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HomeMy WebLinkAboutContract 57813CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement (“Agreement”) is entered into by and between Promaxima Manufacturing, 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 (e.g., NJPA, DIR, BuyBoard); and 4. Exhibit C – Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be an amount not to exceed Thirty Thousand Dollars and Zero Cents ($30,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall coincide with the terms of the Cooperative Agreement beginning on April 1, 2022, and ending on March 31, 2023. 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. 57813 To CITY: City of Fort Worth Attn: Valerie Washington, 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: Promaxima Manufacturing, LTD. Attn.: John Yager, Vice President of Sales 5310 Ashbrook Drive Houston, TX 77081 Facsimile: 713-996-9941 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: Valerie Washington Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: Richard Zavala Title: Director ATTEST: By: ______________________________ Name: Jannette S. 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: Brittney Huff Title: Management Analyst II APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0446 VENDOR: Promaxima Manufacturing, LTD. By: Name: John Yager Title: Vice President of Sales Date: ____________________________ JYager (Jul 8, 2022 08:32 CDT) JYager Jul 8, 2022 Valerie Washington (Jul 8, 2022 10:58 CDT) Jul 8, 2022 Jannette S. Goodall (Jul 8, 2022 14:27 CDT) Jannette S. Goodall   v.02.01.2021   February 4, 2022 Sent Via Email: order@promaxima.com John Yager Promaxima Manufacturing, LLC 5310 Ashbrook Drive Houston, TX 77081 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Contract Award; Proposal Invitation No. 665- 22, Athletic, Physical Education, Gymnasium Supplies and Equipment and Related Accessories 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 4/1/2022 through 3/31/2023, 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. 665-22 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 v.02.01.2021 February 4, 2022 Sent Via Email: order@promaxima.com John Yager Promaxima Manufacturing, LLC. 5310 Ashbrook Drive Houston, Texas 77081 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award; Proposal Invitation No. 665-22, Athletic, Physical Education, Gymnasium Supplies and Equipment and Related Accessories 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 4/1/2022 through 3/31/2023, 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. 665-22 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 COMM/SVCS v.08.11.2021 P ROPOSER’S A CCEPTANCE AND A GREEMENT Proposal Invitation Name: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy-Duty Exercise Equipment and Related Accessories Proposal Due Date/Opening Date and Time: October 21, 2021, at 4:00 PM Proposal Invitation Number: 665-22 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: April 1, 2022, through March 31, 2023, with two possible one-year renewals. January 2022 By signature below, the undersigned acknowledges and agrees that you are authorized to submit this Proposal, including making all acknowledgements, consents, and certifications herein, on behalf of Proposer and, to the best of your knowledge, the information provided is true, accurate, and complete. 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 72 Promaxima Manufacturing, LLC 8/24/2021 5310 Ashbrook Drive Houston, TX, 77081 John Yager 713-996-9606 VP of Sales 713-996-9941 76-0578028 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1:  Proposal Acknowledgements  Felony Conviction Disclosure  Resident/Nonresident Certification  Debarment Certification  Vendor Employment Certification  No Boycott Verification  No Excluded Nation or Foreign Terrorist Organization Certification  Historically Underutilized Business Certification  Acknowledgement of BuyBoard Technical Requirements  Construction-Related Goods and Services Affirmation  Deviation and Compliance  Vendor Consent for Name Brand Use  Confidential/Proprietary Information  EDGAR Vendor Certification  Compliance 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 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 72 n 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 72 n X 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 NO BOYCOTT VERIFICATION 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 will not boycott Israel during the term of the contract (TEX. GOV’T CODE Ch. 2271), (2) does not boycott energy companies and will not boycott energy companies during the term of the contract (TEX. GOV’T CODE Ch. 2274 effective September 1, 2021), and (3) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association (TEX. GOV’T CODE Ch. 2274 effective September 1, 2021). 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). “Boycott energy company” means, without an ordinary business purpose, 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 with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A). TEX. GOV’T CODE §809.001(1) (effective September 1, 2021). “Discriminate against a firearm entity or firearm trade association” means, (A) with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association. TEX. GOV’T CODE §2274.001(3) (effective September 1, 2021). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel, boycott energy companies, or discriminate against a firearm entity or firearm trade association and will not do so 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. Initial: _____ Page 14 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 C ERTIFICATION 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. Please check (√) all that apply: I certify that my company has been certified as a HUB in the following categories: Minority Owned Business Women Owned Business Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: ____________________________________________________ Name of Certifying Agency: _______________________________________________ My company has NOT been certified as a HUB. 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 cannot or will not 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. Initial: _____ Page 15 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 or other agreement for construction-related goods or services. Initial: ______ Page 16 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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. Please check (√) one of the following: No; Deviations Yes; Deviations List and fully explain any deviations you are submitting: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Initial: _____ Page 17 of 72 n Shipping and Install are not included in our discount pricing. Please see attached 'Shipping and Install' Instructional Sheet. Information presented by the Vendor has been accepted by BuyBoard. Connie W Burkett, CTSBO Director - Cooperative Operations SHIPPING & INSTALL Please see the discount price sheet enclosed for 1% - 35% discounts. Shipping and installation is not included in the discount price sheet. Please call in with model number and quantity for shipping cost. We provide over 500 products weighing anywhere from 1Lb – 5000Lbs. Thank You. 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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. DO NOT select this box unless your company is opting out of this Vendor Consent for Name Brand Use. □ 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 18 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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? Please check (√) one of the following: NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded “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 19 of 72 n 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 B. Copyright Information Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) contain copyright information? Please check (√) one of the following: 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 20 of 72 n 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 may 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. For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative check the applicable boxes, initial each page, and sign the Compliance Forms Signature Page. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendor’s response on the BuyBoard as “NO,” the Vendor is unable or unwilling to comply. A “NO” response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, 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 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. □ YES, I agree. □ 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 or ancillary agreement agreed to by the Vendor, the Cooperative member’s provision shall control. □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 21 of 72 n n 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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. □ YES, I agree. □ 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. □ YES, I agree. □ 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. □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 22 of 72 n n n 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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. □ YES, I agree. □ 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. □ YES, I agree. □ 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. □ YES, I agree. □ 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). □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 23 of 72 n n n n 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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. □ YES, I agree. □ 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. □ YES, I agree. □ 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. □ YES, I agree. □ 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. □ YES, I agree. □ 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. □ YES, I agree. □ NO, I do not agree. Initial: _____ Page 24 of 72 n n n n n 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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:  Proposal Acknowledgements  Felony Conviction Disclosure  Debarment Certification  Resident/Nonresident Certification  Vendor Employment Certification  No Boycott Verification  No Excluded Nation or Foreign Terrorist Organization Certification  Historically Underutilized Business Certification  Construction-Related Goods and Services Affirmation  Acknowledgement of BuyBoard Technical Requirements  Deviation and Compliance  Vendor Consent for Name Brand Use  Confidential/Proprietary Information  EDGAR Vendor Certification __________________________________________ Company Name __________________________________________ Signature of Authorized Company Official __________________________________________ Printed Name and Title __________________________________________ Date Page 25 of 72 Promaxima Manufacturing, LLC John Yager 8/24/2021 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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:  Vendor Business Name  Vendor Contact Information  Federal and State/Purchasing Cooperative Experience  Governmental References  Company Profile  Texas Regional Service Designation  State Service Designation  National Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only)  Local/Authorized Seller Listings  Manufacturer Dealer Designation  Proposal Invitation Questionnaire  Vendor 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 legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check (√) one of the following: Type of Business: □ Individual/Sole Proprietor □ Corporation □ Limited Liability Company □ Partnership □ 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 26 of 72 Promaxima Manufacturing, LLC n Texas 76-0578028 Form � � (Rev. October 2018} Departmant of the Treasury Internal Revenue Service Gi�e Form to the requester. bo not send to the IRS. 1 Narrze (as shown on your Income tax return). Name is required on thls line; tlo not leave this line blanK. PRpMAXIMA MANUFACTUR1111G, LLC 2 kiusiness name/tlisregaraea entity name, it tlitterent trom above C`7 a� � � a c 0 � ai c n o � U O � i+ y � � a � � U N Q � m � � 3 Check appropriate box tar federal tax ciassiiication of the psrson whose name is entered an line 1. Check only one of the 4 Exemptions {cocles appiy only to foElowing seven boxes. certain entities, not indlviduals; see instructions on page 3): ❑ Individual/sole proprie#or or ❑ C Carporation ❑ S Corporation ❑ Partnership ❑ TrusVestate single-mernher LLC Exempt payee code {if anyj �✓ Limitecf liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership} ► P Note: Check the appropriate box in the line at�ove ior the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLG if the LLC is classified as a single-member LLC that is disregarded from 1he owner unless the owner ot the LLC is code {if any} another LLC that is noi disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-rnember LLC t�at is disregarded from the owner should check the appropriate box tor the tax classlficazion of Ets owner. U Other (see instructions) � 5 Address {nUm6er, street, and apk, or suite no,) See instrucfions. 5310 ASHBROOK DRIVE 6 City, state, and ZIP code HOUSTON, TX 77081 7 List account number(s} here (optional} (Applies to accounfs man�tained autside Yhe U.S.J Req�ester's name and address {optiona!) Reques� for Taxpayer Idenfification Number and Certification 1 Go to www.irs.gov/FormW9 #ar instructions and #he iatast information. Taxpayer ldentificatian Number I Enter your T1N in t�e appropriate box. The TIN provided must match the name given on lin� 1 to avoid backup withholding. For individuais, this is generally your social securi#y numher (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part !, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to geta TlN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guideiines an whose number to enter. Sotial security numi�er � -m or Employer identification numher �0���0000� Certification Under penalties of perjury, I certify that: 1. The num6er shawn an this form is tny correct taxpayer identitication number (or I am waiting for a num6er to be issued to meJ; and 2. 1 am not subject ta backup withhoiding because: (a) I am exempt from hackup withholding, or (b) I have not been notified by the Internal Revenue Ser�ice {IRS) that I am subjecf to backup withholding as a result of a failure to report ali interest or dividends, or (c) the iRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined 6elow); and 4. The FATCA code{s) entered on this form (if any) indicating that I am exem�t from FATCA reporting is correct. Gertification instructions. You must cross out item 2 above if you have been notified by fhe IRS that you are currently subjecf to backup withholding because you have failed to repori ali interest and dividends on your tax return. For real estate iransactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individua[ retirement arrangement {IRAJ, and generafly, payments other than interest and dividends, you are not required fa sign ihe certification, but you must provide your correct TI�1. See the instructions for Part II, later. $I�n Signature oi Here U.S. person ► �� �« �� Date ► � ,�7 j�`" � ;� �. General I Sectian references are to the Pr1��l Revenue Code unless otherwise noted. Future devefopments. For the latest information about developments related to Form W-9 and its instructions, such as legislatior� enacted after they were published, go to www.irs.govlFormWB. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer ideniliication number (TIN) which may be your social security number (S5N), individual taxpayer identification number {ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EW}, to repart on an information retum the a�nount paid ta you, or other amount reportable on an information ret�rn. Examples of information returns include, but are not iimited to, the following. • Form 1099-INT (interest earned nr paid) • Form 1099-�IV (dividends, inciuding those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross praceeds} • Form 1099-B (sYack or mutual fund sales and cer#a�n ather transactions by brokers} • Form 1099-S (proceeds from real estate transac#ions) • Form 1099-K (merchant card and third party network #ransactions) • Form 1098 (home mortgage interast), 1098-E {student loan interest), 1098-T (iuition) + Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if yau are a U.S. person {including a resident alien), to provide your correct TIN. !f you do not refurn Form W-9 to the requester wifh a TlN, you mighf be subject to backup withholding. See What is backup wit�holding, later. Gai. No. iQ231X Form W-g (Rev. 1�-2018) 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 VENDOR CONTACT INFORMATION Vendor shall provide the requested V endor Contact I nformation in the electronic proposal submission system including contract, purchase order, RFQ, and invoice contacts (or, if submitting a hard copy Proposal, timel y request and complete the Vendor Contact Information form in accordance with the Instructions to Proposers). 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 27 of 72 30 mil 8/2020 8/2021 Yes Yes- 23 Years 339920S Yes Yes - 5 Years Sporting Goods and Equipment Yes Yes- 12 Years PCCV 0 0 We are a discount manufacturer wholesaler. We offer 35-40% off list pricing. All discounts are built into our factory discount pricing. TXMAS 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 PROFILE 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 28 of 72 MCB Camp Pendleton Jeffrey Schroeder 619-556-7952 jeffrey.schroeder@navy.mil 30-45% $110K Alpena CRTCISV James Fuller 989-354-6286 james.a.fuller46.mil@mail.mil 30-45% $84K FEMA Beth Farley 266-847-2073 beth.farley@fema.dhs.gov 30-45% $91K Blinn College, TX Kristine Westbrook 979-830-4103 kristenwestbrook@blinn.edu 30-45% $195 Montgomery ISD, TX Brant Bourkin 218-684-3755 bbourkin@misd.org 30-45% $220K n Company Profile ProMaxima Manufacturing is a premier name in strength, cardio and fitness equipment. For over 55 years, ProMaxima has been the preferred fitness supplier to a wide range of markets. Such as, but not limited to, military, private, universities, multi-family, hospitality, corporate and health clubs. With our rigorous manufacturing quality standards, endless pursuit of innovation, and commitment to customer satisfaction, ProMaxima is a highly regarded name among those who demand peak performance. ProMaxima is the #1 supplier to athletics in the United States. All of our strength equipment is proudly made in the U.S.A, while our cardio lines are made in South Korea and Taiwan as each country is highly regarded for their electrical components. ProMaxima uses a team approach to develop our machines. Every project consists of cross functional development to include engineering, manufacturing, sale, marketing and most importantly to the people who will use our equipment. Our customers are invaluable. John Yager President of Sales order@promaxima.com 713-667-9606 Ext. 253 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 T EXAS R EGIONAL S ERVICE D ESIGNATION This form must be completed in the electronic proposal submission system (or, if submitting a hard copy Proposal, timel y request and complete the form in accordance with the Instructions to Proposers). 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. In the electronic proposal submission system, you must indicate if you will service Texas Cooperative members statewide or, if you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service. 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. (Additional forms can be obtained by contacting bids@buyboard.com at least five (5) business days prior to the Proposal Due Date.) By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your P roposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on the form in the electronic proposal submission system. Region and Headquarters 1 Edinburg 2 Corpus Christi 3 Victoria 4 Houston 5 Beaumont 6 Huntsville 7 Kilgore 8 Mount Pleasant 9 Wichita Falls 10 Richardson 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 San Angelo 16 Amarillo 17 Lubbock 18 Midland 19 El Paso 20 San Antonio Page 29 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 S TATE S ERVICE D ESIGNATION This form must be completed in the electronic proposal submission system (or, if submitting a hard copy Proposal, timel y request and complete the in accordance with the Instructions to Proposers). 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 the State Service Designation information in the electronic proposal submission system. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form , to be considered for a piggy-back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing Cooperative Vendor Award Agreement that follows this page. 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. (Additional forms can be obtained by contacting bids@buyboard.com at least five (5) business days prior to the Proposal Due Date.) By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your P roposal or, if awarded, termination of your Contract.  I will service all states in the United States.  I will not service all states in the United States. 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 30 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 31 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 32 of 72 Promaxima Manufacturing, LLC 665-22 John Yager 8/24/2021 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Location/Authorized Seller Name Contact Person Contact Information (Mailing Address, Phone, Fax, Email) Page 33 of 72 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 COMM/SVCS v.08.11.2021 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 34 of 72 N/A N/A 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 3. 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 35 of 72 Promaxima has been in business for over 55 years . At this present time, or anytime in the near future, Promaxima is not for sale. Neither are we looking to sell in the near future. Promaxima is a 57 year old company with over 175 years of staff experience. Promaxima preforms its duties with fifteen sales representatives, an engineering department with state of the art CAD layout and design. Promaxima utilizes its own trucking fleet to deliver and install all products with factory trained technicians. Mail out over 250,000 catalogs annually with Buy Board Contract number. Include Buy Board Contract number on emails, catalogs, E- Catalogs. Promotes Buy Board during trade shows to all markets including, but not limited to; Hospitality, multifamily, First Responders, governments, municipalities, education and more. Promote Buy Board during the 30-40 national trade shows that we attend annually. Ask schools, government, education, and others if they are members of Buy Board and explain the value of being a member and include Buy Board on flyers and email blasts. 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 4. 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 5. 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 6. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 7. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm’s past or present owners, principal shareholders or stockholders, officers, agents or employees, that 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. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 36 of 72 Promaxima is a financially sound company with over 30 million per year in sales. Promaxima owns outright its 4000 square feet manufacturing facility and fleet of 15 semi tractor-trailers. No owner has filed for bankruptcy or has a criminal background in the last seven years. None None None 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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. Note: This form is NOT required as part of your proposal. You should sign and return this form ONLY if you wish to request authorization to self-report BuyBoard purchases. 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. By my signature below, I hereby request authorization from the Cooperative a dministrator to self-report BuyBoard purchases if my company is awarded a Contract. I certify that I am authorized by the above-named Vendor to approve this form, and I have received and read the Additional Terms and Conditions for BuyBoard Self-Reporting included in this Proposal Invitation and do hereby approve and agree to such terms and conditions on behalf of Vendor. 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 37 of 72 Promaxima Manufacturing, LLC John Yager VP of Sales 8/24/2021 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 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). _________________________________________________________________________________________________________ PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Section I: Athletic and Physical Education Products 1. Discount (%) off catalog/pricelist for All Athletic Supplies. 2. Discount (%) off catalog/pricelist for All Athletic Equipment. 3. Discount (%) off catalog/pricelist for All Athletic Apparel, Clothing, Footwear and Shoes. 4. Discount (%) off catalog/pricelist for All Football Helmets (new and reconditioned). 5. Discount (%) off catalog/pricelist for All Physical Education Supplies. 6. Discount (%) off catalog/pricelist for All Physical Education Equipment. Section II: Commercial Grade/Heavy-Duty Exercise Equipment 7. Discount (%) off catalog/pricelist for All Elliptical Cross-Trainers. 8. Discount (%) off catalog/pricelist for All Exercise Bicycles. 9. Discount (%) off catalog/pricelist for All Stair Climbers. 10. Discount (%) off catalog/pricelist for All Treadmills. 11. Discount (%) off catalog/pricelist for All Computerized Strength Training Equipment. 12. Discount (%) off catalog/pricelist for All Free Weights (Barbells, Curl Bars, Dumbbells, and other related free weights). 13. Discount (%) off catalog/pricelist for All Plate Loaded Strength Training Equipment. 14. Discount (%) off catalog/pricelist for All Selectorized Strength Training Equipment. 15. Discount (%) off catalog/pricelist for All Outdoor Commercial Grade/Heavy-Duty Exercise Equipment. 16. Discount (%) off catalog/pricelist for All Other Commercial Grade/Heavy-Duty Exercise Equipment and Accessories. 17. Discount (%) off catalog/pricelist for Rental of All Types of Commercial Grade/Heavy-Duty Exercise Equipment (Indoor/Outdoor). Section III: Gymnasium and Outdoor Field Equipment and Supplies 18.Discount (%) off catalog/pricelist for Gymnasium Basketball Systems and Accessories (all types including but not limited to backstops, backboards, scorer tables, goals wall mount, ceiling mount, folding, stationary, and related items). 19. Discount (%) off catalog/pricelist for Gymnasium Volleyball Systems and Accessories (all types including but not limited to standards, nets, rope tensioners, boundary markers, antennae, floor plates, floor sleeves, floor anchors, judges stands, center standard center, transporters, wall storage hooks, protective pads, and related items). 20. Discount (%) off catalog/pricelist for Gymnasium Spectator Seating and Accessories (all types including but not limited to fixed, telescoping, portable, and related items). 21. Discount (%) off catalog/pricelist for Gymnasium (Indoor) Scoreboards and Accessories (all types including but not limited to basketball, hockey, swimming, volleyball, wrestling, related items). 22. Discount (%) off catalog/pricelist for Gymnasium Divider Curtains and Accessories (all types including but not limited to motorized, manual, and related items). 23. Discount (%) off catalog/pricelist for Gymnasium Floor Mats and Accessories (all types). 24. Discount (%) off catalog/pricelist for Gymnasium Floor Covers, Rubberized Tile and Accessories (all types). 25. Discount (%) off catalog/pricelist for Gymnasium Wall Pads and Accessories (all types). 26. Discount (%) off catalog/pricelist for Repair Parts (for all types of gymnasium equipment). Page 38 of 72 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 27. Discount (%) off catalog/pricelist for Outdoor Sports Field Barrier Netting Products (fence screens, windscreens, dugout screen and graphics, bleacher screen and graphics and other related items.) 28. Discount (%) off catalog/pricelist for All Other Gymnasium and Outdoor Field Equipment and Accessories. Section IV: Installation and Repair Service 29. Hourly Labor Rate for Installation/Repair Service of Athletic, Physical Education, Commercial Grade/Heavy-Duty Exercise and Gymnasium/Outdoor Field Equipment, and Related Products -- Not to Exceed hourly labor rate for Equipment and Related Products. Section V: Proposal No. 665-22 – Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy-Duty Exercise Equipment and Related Accessories: EVALUATION ITEMS 1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement. The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. 30. Evaluation Item No. 1 - Specified Brand and UOM: Football; Wilson WTF1103ID; GST Leather Series; Official Size- College/High School; Each. 31. Evaluation Item No. 2 - Specified Brand and UOM: Volleyball; Tachikara SV5WS; Sensi-Tec® Micro-Fiber; Color: White; NFHS Approved Size; Each. 32. Evaluation Item No. 3 - Specified Brand and UOM: Basketball; Spalding SPA0283; Precision TF-1000; NFHS Approved and Official Size: 7 and 29.5"; Each. 33. Evaluation Item No. 4 - Specified Brand and UOM: Baseballs; Rawlings R100-H1; Color: White; NFHS Series; Dozen. 34. Evaluation Item No. 5 - Specified Brand and UOM: Softballs; Rawlings C11RYLA fastpitch; Color: Optic Yellow; NFHS Series; Dozen. 35. Evaluation Item No. 6 - Specified Brand and UOM: Football Practice Pant (Youth); Russell Athletic PI-F25PFWF-BLK; Three-piece back; No-fly front; Envelope thigh and knee pad pockets; Color: Black; Size: Large. 36. Evaluation Item No. 7 - Specified Brand and UOM: Basketball Shoes; Nike CK1069-005; Color: Black/University Red/White/Dark Grey; Size: Men's 11; Each. 37. Evaluation Item No. 8 - Specified Brand and UOM: Football Gloves; Under Armour Men’s Blur 100 (1359086); Color: White/Metallic Silver; Size: Men's Large; Each. Page 39 of 72 August 24, 2021 To w�.ozn it may concern; 5330 A5HBROOK I--IOU570hl, 1'X 77{?81 )M Please excuse Promaxirna Manufacturing, LLC from Line Items 30-3�'. We do not carry, or manufacture, any of the producfs listed an thase lines. Fa�• bid No. 665-22, Athleiic, PhysicaI Education, Gymnasium Supp�ies and Equipment and Heavy D�ty Exe�•cise Equipment arid Related Accessori�s, please see compl�ted line items 1-29 0� the p�od�cts and listed categories that Promaxima man�faciures and provides. � � .Tohn Yager President of Sales order@promaxima.com 713-6b7-9606 Ext.253 � f l,�,� ! I � . eu�►�;ka err�,urtar�i �o� ��+cx so r[�Ao . BU1LD3.NG CHAMPIONS POR OVL�R 40 Y�ARS 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com Proposal Forms COMM/SVCS v.08.11.2021 R EQUIRED F ORMS C HECKLIST (Please check (√) 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 Boycott Verification 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 (complete in electronic proposal submission system) Reviewed/Completed: Federal and State/Purchasing Cooperative Experience Reviewed/Completed: Governmental References Reviewed/Completed: Company Profile Reviewed/Completed: Texas Regional Service Designation (complete in electronic proposal submission system) Reviewed/Completed: State Service Designation (complete in electronic proposal submission system) 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 and Evaluation Items. Page 40 of 72 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 Pro Maxima Mfg. Information Contact:JOHN YAGER Address:5310 Ashbrook Houston, TX 77081 Phone:(800) 231-6652 Fax:(713) 667-9941 Email:order@promaxima.com Web Address:www.promaxima.com By submitting your response, you certify that you are authorized to represent and bind your company. John Yager order@promaxima.com Signature Email Submitted at 9/23/2021 3:19:38 PM Requested Attachments BuyBoard Proposal Invitation No. 665-22 for Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy-Duty Exercise Equipment and Related Accessories Buy Board 665-22 pt. 2.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 BUY BOARD 2021 PRICE SHEET.pdf REQUIRED-In Excel or PDF format, upload catalog/pricelist in proposal invitation instructions. Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. No paper catalogs or manufacturer/vendor websites will be accepted. File size must not exceed 100MB. (Please DO NOT password protect uploaded files.) Exceptions and/or Detailed Information Related to Discount % and/or Hourly Labor Rate Proposed SHIPPING INSTALL NOT INC_.pdf In PDF format, vendor shall attach detailed information including exceptions to pricing and/or discount percentage and define the services that are proposed to be provided. NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) Company Profile Buy Board Company Profile.docx REQUIRED-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.) IRS Form W-9 Request for Taxpayer Identification Number and Certification Promaxima W-9 2021.pdf REQUIRED-In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Exemption Letter Buy Board Exemption.pdf Vendors that do not offer any of the evaluation and/or alternate items shall submit a written letter providing explanation requesting exemption from this requirement and identify its specialty product line(s). Page 3 of 40 pages Vendor: Pro Maxima Mfg.665-22 Bid Attributes 1 HUB/No Israel Boycott Certification/No Excluded Nation or Foreign Terrorist Certification HUB/No Israel Boycott Certification/No Excluded Nation or Foreign Terrorist Certification 2 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. Yes 3 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. Yes 4 MWBE/HUB Status 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. I certify that my company has been certified as a MWBE/HUB in the following categories: (Please check all that apply) 5 Minority Owned Business Minority Owned Business Minority Owned Business (Yes) 6 Women Owned Business Women Owned Business Women Owned Business (Yes) Page 4 of 40 pages Vendor: Pro Maxima Mfg.665-22 7 Service-Disabled Veteran 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) Service-Disabled Veteran Owned Business (Yes) 8 Certification Number Certification Number No response 9 Name of Certifying Agency Certifying Agency No response 1 0 Non-MWBE/HUB My company has NOT been certified as a MWBE/HUB Non-HUB (Yes) 1 1 Vendor General Contact Information Proposal/Contract General Contact Information 1 2 Vendor Proposal/Contract Contact Name Vendor Proposal/Contract Contact Name John Yager 1 3 Vendor Proposal/Contract Contact E-mail Address Vendor Proposal/Contract Contact E-mail Address order@promaxima.com 1 4 Vendor Proposal/Contract Mailing Address Vendor Proposal/Contract Mailing Address 5310 Ashbrook Drive 1 5 Vendor Proposal/Contact Mailing Address - City Vendor Proposal/Contact Mailing Address - City Houston 1 6 Vendor Proposal/Contact Mailing Address - State Vendor Proposal/Contact Mailing Address - State (Abbreviate State Name) Texas 1 7 Vendor Proposal/Contact Mailing Address - Zip Code Vendor Proposal/Contact Mailing Address - Zip Code 77081 1 8 Vendor Proposal/Contact Phone Number Vendor Proposal/Contact Phone Number (xxx-xxx-xxxx) 713-667-9606 Page 5 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 9 Vendor Proposal/Contact Extension Number Vendor Proposal/Contact Extension Number No response 2 0 Company Website Company Website (www.XXXXX.com) www.promaxima.com 2 1 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 Yes 2 2 Purchase Order E-mail Address Purchase Order E-mail Address order@promaxima.com 2 3 Purchase Order Contact Name Purchase Order Contact Name John Yager 2 4 Purchase Order Contact Phone Number Purchase Order Contact Phone Number (xxx-xxx-xxxx) 713-667-9606 2 5 Purchase Order Contact Extension Number Purchase Order Contact Extension Number No response 2 6 Alternate Purchase Order E-mail Address Alternate Purchase Order E-mail Address No response 2 7 Alternate Purchase Order Contact Name Alternate Purchase Order Contact Name No response 2 8 Alternate Purchase Order Contact Phone Number Alternate Purchase Order Contact Phone Number (xxx-xxx-xxxx) No response Page 6 of 40 pages Vendor: Pro Maxima Mfg.665-22 2 9 Alternate Purchase Order Contact Extension Number Alternate Purchase Order Contact Extension Number No response 3 0 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: 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. Yes 3 1 Request for Quotes (“RFQâ€​) Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: 3 2 Request for Quote (RFQ) E-mail Address Request for Quote (RFQ) E-mail Address order@promaxima.com 3 3 Request for Quote (RFQ) Contact Name Request for Quote (RFQ) Contact Name John Yager 3 4 Request for Quote (RFQ) Contact Phone Number Request for Quote (RFQ) Contact Phone Number (xxx-xxx-xxxx) 713-667-9606 3 5 Request for Quote (RFQ) Contact Extension Number Request for Quote (RFQ) Contact Extension Number No response 3 6 Alternate Request for Quote (RFQ) E-mail Address Alternate Request for Quote (RFQ) E-mail Address No response 3 7 Alternate Request for Quote (RFQ) Contact Name Alternate Request for Quote (RFQ) Contact Name No response 3 8 Alternate Request for Quote (RFQ) Contact Phone Number Alternate Request for Quote (RFQ) Contact Phone Number (xxx-xxx-xxxx) No response Page 7 of 40 pages Vendor: Pro Maxima Mfg.665-22 3 9 Alternate Request for Quote (RFQ) Contact Extension Number Alternate Request for Quote (RFQ) Contact Extension Number No response 4 0 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. 4 1 Invoices Please choose only one (1) of the following options for receipt of invoices and provide the requested information: (a) Service fee invoices and related communications should be provided directly to my company at: or (b) In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent: 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. Service fee invoices and notices direct to company 4 2 Invoice Company Name Invoice Company Name Promaxima Manufacturing, LLC. 4 3 Invoice Company Department Name Invoice Company Department Name Accounts Payable 4 4 Invoice Contact Name Invoice Contact Name John Yager 4 5 Invoice Mailing Address Invoice Mailing Address (P.O. Box or Street Address) 5310 Ashbrook Drive 4 6 Invoice Mailing Address - City Invoice Mailing Address - City Houston 4 7 Invoice Mailing Address - State Invoice Mailing Address - State (Abbreviate State Name) Texas Page 8 of 40 pages Vendor: Pro Maxima Mfg.665-22 4 8 Invoice Mailing Address - Zip Code Invoice Mailing Address (Zip Code) 77081 4 9 Invoice Contact Phone Number Invoice Contact Phone Number (xxx-xxx-xxxx) 713-667-9606 5 0 Invoice Contact Extension Number Invoice Contact Extension Number No response 5 1 Invoice Contact Fax Number Invoice Contact Fax Number (xxx-xxx-xxxx) No response 5 2 Invoice Contact E-mail Address Invoice Contact E-mail order@promaxima.com 5 3 Invoice Contact Alternate E-mail Address Invoice Contact Alternate E-mail Address No response 5 4 Billing Agent Company Name Billing Agent Company Name No response 5 5 Billing Agent Department Name Billing Agent Department Name No response 5 6 Billing Agent Contact Name Billing Agent Contact Name No response 5 7 Billing Agent Mailing Address Billing Agent Mailing Address (P.O. Box or Street Address) No response 5 8 Billing Agent Mailing Address - City Billing Agent Mailing Address - City No response 5 9 Billing Agent Mailing Address - State Billing Agent Mailing Address - State (Abbreviate State Name) No response Page 9 of 40 pages Vendor: Pro Maxima Mfg.665-22 6 0 Billing Agent Mailing Address - Zip Code Billing Agent Mailing Address - Zip Code No response 6 1 Billing Agent Contact Phone Number Billing Agent Contact Phone Number (xxx-xxx-xxxx) No response 6 2 Billing Agent Contact Extension Number Billing Agent Contact Extension Number No response 6 3 Billing Agent Fax Number Billing Agent Fax Number No response 6 4 Billing Agent Contact E-mail Address Billing Agent Contact E-mail Address No response 6 5 Billing Agent Alternative E-mail Address Billing Agent Alternative E-mail Address No response 6 6 Shipping Via Common Carrier, Company Truck, Prepaid and Add to Invoice, or Other Common Carrier 6 7 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). Payments are made to Buy Board after all projects are delivered and installed. 6 8 Vendor's Internal/Assigned Reference/Quote Number Vendor's Internal/Assigned Reference/Quote Number No response 6 9 State or Attach 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. No response 7 0 Electronic Payments Are electronic payments acceptable to your company? Yes Page 10 of 40 pages Vendor: Pro Maxima Mfg.665-22 7 1 Credit Card Payments Are credit card payments acceptable to your company? Yes 7 2 Texas Regional Service Designation Texas Regional Service Designation - Refer to Form in Proposal Invitation 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. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. 7 3 Company Name Company Name ProMaxima Manufacturing, LLC 7 4 Texas Regional Service Designation Select only one of the following options. If you select "I will NOT serve all Regions of Texas", you must then check the individual Regions you wish to serve. All Regions 7 5 Region 1 Region 1 - Edinburg Region 1 (1) 7 6 Region 2 Region 2 - Corpus Christi Region 2 (2) 7 7 Region 3 Region 3 - Victoria Region 3 (3) 7 8 Region 4 Region 4 - Houston Region 4 (4) 7 9 Region 5 Region 5 - Beaumont Region 5 (5) 8 0 Region 6 Region 6 - Huntsville Region 6 (6) Page 11 of 40 pages Vendor: Pro Maxima Mfg.665-22 8 1 Region 7 Region 7 - Kilgore Region 7 (7) 8 2 Region 8 Region 8 - Mount Pleasant Region 8 (8) 8 3 Region 9 Region 9 - Wichita Falls Region 9 (9) 8 4 Region 10 Region 10 - Richardson Region 10 (10) 8 5 Region 11 Region 11 - Fort Worth Region 11 (11) 8 6 Region 12 Region 12 - Waco Region 12 (12) 8 7 Region 13 Region 13 - Austin Region 13 (13) 8 8 Region 14 Region 14 - Abilene Region 14 (14) 8 9 Region 15 Region 15 - San Angelo Region 15 (15) 9 0 Region 16 Region 16 - Amarillo Region 16 (16) 9 1 Region 17 Region 17 - Lubbock Region 17 (17) 9 2 Region 18 Region 18 - Midland Region 18 (18) Page 12 of 40 pages Vendor: Pro Maxima Mfg.665-22 9 3 Region 19 Region 19 - El Paso Region 19 (19) 9 4 Region 20 Region 20 - San Antonio Region 20 (20) 9 5 State Service Designation State Service Designation - Refer to Form in Proposal Invitation. 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.) In addition to this form, to be considered for a piggy-back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing Cooperative Vendor Award Agreement that follows this form. If you serve different states for different products or services included in your Proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract. 9 6 Company Name Company Name Promaxima Manufacturing, LLC 9 7 State Service Designation Select only one of the following options. If you select "I will NOT serve all States", you must then check the individual States you wish to serve. All States 9 8 Alabama Alabama Alabama (AL) 9 9 Alaska Alaska Alaska (AK) 1 0 0 Arizona Arizona Arizona (AZ) 1 0 1 Arkansas Arkansas Arkansas (AR) Page 13 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 0 2 California California (Public Contract Code 20118 & 20652) California (CA) 1 0 3 Colorado Colorado Colorado (CO) 1 0 4 Connecticut Connecticut Connecticut (CT) 1 0 5 Delaware Delaware Delaware (DE) 1 0 6 District of Columbia District of Columbia District of Columbia (DC) 1 0 7 Florida Florida Florida (FL) 1 0 8 Georgia Georgia Georgia (GA) 1 0 9 Hawaii Hawaii Hawaii (HI) 1 1 0 Idaho Idaho Idaho (ID) 1 1 1 Illinois Illinois Illinois (IL) 1 1 2 Indiana Indiana Indiana (IN) 1 1 3 Iowa Iowa Iowa (IA) Page 14 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 1 4 Kansas Kansas Kansas (KS) 1 1 5 Kentucky Kentucky Kentucky (KY) 1 1 6 Louisiana Louisiana Louisiana (LA) 1 1 7 Maine Maine Maine (ME) 1 1 8 Maryland Maryland Maryland (ME) 1 1 9 Massachusetts Massachusetts Massachusetts (MA) 1 2 0 Michigan Michigan Michigan (MI) 1 2 1 Minnesota Minnesota Minnesota (MN) 1 2 2 Mississippi Mississippi Mississippi (MS) 1 2 3 Missouri Missouri Missouri (MO) 1 2 4 Montana Montana Montana (MT) 1 2 5 Nebraska Nebraska Nebraska (NE) Page 15 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 2 6 Nevada Nevada Nevada (NV) 1 2 7 New Hampshire New Hampshire New Hampshire (NH) 1 2 8 New Jersey New Jersey New Jersey (NJ) 1 2 9 New Mexico New Mexico New Mexico (NM) 1 3 0 New York New York New York (NY) 1 3 1 North Carolina North Carolina North Carolina (NC) 1 3 2 North Dakota North Dakota North Dakota (ND) 1 3 3 Ohio Ohio Ohio (OH) 1 3 4 Oklahoma Oklahoma Oklahoma (OK) 1 3 5 Oregon Oregon Oregon (OR) 1 3 6 Pennsylvania Pennsylvania Pennsylvania (PA) 1 3 7 Rhode Island Rhode Island Rhode Island (RI) Page 16 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 3 8 South Carolina South Carolina South Carolina (SC) 1 3 9 South Dakota South Dakota South Dakota (SD) 1 4 0 Tennessee Tennessee Tennessee (TN) 1 4 1 Texas Texas Texas (TX) 1 4 2 Utah Utah Utah (UT) 1 4 3 Vermont Vermont Vermont (VT) 1 4 4 Virginia Virginia Virginia (VA) 1 4 5 Washington Washington Washington (WA) 1 4 6 West Virginia West Virginia West Virginia (WV) 1 4 7 Wisconsin Wisconsin Wisconsin (WI) 1 4 8 Wyoming Wyoming Wyoming (WY) Bid Lines Page 17 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 Section I: Equipment, Products, and Supplies - Discount (%) off catalog/pricelist for All Athletic Supplies. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 2 Section I: Equipment, Products, and Supplies - Discount (%) off catalog/pricelist for All Athletic Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 18 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 3 Section I: Equipment, Products, and Supplies - Discount (%) off catalog/pricelist for All Athletic Apparel, Clothing, Footwear and Shoes. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 19 of 40 pages Vendor: Pro Maxima Mfg.665-22 4 Section I: Equipment, Products, and Supplies - Discount (%) off catalog/pricelist for All Football Helmets (new and reconditioned). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 5 Section I: Equipment, Products, and Supplies - Discount (%) off catalog/pricelist for All Physical Education Supplies. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 20 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 6 Section I: Equipment, Products, and Supplies - Discount (%) off catalog/pricelist for All Physical Education Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal Page 21 of 40 pages Vendor: Pro Maxima Mfg.665-22 7 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Elliptical Cross-Trainers. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 8 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Exercise Bicycles. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 22 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 9 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Stair Climbers. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal Page 23 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 0 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Treadmills. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 1 1 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Computerized Strength Training Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 24 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 1 2 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Free Weights (Barbells, Curl Bars, Dumbbells, and other related free weights). Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal Page 25 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 3 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Plate Loaded Strength Training Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 1 4 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Selectorized Strength Training Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 26 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 1 5 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Outdoor Commercial Grade/Heavy-Duty Exercise Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 27 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 6 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for All Other Commercial Grade/Heavy-Duty Exercise Equipment and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. Total:30% Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". Coaches Heavy Metal 1 7 Section II: Commercial Grade/Heavy-Duty Exercise Equipment - Discount (%) off catalog/pricelist for Rental of All Types of Commercial Grade/Heavy-Duty Exercise Equipment (Indoor/Outdoor). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 28 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 1 8 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium Basketball Systems and Accessories (all types including but not limited to backstops, backboards, scorer tables, goals wall mount, ceiling mount, folding, stationary, and related items). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 29 of 40 pages Vendor: Pro Maxima Mfg.665-22 1 9 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium Volleyball Systems and Accessories (all types including but not limited to standards, nets, rope tensioners, boundary markers, antennae, floor plates, floor sleeves, floor anchors, judges stands, center standard center, transporters, wall storage hooks, protective pads, and related items). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 30 of 40 pages Vendor: Pro Maxima Mfg.665-22 2 0 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium Spectator Seating and Accessories (all types including but not limited to fixed, telescoping, portable, and related items). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 2 1 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium (Indoor) Scoreboards and Accessories (all types including but not limited to basketball, hockey, swimming, volleyball, wrestling, related items). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 31 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 2 2 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium Divider Curtains and Accessories (all types including but not limited to motorized, manual, and related items). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 32 of 40 pages Vendor: Pro Maxima Mfg.665-22 2 3 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium Floor Mats and Accessories (all types). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 2 4 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium Floor Covers, Rubberized Tile and Accessories (all types). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 33 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 2 5 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Gymnasium Wall Pads and Accessories (all types). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response Page 34 of 40 pages Vendor: Pro Maxima Mfg.665-22 2 6 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Repair Parts (for all types of gymnasium equipment). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 2 7 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for Outdoor Sports Field Barrier Netting Products (fence screens, windscreens, dugout screen and graphics, bleacher screen and graphics and other related items.) Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Page 35 of 40 pages Vendor: Pro Maxima Mfg.665-22 Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 2 8 Section III: Gymnasium and Outdoor Field Equipment and Supplies - Discount (%) off catalog/pricelist for All Other Gymnasium and Outdoor Field Equipment and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes:PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, with Excel or searchable PDF preferred. No paper catalogs or manufacturer/vendor websites will be accepted. Vendors proposing multiple manufacturer product lines and/or catalog/pricelist per line item must submit the information as follows or proposal may not be considered: Select "Add Alternate" for each additional manufacturer product line and/or catalog/pricelist proposed Vendor’s must list one specific percentage discount for each manufacturer and/or catalog/pricelist listed Item Attributes 1.State Name of Catalog/Pricelist Proposed with Discount Percentage NOTE: Do not include SKU, Reference Numbers, Websites, and/or "See Attached/Enclosed". No response 2 9 Section IV: Installation and Repair Service - Hourly Labor Rate for Installation/Repair Service of Service of Athletic, Physical Education, Commercial Grade/Heavy-Duty Exercise and Gymnasium/Outdoor Field Equipment, and Related Products -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hourly Labor Rate Price:$21.00 Total:$21.00 Page 36 of 40 pages Vendor: Pro Maxima Mfg.665-22 3 0 Section V: Evaluation Items: Specified Brand and UOM: Football; Wilson WTF1103ID; GST Leather Series; Official Size-College/High School; Each. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. Item Attributes 1.Specific Brand No response 3 1 Section V: Evaluation Items: Specified Brand and UOM:Volleyball; Tachikara SV5WS; Sensi-Tec® Micro-Fiber; Color: White; NFHS Approved Size; Each. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. Item Attributes 1.Specific Brand No response Page 37 of 40 pages Vendor: Pro Maxima Mfg.665-22 3 2 Section V: Evaluation Items: Specified Brand and UOM: Basketball; Spalding SPA0283; Precision TF-1000; NFHS Approved and Official Size: 7 and 29.5"; Each. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. Item Attributes 1.Specific Brand No response 3 3 Section V: Evaluation Items: Specified Brand and UOM: Baseballs; Rawlings R100-H1; Color: White; NFHS Series; Dozen. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal.all information provided with the Proposal. Item Attributes 1.Specific Brand No response Page 38 of 40 pages Vendor: Pro Maxima Mfg.665-22 3 4 Section V: Evaluation Items: Specified Brand and UOM: Softballs; Rawlings C11RYLA fastpitch; Color: Optic Yellow; NFHS Series; Dozen. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. Item Attributes 1.Specific Brand No response 3 5 Section V: Evaluation Items: Specified Brand and UOM: Football Practice Pant (Youth); Russell Athletic PI- F25PFWF-BLK; Three-piece back; No-fly front; Envelope thigh and knee pad pockets; Color: Black; Size: Large. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. Item Attributes 1.Specific Brand No response Page 39 of 40 pages Vendor: Pro Maxima Mfg.665-22 3 6 Section V: Evaluation Items: Specified Brand and UOM: Basketball Shoes; Nike CK1069-005; Color: Black/University Red/White/Dark Grey; Size: Men's 11; Each. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. Item Attributes 1.Specific Brand No response 3 7 Section V: Evaluation Items: Specified Brand and UOM: Football Gloves; Under Armour Men’s Blur 100 (1359086); Color: White/Metallic Silver; Size: Men's Large; Each. No Bid Item Notes:1. Information under Section V (Items 30-37) is requested and will be used only for purposes of assisting in the evaluation of Vendor's price competitiveness. These items will not be individually awarded. THE FOLLOWING EVALUATION ITEMS MUST BE COMPLETED FOR EITHER THE AS SPECIFIED OR ALTERNATE PRODUCT. Equal alternates may be submitted only if you do not sell the specific product listed. Evaluation items must be fully completed and submitted, or the PROPOSAL WILL NOT BE CONSIDERED. 2. Vendors shall provide AS SPECIFIED OR ALTERNATE PRODUCT pricing based on the following pricing structure. [Calculated BuyBoard Price (catalog/pricelist price less discount proposed = BuyBoard Price)] 3. Vendors that do not offer any of the evaluation or alternate items listed below shall submit a written explanation to request exemption from this requirement and select "No Bid." The Cooperative may determine, in its sole discretion, whether or not to exempt a Vendor from this requirement based on all information provided with the Proposal. Item Attributes 1.Specific Brand No response Response Total: $21.00 Page 40 of 40 pages Vendor: Pro Maxima Mfg.665-22 C�NFLlCT OF iNTEREST QUESTIQNNAII�E FORM CIQ For �endor doing b�siness wi�h iocal gouernmental entity This questionnaire re(tects changes made to the law by H.B. 23, 84th Leg., Regular 5ession. OF�IC�US�ON�Y This q€�estionnaire is being filed in aaoardance with CF�apter 176, Local Gavarnment Cade, by a vendar who pate Rece�ved has a business re6ationship as detined by 5eclion i78.001(1-a) with a local governmental antity artd the vendor maets requirements under Section 176.a08(ay. By law ihis questionnaire must be fi�ed with the records administrafor oi t�e local govemmenial entity not laier EE�an the 7ih business ctay after the daEe the vendar becomes aware of facts that require t�e staFerrsent to be filad. See 5ectinn 176.006(a-1), Local Gavernment Code. A vendor commils an oifense if the vendor knowingly violaies Section 1 i6.006, Local Governmant Code. An offense under this section is a misdemear€or, � f�arne of ver�dor who has a business relationship wlth tacal go�ernmental e�tity. � 2 � Check this box if you are fiiing an update to a previously filed questfonnaire. {The law requires thak yot� file an updated comp�eted questionnaire with the appropriate filing authority nat later than the 7th business day after fhe date on which you bac�me aware thaE the origirtally filed quesiior�naire was incomplete or inaccurate.) 3 Name ot Ipcal government olficer about whom the infortnaiion is being disclosed. Name of Officer ¢ pescribe each employment or other business relatlonship with th� local government oificer, ar a family mernber of the officer, as described by Sectton 176.003(a){2)(A). Also describe any family reiatior�shlp with the tocal go�ernment otficer. Compiete subparts A ar�d B for each employment or business relaiionship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government of€icer or a famify member of the ofiicer receivi�g or likely to reeeive taxable income, ather than investrnent incame, from the v�ndor? � Yes � No B. fs the vendor rcceivi€�g or likely to rece€ve taxable income, other thar� investment income, from or at the direction of the locaf government o�iicer or a family member af the officer ANb the taxable income is not received frpm the local govemrrt�;nfal entity? � Yes � No � ° J 5 Describe each emplayment pr business relat[anship that ihe �endor named in Section 1 maintains with a corporafion or ather business entity wiih respect ta which fhe local gov�rnment o#ficer ser�es as an oificer or directar, ar holds an ownership interest of or�e percent or more. � � 6 ❑Checic ihis box if the vendor has given the lacal gnvernme�t nffiaer or a family member vf the otficer one or r�ore gifts as descrit�ed in Section 17fi.Q03(a)(2)(B), excluding gi(#s described in Section 176.003(a-1). 7 � �`� ���- 5ignature oE ndor doing business with the governmental entity pa� Form provided by Taxas Eth' Cammission www.ethics.state.tx.us Revised 1/1/2021 6/24/22, 9:13 AM M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=30000&councildate=6/14/2022 1/2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:6/14/2022 REFERENCE NO.: **M&C 22- 0446 LOG NAME: 13P ATHLETIC, PHYSICAL EDUCATION, GYMNASIUM SUPPLIES TD CITY CODE:P TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize Purchase Agreements with BSN Sports, LLC dba Varsity Brands Holding Co, Inc., Comm-Fit Holdings, LLC, Fit Supply, LLC, Game Court Services, Inc., John F. Clark Company, Inc., Marathon Fitness, Nevco Sports, LLC, Promaxima Manufacturing, LLC and S&S Worldwide in the Combined Annual Amount Up to $960,000.00 and Authorize Two Consecutive One-Year Renewal Options for the Same Annual Amount for Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy-Duty Exercise Equipment and Related Accessories and Services for Equipment at Community Centers to be Used by the Public as well as Equipment to be used by Public Safety Employees at Bob Bolen Public Safety Complex, Fire Stations throughout the City, and the Police Department Northwest Precinct Using BuyBoard Cooperative Contract 665-22 for All City Departments RECOMMENDATION: It is recommended that the City Council authorize purchase agreements with BSN Sports, LLC dba Varsity Brands Holding Co, Inc., Comm-Fit Holdings, LLC, Fit Supply, LLC, Game Court Services, Inc., John F. Clark Company, Inc., Marathon Fitness, Nevco Sports, LLC, Promaxima Manufacturing, LLC and S&S Worldwide in the combined annual amount up to $960,000.00 and authorize two consecutive one-year renewal options for the same annual amount for athletic, physical education, gymnasium supplies and equipment and heavy-duty exercise equipment and related accessories and services for equipment at community centers to be used by the public as well as equipment to be used by public safety employees at Bob Bolen Public Safety Complex, Fire Stations throughout the City, and the Police Department Northwest Precinct using BuyBoard cooperative contract 665-22 for all city departments. DISCUSSION: City Departments will utilize the Agreements to purchase commercial exercise equipment, athletic supplies, gym supplies, which includes score and video boards, athletic clothing, related repair parts and services at several City facilities. The equipment is primarily used by citizens at City Community Centers and by public safety employees. Staff's recommended vendor list includes multiple vendors offering a variety of products offered through BuyBoard Contract No. 665-22. Recommended vendors and estimated award amounts are below: Vendor Estimated Award Amount BSN Sports, LLC dba Varsity Brands Holding Co, Inc.158,000.00 Comm-Fit Holdings, LLC 186,000.00 Fit Supply, LLC 453,000.00 Game Court Services, Inc.7,000.00 John F. Clark Company, Inc.54,000.00 Marathon Fitness 11,000.00 Nevco Sports, LLC 13,000.00 Promaxima Manufacturing, LLC 11,000.00 6/24/22, 9:13 AM M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=30000&councildate=6/14/2022 2/2 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Vendor Estimated Award Amount S&S Worldwide 67,000.00 The maximum amount allowed under this agreement citywide will be $960,000.00, however the actual amount used will be based on the need of the department and available budget. These agreements 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 upon approval of the recommendations, funds are available in the current operating budget, as appropriated, of the General Fund and that, prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. BQN\\ TO FROM Submitted for City Manager's Office by:Reginald Zeno (8517) Fernando Costa (6122) Originating Department Head:Anthony Rousseau (8338) Neil Noakes (4212) Additional Information Contact:Cynthia Garcia (8525) Taylor Dean (7648) ATTACHMENTS All Vendor 1295 Forms.pdf (CFW Internal) BB 556-22 All SAMS Reports.pdf (CFW Internal)