off catalog/pricelist for Doors-All Types and Sizes (metal, wooden, and similar related items). 9. Discount (%) off catalog/pricelist for Overhead Doors-All Types and Sizes (metal, wooden, similar related items). 10. Discount (%) off catalog/pricelist for All Types of Fasteners and Hardware Products (doors, cabinets, and similar related items). 11. Discount (%) off catalog/pricelist for Roofing Materials and Supplies (PRODUCTS ONLY-NO LABOR). 12. Discount (%) off catalog/pricelist for Paint and Paint Related Products, Supplies and Equipment. 13. Discount (%) off catalog/pricelist for Parking Lot Striping Equipment, Supplies and Materials. 14. Discount (%) off catalog/pricelist for Plumbing Supplies, Materials and Equipment. 15. Discount (%) off catalog/pricelist for Various Types of Toilet Partitions, Sinks, and Countertops. 16. Discount (%) off catalog/pricelist for All Types of Energy and Water Monitoring Products. 17. Discount (%) off catalog/pricelist for Boiler Equipment and Supplies. 18. Discount (%) off catalog/pricelist for HVAC Refrigerants and Supplies. 19. Discount (%) off catalog/pricelist for All Types of Hand Tools and Sets. 20. Discount (%) off catalog/pricelist for Welding Supplies and Equipment. 21. Discount (%) off catalog/pricelist for Commercial Building Glass and Other Glass Materials and Supplies. 22. Discount (%) off catalog/pricelist for Building Entryway Awnings, Canopies and Related Accessories - all types of material (metal, fabric, and related materials). 23. Discount (%) off catalog/pricelist for Elevator Equipment and Supplies. 24. Discount (%) off catalog/pricelist for Escalator Equipment and Supplies. 25. Discount (%) off catalog/pricelist for Material Handling and Storage Equipment and Supplies (forklifts, warehouse storage systems, pallet jacks, similar related items). 26. Discount (%) off catalog/pricelist for All Types of Fencing Materials and Supplies. 27. Discount (%) off catalog/pricelist for Pest Control Products and Supplies. 28. Discount (%) off catalog/pricelist for Power Washing Equipment and Materials. 29. Discount (%) off catalog/pricelist for Soil/Road Chemical Base Stabilizer Products (solvents, surfactants, acid oxidizers, and common dispersing agents). 30. Discount (%) off catalog/pricelist for All Other Building Maintenance, Repair and Operations Products not listed (supplies, materials and equipment). Page 41 of 76 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 Section II: Installation and Repair Service 31.Hourly Labor Rate for Installation/Repair Service of Boiler Equipment and Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 32.Hourly Labor Rate for Installation/Repair Service of Power Generating Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 33.Hourly Labor Rate for Installation/Repair Service of Commercial Building Glass and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 34.Hourly Labor Rate for Installation/Repair Service of Elevator Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 35.Hourly Labor Rate for Installation/Repair Service of Escalator Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 36.Hourly Labor Rate for Installation/Repair Service of Fencing Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 37.Hourly Labor Rate for Installation/Repair Service of Toilet Partitions, Sinks, Countertops and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 38.Hourly Labor Rate for Installation/Repair Service of Overhead Door Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 39.Hourly Labor Rate for Installation/Repair Service of Doors, Framework, Door Hardware Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 40.Hourly Labor Rate for Installation/Repair Service of Building Entryway Awnings, Canopies and Related Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 41.Hourly Labor Rate for Installation/Repair Service of Power Washing Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 42.Hourly Labor Rate for Installation/Repair Service of Parking Lot Striping Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 43.Hourly Labor Rate for Installation/Repair Service of Concrete Cutting and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Page 42 of 76 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms CONST. v.03.01.2021 R EQUIRED F ORMS C HECKLIST (3OHDVHFKHFN ¥ the following) Reviewed/Completed: Proposer’s Acceptance and Agreement PROPOSAL FORMS PART 1: COMPLIANCE FORMS Reviewed/Completed:Proposal Acknowledgements Reviewed/Completed: Felony Conviction Disclosure Reviewed/Completed: Resident/Nonresident Certification Reviewed/Completed: Debarment Certification Reviewed/Completed: Vendor Employment Certification Reviewed/Completed: No Israel Boycott Certification Reviewed/Completed: No Excluded Nation or Foreign Terrorist Organization Certification Reviewed/Completed: Historically Underutilized Business Certification Reviewed/Completed: Acknowledgement of BuyBoard Technical Requirements Reviewed/Completed: Construction-Related Goods and Services Affirmation Reviewed/Completed: Deviation and Compliance Reviewed/Completed: Vendor Consent for Name Brand Use Reviewed/Completed: Confidential/Proprietary Information Reviewed/Completed: EDGAR Vendor Certification Reviewed/Completed:Compliance Forms Signature Page PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS Reviewed/Completed: Vendor Business Name Reviewed/Completed: Vendor Contact Information Reviewed/Completed: Federal and State/Purchasing Cooperative Experience Reviewed/Completed: Governmental References Reviewed/Completed: Company Profile Reviewed/Completed: Texas Regional Service Designation Reviewed/Completed: State Service Designation Reviewed/Completed: National Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) Reviewed/Completed: Local/Authorized Seller Listings Reviewed/Completed: Manufacturer Dealer Designation Reviewed/Completed:Proposal Invitation Questionnaire Reviewed/Completed: Vendor Request to Self-Report BuyBoard Purchases (Optional) Reviewed/Completed: Proposal Specifications Discount (%) off Catalog/Pricelist and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be submitted with the Proposal or the Proposal will not be considered. Page 43 of 76 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ OFFICE USE ONLY Date Received This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who 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. 1 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 about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes 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 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 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 ([KLELW& N/A 03/22/2022 Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a)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. CITY COUNCIL AGENDA Create New From This M&C DATE: 3/29/2022 REFERENCE *�M&C 22- LOG NAME: 13PCOOP BB 657-21 PLUMBING NO.: 0209 PARTS TD PMD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Purchase Agreement with Mark's Plumbing Parts, LLC and Winston Water Cooler, Ltd. in the Combined Annual Amount of $250,000.00 and Authorize Two Consecutive One-Year Renewal Options for the Same Annual Amount for Plumbing Supplies for the Property Management Department Using BuyBoard Cooperative Contract 657-21 RECOMMENDATION: It is recommended that the City Council authorize a purchase agreement with Mark's Plumbing Parts, LLC and Winston Water Cooler, Ltd. in the combined annual amount of $250,000.00 and authorize two consecutive one-year renewal options for the same annual amount for plumbing supplies for the Property Management Department using BuyBoard cooperative contract 657-21. DISCUSSION: In January 2022, the Property Management Department contacted the Purchasing Division to enter into an agreement with Mark's Plumbing Parts, LLC and Winston Water Cooler, Ltd. under BuyBoard Contract No. 657-21, for plumbing parts, supplies, and repair kits. These will be used to repair and replace any existing plumbing parts throughout City buildings. BuyBoard Contract No. 657-21 has a term through November 30, 2022. The Request for Offer for BuyBoard Contract No. 657-21 was published on January 28, 2021, and responses were opened on June 17, 2021. BuyBoard contracts offer fixed discounts. Staff reviewed the pricing and determined it to be fair and reasonable. This amount is budgeted in the Facilities Repair/Maintenance Supplies account. This Agreement may be renewed for up to two additional one-year terms, in accordance with the terms of the BuyBoard Contract. Should BuyBoard elect to exercise the renewal option, the City will do the same. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. BQN\\ Fund Department ID DM Fund Department ID Account Project Program Activity Budget Reference # ID Year I (Chartfield 2' Account Project Program Activity Budget Reference ID Year (Chartfield Submitted for City Manager's Office by_ Reginald Zeno (8517) Dana Burghdoff (8018) Amount Amount FO RT �'4'U RT I I _�_- Originating Department Head: Anthony Rousseau (8338) Steve Cooke (5134) Additional Information Contact: Cynthia Garcia (8285) Taylor Dean (7648) ATTACHMENTS 1295 Form Marks Plumbing Parts.pdf (CFW Internal) 1295 Form Winston Water Cooler.pdf (CFW Internal) 13PCOOP BB 657-21 PLUMBING PARTS TP PMD.docx (CFW Internal) FID TABLE Plumbing.xlsx (CFW Internal) SAMS Marks Plumbing Parts.pdf (CFW Internal) SAMS Winston Water Cooler Ltd.pdf (CFW Internal)