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HomeMy WebLinkAboutContract 58796CSC No. 58796 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Siemens Industry, Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Siemens Proposal Eagle Mountain Clean Agent Suppression; 3. Exhibit B — Sourcewell #030421-SIE; 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 not exceed the amount of Two Hundred Sixty -Six Thousand, Two Hundred Twenty -Six and 00/100 dollars ($266,226.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending April 22, 2025. City shall be able to renew this agreement for one (1) one-year option by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Cooperative Purchase OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 36 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: Siemens Industry Inc. ATTN: Legal Department 1000 Deerfield Parkway Buffalo Grove, IL 60089-4547 Facsimile: N/A [signature page follows] Cooperative Purchase Page 2 of 36 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: Vl&OAA-- By: Valerie Washington (Jan 31, 202312:08 CST) Name: Valerie Washington Title: Assistant City Manager Date: Jan 31, 2023 APPROVAL RECOMMENDED: By: Name: Kevin Gunn Title: IT Solutions Director p.�4444q�� loll ATTEST: o s°to7lo o9�d �olo Pv8 8=d p adtt nEXA?a4p By: Name: Jannette Goodall Title: City Secretary VENDOR: Siemens Industry, Inc. �aae� yS�acu�ea.� By: O Date: Electronically signed by. Jason Haddock Date: Jan 16. 2023 10,10 CST Name: Jason Haddock Title: Branch General Manager 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. aw.&j1 By: Bobby Lee (Jan 23, 202317:03 CST) Name: Bobby Lee Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: In Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0730 Approved: 9/27/2022 Form 1295: N/A ,I Electronically signed by. mh Date: Jan 17, 2023 13:16 CST Mark Houghteling - FBA Branch Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Page 3 of 36 Exhibit A Siemens Proposal — Eagle Mountain — Clean Agent Suppression SIEMENS PROPOSAL Eagle Mountain - Ft Worth Water IT Site -Clean Agent Suppression PREPARED BY Siemens Industry, Inc. PREPARED FOR CITY OF FORT WORTH DELIVERED ON August 09, 2022 SMART BUILDINGS Transforming the Everyday Cooperative Purchase Page 4 of 36 SIEMENS Table of Contents SIEMENSPROPOSAL....................................................................................................... 3 Contact Information.............................................................................................. 3 Pricing................................................................................................................... 4 Purposeof the Project........................................................................................... 5 Scope of Work - Installation.................................................................................. 6 3 Years Recurring Annual Services.......................................................................... 7 Inclusions.............................................................................................................. 8 Exclusions............................................................................................................. 9 EquipmentList.................................................................................................... 10 Termsand Conditions................................................................................................... 11 Terms & Conditions Link(s).................................................................................. 11 SignaturePage............................................................................................................. 12 SignaturePage.................................................................................................... 12 Page 2 of 12 Cooperative Purchase Page 5 of 36 Contact Information Sales Executive: Branch Address: Telephone: Email Address: Customer Contact: Customer: Address: Services shall be provided at: Proposal #: Date: Raymond Patterson 8600 North Royal Lane, St 100 Irving , Texas 75063 817-825-0283 Raymond.patterson@siemens_com SIEMENS 6871614 August 09, 2022 CITY OF FORT WORTH Sourcewell Customer ID #6591 Eagle Mountain - Ft Worth Water IT Site Fort Worth Texas Eagle Mountain - Ft Worth Water IT Site - Clean Agent Suppression Sourcewell Purchasing Contract: #030421 SIE - Facility Security, Fire and Building Automation Systems. THE PRICES STATED HEREIN ARE BASED ON THE TERMS OF ONLY THE SOURCEWELL CONTRACT AND ATTACHED SIEMENS STANDARD TERMS AND CONDITIONS WITH THE EXCEPTION OF FEDERAL TERMS REQUIRED WHEN FEDERAL FUNDING IS USED. BY PARTICIPATING IN THE SOURCEWELL PROGRAM, PARTICIPATING ENTITIES HAVE AGREED TO USE THE SOURCEWELL CONTRACT AND ITS TERMS AND CONDITIONS. Page 3 of 12 Cooperative Purchase Page 6 of 36 SIEMENS Pricing Sourcewell Purchasing Contract: #030421-SIE - Facility Security, Fire and Building Automation Systems. Total Construction Quote Price $266,226.00 Construction Cost and 3 year service agreement for the project: Approx. Breakout for the project: Material and equipment: $ 151,822.00 Labor, Testing and Certifications: $ 90,154.00 Limited Sealing of the protected space: $ 7,750.00 3 years of UL listed Central Station Monitoring: $ 1,950.00 3 year Service Agreement: $ 14,550.00 This price is firm for 30 days from the date of this proposal. Due the current supply chain issues and the ever changing material pricing, the final pricing is subject to change. Page 4 of 12 Cooperative Purchase Page 7 of 36 SIEMENS Purpose of the Project Provide Clean agent fire suppression and detection systems for the TELECOM Room at Eagle Mountain Water plant. Purpose: To provide smoke detection and fire suppression in the Redundant server room at Eagle Mountain Water Plant Radio Room. The purpose of this scope of work is provide and install new fire alarm releasing and detection panel in the IT data hall. We are basing the spot smoke detection coverage on 125 square feet spacing due the air flow volumes in the room. This is typical data hall spacing. The room will be provided with the Manual release stations and abort stations at each doorway. The protected area and the entrance doors will be provided with the required Horn and Strobe Warning activation devices. The protected space will be in the main data hall, the attached rest room and the attached storage room. The main building is not included in this scope. All work on this project is based on full conduit system utilizing EMT conduit. The clean agent will be NQVEC 1230. designed to concentration levels of approx 4.5%. The agent tanks will be located in the protected spaces. The piping will be schedule 40, seamless black steel. The nozzles will be brass or aluminum as required. The fire alarm releasing panel will be equipment with a remote central station dialer. The doors will be weather stripped and verified the door closures work. A room integrity test will be provided to assure the 10 minute hold time is valid. Two door fan test are included. Additional cost may be required to seal the room to maintain the concentration time. A not to exceed service line item is provided, for the approx.. cost. Sealing of the room will be based on the final cost of the required work, as needed. All work will be permitted and inspected by the Fort Worth Fire and Water Departments as required. All Work is based on standard work hours 7am to 5 pm M-F_ Page 5 of 12 Cooperative Purchase Page 8 of 36 SIEMENS Scope of Work - Installation Fire Detection and Suppression System Scope of Work: The equipment is floor plans and walk through. We propose to furnish the design submittal, fire alarm detection, notification, releasing devices, panels, and clean agent suppression systems for project. Siemens will provide all fire alarm and suppression related equipment, piping conduit, installation, testing and certifications for the project as listed. The equipment is based on the Siemens equipment with a remote offsite dialer. The design is based on the floor plans and walk through of the site. Siemens shall provide a final design submittal package. Siemens shall submit to the customer and City of Port Worth Fire Dept. • Fire Alarm Detection and Releasing Panels: ONE Siemens Fine Detection Alarm Panel • ONE Mite dialer • Fire Alarm Notification System: • Alert Discharge Warning Strobes at each exit • Alert Discharge Warning Ham Strobes at each exit Alert Discharge Warning Strobes at each entrance WP as needed, ■ SmokeDetection System: • Area Smoke Detectors based on 125 Sgft Spacing in the protected area. ■ Fire Suppression Equipment: - Four Releasing Circuits - Manual Activation stations at each exit • Abort Stations at each exit • One - 970 tank with 40 pounds of agent — small equipment room. One - # 35 tank with 20 pounds of agent — small hallway and restroom • Two - # 1200 tanks with 845 pound of agent — large data hall • 18 — Suppression Nozzles Piping and supports. Conduit, piping support and grounding. • Circuits • Installation Testing Certifieatians • General Notes: • Siemens includes the final Design and floor plans submittals, on site meeting with AH7. Siemens includes pretesting and final acceptance testing. • Design Submittal Package •Training • General Exclusions: Page B of 12 Cooperative Purchase Page 9 of 36 SIEMENS • Fire watch • Delays caused by supply chain or review processes. Sealing of the protected space, An allowance of $ 5,000.00 is included in base bid. Additional funds may be required. Base Building fire alarm systems. • Replacement of Agent in case of discharge 3 Years Recurring Annual Services Annual Services: • Mite UL Listed Central Station Monitoring - Required by NFPA Standard #72 . • Quarterly inspections. - Required by NFPA Standard #2001 • Annual inspections and testing. - Required by NFPA Standard #72 and #2001 • Annual training On call service. • Extended warranty • An Annual Inspection and monitoring contract paperwork will be provided. Contract Excludes: Replacement of Agent, due to discharge. Page 7of12 Cooperative Purchase Page 10 of 36 SIEMENS Inclusions 1. Freight 2. Clean Agent Fire Suppression Submittal to customer and AFU 3. Clean Agent Fire Suppression and/or Electrical Permit or costs associated with this project 4. Project Management for Siemens Scope of work 5. System Commissioning and Final Pretest 6. Final AFU Testing and certification 7. One (2) room integrity test 8. 120VAC power is included in this scope of work. Base on local power and available circuit breakers. 9. Supply or installation of any electrical conduits, cables, wiring or back boxes, and equipment 10. Supply or installation of all piping and supports 11. Grounding as required 12. As interpreted in walk through and as defined in this proposal 13. Price is based on Auto -CAD electronic drawings for the project being supplied to us by others 14. One (1) year warranty 15. Customer training 4 hours 16. Final wiring terminations to the control panel 17. 0&M manual 18. Programming 19. The proposal covers only the direct costs associated with the scope. 20. It is anticipated that all work will be on a straight -time basis Monday through Friday between 7 am-5 pm. 21. This proposal is for acceptance within thirty (30) days and is subject to escalation after that. If the above scope is different than stated, Siemens Industry, Inc. reserves the right to re -quote these items when additional costs can be determined. Page 8 of 12 Cooperative Purchase Page 11 of 36 SIEMENS Exclusions 1, Limited Sealing or patching for the room to meet room integrity requirements. 2. Additional room integrity tests if more than the two (2) included in the scope is required. 3. Emergency Power Off (EPO) is excluded. Siemens is not designing or installing the critical systems shut down process. 4. The Siemens Sinorix Novec 1230 is the provided clean agent. 5. No exhaust system coordination or installation is included in this scope of work. 6. Backup reserve Novec 1230 tanks ARE NOT INCLUDED in this scope of work. 7. The cost associated with multiple trips to the job site due to incompletion by others. 8. Working in areas containing hazardous materials. 9. Asbestos or hazardous material removal. 10. Fire watch 11. The cost associated with schedule acceleration or various unplanned phases. 12. Ceilinglwallffloor removal (coring) or replacement, patching, painting, and fire caulking. 13. Liquidated damages. 14. Charges related to bypassing fire alarm system during construction. 15. Overtime (except as specifically noted), After-hours work (except as specifically noted) 16. Additional testing due to others 17. Bonding or special insurance 18. If the project is delayed outside of Siemens control, there will be an additional cost. 19. Any changes required by the Fire Marshall/ Owner/ AHJ will be an additional cost. 20. This quotation does not include the base building fire alarm system, installation. 21. The proposal does not include preparation for painting of a pipe, nor does it include pipe identification. 22. Siemens EXCLUDES - Structural calculations of building structure to verify integrity to carry loads or seismic forces of the fire suppression system. It is assumed the structure is adequate to support this system 23. Any structural analysis or engineering of the building structure to support the fire suppression system. The design will incorporate any point load limitations shown on the contract drawings or truss/joist shop drawings. Should details not be available at the time of submittal, the design will be completed based upon NFPA 2001 hanger spacing requirements. For structural members with hanger load restrictions, there are substantial requirements for reinforcement. 24. Professional Engineers stamp 25. No fire sprinkler equipment or fire sprinkler system revisions are included in this scope of work. 26. Pricing is based on executing this project at the same time. If the project is phased additional costs will be required for mobilization. Page 9 of 12 Cooperative Purchase Page 12 of 36 Equipment List QV I 1 1 1 1 2 2 2 4 4 4 4 4 5 5 4 32 32 4 16 5 9 1 1B 2 1 1 Ref # 554430-B9-A1 500-633011 599-050600 500-033240 500-033140 500-633027 175-083898 500-033050 A71`30027379 500-649851BG 500-650229BG 500-650230BG 500-650231BG 500-650232BG 500-650233BG 500-033450 500-822500BG 240-649671 554320-F7-A1 500-094151 500-696359 554370-B4-A1 554329-F31-A2 554329-F27-A1 CPY-35-00-2-0035 CPYEN2-10-0.2008 CPY-12DO-00-2-0845 CPY-70-00-2-0040 R9999 SIEMENS Description Desigo Modular Fire Alarm Panel Electronics Package LARGE SIZE (3 ROW) ENCLOSURE BACKBOX - BLACK FIELD MOUNTED INCLUDES: (1) CAB3-BD,(1) BCL AND (1) OD -LP Siemens Fire Alarm Network Interface Card (6) FAN CONTROL SWITCH MODULE MOUNTS TO ID -MP Siemens Inner Door Module Mounting Plate BATTERY (55AH,24VDC) MOUNTS IN CAB -GATT Siemens 4 Notification Appliance Circuit Card Battery SINORIX MAINTAINANCE SWITCH SYSTEM RELEASE DEVICE ACTIVE DO NOT ENTER EXIT ROOMTIVE PUSH AND HOLD METAL MANUAL STATION ABORT STATION SOLENOID 24VDC 15W Siemens Addressable Multi -Criteria Smoke and Heat Detector Siemens Addressable Detector Base RELEASING END OF LINE RESISTORS Addressable Mini Input Monitor Modular wl Isolator H RNIST,WALL,RED,AGENT ST,WALL,RED,AGENT 35 CYL RED, NO SOLENOID, NOVEC, 35LB 1-112' 360 DEGREE NOZZLE DRILL 0.2008 12DO CYL RED, NO SOLENOID, NOVEC, 845LB 70 CYL RED, NO SOLENOID, NOVEC, 40LB Mech and alarm conduit- material Page 10 of 12 Cooperative Purchase Page 13 of 36 SIEMENS Terms & Conditions Link(s) Terms and Conditions (Glick to downlQ.- Terms & Conditions (Projects) (http:llgo.siemens.net115156302) Terms & Conditions (Products Only) (http:llgo.siemens.net;l 5492770) Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRUIIHS Markit/CMAIICOMEX market index, then Siemens may increase the Contract Sum or apply a surcharge to Customer accordingly. As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub -suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub -suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. Attachment A Riders (Click on rider below to download) Si Flre Life Safety Rider (http:llgo,siemens.ne►J3629693'1) Si Mass Notification Rider (http:llgo.siemens.netf88515649) Si Monitoring Rider (http:;Igo,siemens.net/31208927) Si Software License Warranty (http:llgo.siemens.net159206587) Si Consulting Rider (http:llgo.slemens.net133041159) Page 11 of 12 Cooperative Purchase Page 14 of 36 Signature Page Proposed by: Siemens Industry, Inc. Company Raymond Patterson Name 6871614 Proposal # $266,226.00 Proposal Amount August 09, 2022 Date SIEMENS Accepted by: CITY OF FORT WORTH Sourcewell Customer ID #a'6591 Company Valerie Washington Name (Printed) Signature Assistant City Manager Title Date Purchase Order # THE PRICES STATED HEREIN ARE BASED ON THE TERMS OF ONLY THE SOURCEWELL CONTRACT AND ATTACHED SIEMENS STANDARD TERMS AND CONDITIONS WITH THE EXCEPTION OF FEDERAL TERMS REQUIRED WHEN FEDERAL FUNDING IS USED. BY PARTICIPATING IN THE SOURCEWELL PROGRAM, PARTICIPATING ENTITIES HAVE AGREED TO USE THE SOURCEWELL CONTRACT AND ITS TERMS AND CONDITIONS. Page 12 of 12 Cooperative Purchase Page 15 of 36 Exhibit B Siemens Sourcewell #030421-SIE ❑om$lgrn Envelope IDS B44E984A442E-400-A818.-7C18WFPDBD 030421-SIE Sourcewell Solicitation Number: RFP #030422 CONTRACT This Contract is between Sourcewell, 202 lath Street NDrtheast, P.O. Box 219, 5taples, MN 56479 (Sourcewell) and Siemens Industry, Inc., 1000 Deerfield Parkway, Buffalo Grove, I 60089-4547 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.211 that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Facility Security Systems, Equipment, and Software with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXH CATION DATE AND EXTENSION. This Contract expires April 22, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendors Equipment, Products, a Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/7020 Cooperative Purchase Page 16 of 36 DowSlgn Ernelape ID: B44E984A-442E4E70-Ag18-7C18BA5FFC8❑ 030421-SIE All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly Indicated in Vendor's product and pricing list. unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are rant guaranteed. B. WARRANTY. Vendor warrants that all Equipment and Products furnished are free from liens and encumbrances at the time of delivery, and are free from defects in materials and workmanship. Vendor warrants that it will perform the Services in a professional and workmanlike manner. The warranties do not apply to software furnished by Vendor. The sale and exclusive warranties for any software are set forth in the applicable Software License. If the Services or Product fail to meet the warranty standards set forth in Article 2.6 within the applicable warranty period defined herein, and Sou rcewell or the Participating Entity (as applicable) promptly reports such non-conformance to vendor during the above mentioned warranty period, Vendor shall at its own expense as Sourcewell or the Participating Entity's (as applicable) sole and exclusive remedies for breach of the warranties: (i) for Services, re -perform the relevant Servlces or, in Vendor's sole discretion, refund Sourcewell or the Participating Entity (as applicable) the pro rate portion of the fees paid to Vendor under this Agreement allocable to the nonconforming Services; and (5) for Product, at Vendor's discretion, repair or replace the Product, or its non -conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced Product Services or parts is limited to the remainder of the original warranty period. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended as set forth in the manufacturers product documentation. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity to the extent legally permissible. Unless Vendor agrees otherwise in writing, Sourcewell or the Participating Entity (as applicable) will be responsible for any costs associated with: (i) gaining access to the Product or Services; (H) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Vendorto perform its warranty obligations; (111) transportation to and from the Vendor factory or repair facility; and (iv) damage to equipment components or parts resulting in whole cr in part from non-compliance by the Sou rcewell or the Participating Entity (as applicable) with Article 2.8 or from their deteriorated condition. All exchanged Products replaced under this warranty will become the property of Vendor. Sourcewell a the Participating Entity (as applicable) must provide written notice of any claims for breach of the Warranties by: (i) for Services, within three (3) months from completion of the Services; and (ii) for Product, the earlier of twelve (12) months from initial operation of the Rev. 10/2020 Cooperative Purchase Page 17 of 36 DowSlgn Envetope ID: 544E984A-442E4E70-A818-7C18BA5FFDSD 036421-StE Product or eighteen (18) months from shipment. Additionally, absent written notice within the applicabie Warranty period, any use or possession of the Product or Services after expiration of the applicable Warranty period is conclusive evidence that the applicable Warranties have been satisfied. THE WARRANTIES IN THIS ARTICLE 2.B ARE VENDOR'S SOLE AND EXCLUSIVE WARRANTIES AS TO VENDOR PRODUCTS AND SERVICES. VENDOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or reselIers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. it is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. D. LICENSE INTELLECTUAL PROPERTY IN THE PRODUCTS. "Software" means software that is licensed by Vendor to Sou rcewell and/or Participating Entities under this Agreement, including any related Documentation. "Documentation" means the explanatory printed or electronic functional specification materials provided by Vendor for the Software, including but not limited to license specifications, instructions for the use of the Software and technical specifications. Subject to the default license in this Article 2.D and any agreement otherwise in the Order, For Software provided under an Order, Sourcewell and/or Participating Entities agrees to comply with any end -user license agreement ("EULA) accompanying such Software and attached to such Order. Vendor hereby grants to Sourcewell and/or Participating Entities a worldwide, irrevocable, nonexclusive, perpetual, paid -up and royalty free license for software embedded in any Products that is not subject to a separate license or EULA (including installed applications). The license rights and restrictions, warranty, and delivery terms of the separate license or EULA shall govern over any conflicting terms in this Agreement. The license allows Sourcewell and/or Participating Entities only to use such software as embedded in the applicabie Product and related Documentation. Vendor hereby assigns and passes through to Sourcewell and/or Participating Entities all of the third -party manufacturers' and licensors' warranties and indemnities for the Products. No other Intellectual Property rights are conveyed In such software unless otherwise agreed in writing by Vendor. Vendor shall retain all other Intellectual Property rights in all Products, Software and Services not expressly licensed herein. "Intellectual Property" or "IP" means a11 intellectual property rights throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (a) copyrights, trade secrets, trademarks and service marks, patents, inventions, designs, logos and trade dress, "moral rights," mask works, publicity rights, and privacy rights; and (b) any application or right to apply for the rights referred to in this Section 2.D, and all renewals, extensions and restoratlons. Rev.10/2020 Cooperative Purchase Page 18 of 36 DowSigrn Ernretope ID: 544E984A-442E4E70-AgI8-7C18BA5FFDSD 3. PRICING 030421-SiE All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their Intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within twenty-one days of Sourcewell or the Participating Entity (as applicable) receipt of the Equipment and/or Products. Participating Entities reserve the right to inspect the Equipment and Products within one week's time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourceweli may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or Inferlor Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products. & SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING, At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to 5ourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Rev.ta12020 Cooperative Purchase Page 19 of 36 DowSlgn Ernretope ID: B44E984A-442E4E70-A818-7C18BA5FFDSD 030421-SiE Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: ■ Identify the applicable Sourcewell contract number; • Clearly specify the requested change; ■ Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state province, municipal, K-12 and higher education, tribal government, and other public entities, The benefits of this Contract should be available to all Participating Entities that tan legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will he considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sale convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source, Vendor is responsible For familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities Rev.Ia12020 Cooperative Purchase Page 20 of 36 DowSlgn Ernretope ID: B44E984A-442E-4E70-A818-7C188A5FFDSD 030421-SiE to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, in accordance with all applicable laws, and in accordance with Participating Entity policies and procedures that are provided to Vendor reasonably in advance of arriving at the site, unless Is determines that it cannot abide the same In which case, it may decline the work without liability.. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services ender this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract, however, order flow and procedure will be developed jointly between sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must he issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor's acceptable forms of payment are included in Attachment A. Participating Entitles will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. 5ome Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, wi11 not he made a party to a claim for breach of such agreement. Rev. 10/2020 Cooperative Purchase Page 21 of 36 DowSigrn Envelope 1❑: 544E984A-442E-4E70-AgI8-7C18BA51FFDSD 030421-SiE D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor comm Its any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity rn@king the purchase and Vendor, by their mutual consent. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourceweli for this Contract and must provide prompt notice to Sou rcewell if that person is changed. The Account Representative will be responsible for: Maintenance and management of this Contract; Reasonablytime ly response to all SourcewelI and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicabie. 8. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourceweli per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract safes activity report (Report) to the SourcewelI Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the €ollowing fields: • Customer Name (e.g., City of Staples Highway Department); * Customer Physical Street Address; ■ Customer City; Customer State/Province; Rev, 10/2020 Cooperative Purchase Page 22 of 36 DowSlgn Ernretope ID: 544E984A-442E4E70-A818-7C18BA5FF0SD 030421-SiE ■ Customer Zip Code; ■ Customer Contact Name; ■ Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Part€cipating Entity Number; ■ Item Purchased Description; • item Purchased Price; • Sourcewell Administrative Fee Applied; and ■ Date Purchase was invoiced sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE_ In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Administrative Fee is a 2% fee to be paid by Vendor to Sourcewell, which is 2% of the actual sales price of the total projects) consummated under this Agreement between Vendor and Sourcewell and Vendor and the Participating Entities. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal, which is 2% of the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attu: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions underthis Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, where there is no good faith dispute of the amount of or requirement to pay such fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. in the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no mare than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Rev, 20/2020 Cooperative Purchase Page 23 of 36 DowSlgn Envatope IDS 544E964A-442E-4E70-ASI8-7C18BA5FFDSD 030421-SiE Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examin atlon by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 8. ASSIGNMENT. Neither the Vendor nor Sourcewell may assignor transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether wrltten or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities (as applicable), including their agents and employees, harmless from any third -party claims or causes of action, including attorneys' fees, alleging bodily injury, death or damage to a third-,party's tangible property, caused by Vendor's negligent acts or omissions. No part of Sourcewell and/or its Participating Entities' site or other property thereof is considered third -party property. Warranty remedies are the exclusive ones for claims of property damages resulting from alleged breaches of the required warranties hereunder. The indemnitee must provide the Vendor with prompt written notice of any third -party claims covered by this Article. Rev. 10/2020 Cooperative Purchase Page 24 of 36 DowSign Envatops ID: 544E984A-442E-4E70-A818-7C188A51FF0SD 030421-SiE Vendor is not liable for any type of indirect, special, liquidated, exemplary, collateral, incidental or consequential damages. These limitations of liability are effective even If vendor has been advised by buyer of the possibility of such damages. 12. GOVERNMENT DATA PRACTICES To the extent required by applicable law, Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to 5ourcewell under this Contract and as It applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. if the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify 5ourcewell and 5ourcewell will assist with how the Vendor should respond to the request. 13. INTELLECrf.IAL PROPERTY, PUBLICITY, MARI{EfING, AND ENDORSEMENT A. INTELLECTUAL. PROPERTY 1. Grant of License. During the term of this Contract: a. Saw rcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sou rcewell in advertising and promotional materials for the purpose of marketing Sou rcewelI's relationship with Vendor. b. Vendor grants to 5ourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sou rcewell. c. Such use of the Trademarks (and any sublicense granted under this Article 13) is subject to the prior approval of the grantor of such use rights and is revocable at will by the grantor. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees') in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees- 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or loges. Rev, 10/2020 to Cooperative Purchase Page 25 of 36 OowSigrn Envelope ID: 544E984A-442E4E70-A8I8-7C18BA5FFDSD 030421-SIE b. Vendor must not alter Sourcewell's Trademarks from the form provided by 5ourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted 5ublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminates!. 4. As applicable, Vendor agrees to indemnify and hold harmless 5ourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against 5ourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sou rcewelI or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. Vendor shall receive reasonable notice of any applicable claim and reasonable assistance by the indemnified party in defending such claims. Vendor shall have the exclusive authority to defend and resolve the claim without adverse interference. In the case of claims for infringement, Vendor shall have the opportunity to remedy the alleged infringement. Vendor shall not be liable for infringement to the extent it is not responsible for the same. The remedy for infringement claims set forth in this Section are the exclusive remedies for the same. S. Terrninotion. Upon the termination of this Contract for any reason, each party, including Permitted 5ublicensees, will have 34 days to remove all Trademarks from signage, websites, and the like hearing the other party's name or logo (excepting 5ourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by 5ourcewell, or dispose of it according to 5ourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individuaily or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by 5ourcewell. Materials should be sent to the Sou rcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not Claim that 5ourcewell endorses its Equipment, Products, or Services. Rev.10/2020 l3 Cooperative Purchase Page 26 of 36 DowSign Envatope ID: B44E984A-442E4E70-A818-7C18BA5FFDSD 030421-SiE 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract, without regard to its conflict of law principles. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 1.5, FORCE MAlEURE Neither party to this Contract will be held responsible far delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt: written notice of the default. 16. SEVERABILITY if any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewel€ and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be Fully performed. 1.7. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. if necessary, Sou rcewell and the Vendor will jointly develop a short briefing document that describes the issuegsj, relevant impact, and positions of loth parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sou rcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. 6. DEFAULT AND REMEDIES. Either of the f0lowing constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev, 10/2020 12 Cooperative Purchase Page 27 of 36 OowSigrn Errvelope ID: 544E984A-442E4E7QA818-7C18BA5FFDSD 030421-SiE Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or ■ Terminate the Contract including any orders issued against the Contract. A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: roust be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage an an occurrence basis, and roust be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CGO001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance_ During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less Rev. 10/2020 13 Cooperative Purchase Page 28 of 36 DowSlgn Ertvelape ID: B44E984A-442E4E70-A818-7C18BA5FFDSD 030421-SiE broad than ISQ Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,00D,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of #lability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage an their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is Rev, 10/2020 14 Cooperative Purchase Page 29 of 36 DowSlgn Ernretope Ion B44E984A-442E4E70-A818-7C188A51FFC8❑ 030421-SiE primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) aIt its insurers to waive subrogation rights against Sou rcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIASILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the taws in the states and provinces in which the Equipment, Products, or Services are sold. E. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sou rcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to 5ourcewell related to bankruptcy actions. if at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify 5ourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the 5tate of Minnesota; the United States federal government or the Canadian government, as applicable. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev, 10/2020 15 Cooperative Purchase Page 30 of 36 DowSigri Envalope ID: 544E984A-442E-4E7QAgI8-7C18BASF FDSD 030421-SiE 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal' should be interpreted to mean the united States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 6D- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 C.F.R. §, 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 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.'° The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3149). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3149) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 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 Fart of the compensation to which he or she is otherwise entitled. The non-federal entlty must report all suspected or reported violations to the federal awarding agency. Vendor mist be in compliance with all applicable Davis -Bacon Act provisions. Rev. 10/2020 16 Cooperative Purchase Page 31 of 36 OowSlgn Envelope IDS 544E984A-442E4E70-A818-7C18BA5FF0S0 030421-SIE C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S,C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5) Under 40 U.S.C. § 3702 of the Act, each contractor must be 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 al I hours worked In excess of 40 hours in the work week. The requirements of 40 U.S.C. § 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. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. ❑. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meats the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a smail business firm or nonprofFt organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C,F,R. § 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 certifies that during the term of an award for ail contracts by Sou rcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7571Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT 133 U.S.C. § 1751-13871. Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all appiicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended 133 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicabie requirements as referenced above- F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (5AM), in accordance with the OMB guidelines at 2 C.F.R. §18❑ that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Camp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev.20/2020 17 Cooperative Purchase Page 32 of 36 DowSlgn Emretope ID: 544E984A-442E4E70-A818-7C18BA5FFC8❑ 030421-SiE 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 neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have 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 U,S.C. § 1352. Venders must 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. Vendors must fife all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. i. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservations plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition- K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev, 10/2020 18 Cooperative Purchase Page 33 of 36 DomSign Envelope to: 844E994A-442E-4E7a-ABI&7CIB A5FFDB6 030421-51E and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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. 22. CANCELLATION 5ourcewell ar Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sou rcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. By: 5ourcewell tlncu5qned 6y: COFMA139405487 Jeremy Schwartz Title: Chief Procurement Officer 6/3/2021 1 6:41 AM CDT Date: Approved: 00-ft-,j by: By: 7Edj?65F 51 IA54GC:. Chad Coauette Title: Executive Director/CEO 6/3/2021 1 9:20 AM COT Date: Rev.10/2020 Siemens Industry, Inc. go�sr� ny: C9N62877B083{FA By: Dana Soukup Title: RS5 RAM President 6/3/2021 1 7:03 Am PDT Date: IDcc slgnea by: � 6F5 By. A4AFA88F8EF94CA Peter #Camps Title: R55 RAM Head of Finance 6/3/2021 1 8:16 AM CDT Date: 19 Cooperative Purchase Page 34 of 36 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This queslionnalre reflects changes made to the law by H.B. 23. 84th Leg., Regular Session. OFFICE USE ONLY This quesdonnaiie is being filed in accordance wide Chapter 176, Local Government Code, by a vendor who pate Received hw; a business relationship as defined by Section 176.001(1-a) with a local govarnmental entity and the vandw meats requlraments under Section 17e.ove{a). By law tl',«s que4fiarn7alre trust be filed Willi the records adminIstrahir of t11e local governmental entity not later than die 7th business day after the dale the vendor becomes aware of Facts that require the sraternant to be filed. Sea Section 170.006�a• 1), Local Government Coda. A vendoi commits an offense if the vender knowingly violates Section 176.006. Local Government Code A» offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Siemens Industry, Inc. s ❑ Check this box if you are filing an update to a previously filed questionnaire. {The late requires that you file an updated completed questfonmaire with the appropriate flung authority not later than the 7[h business day after the dale on which you became aware that the originally filed questionnaire was incomplete or inaccurate.} a Name of local government officer about whom the information is being disclosed. Jason Haddock Name of Officer AJ Describe each employment or other business relationship with the local government officer, or a family member of the officer. as described by Section 176.003(a){2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CID as necessary. A. Is the local goveinlnani officer or a family member of the officer receiving or likely to receive taxable incoine other #han investment income, from the vendor? Yes Fx_J No Q, Is the vendor receiving or likely to receive taxable income, other than investment income. from or at the direction of the local govern mant aft icer or a family member of the officer AND the tamable income is not received from the local governmental entlty? F7 Yes F7X No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A s Check this box if the vendor has given the local government otticer or afamIly Inember of the officer one or more gifts as described in Section 176.0M(a){2}(B), excluding gifts described in Section 176.403(a-1). T Electronically signed by: Jason lyal"Wecvg Haddock O 1/16/2023 -.,T Signature of valid or doing business die govemmental sntfty bat - Form provided by Texas Ethlcs Commission www athics.state.tx.us FIWGed 11/30/2015 Cooperative Purchase Page 35 of 36 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.leg is.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) thevendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015 Cooperative Purchase Page 36 of 36 M&C Review Page 1 of 2 ACITY COUNCIL AGEND Create New From This M&C DATE: 9/27/2022 REFERENCE **M&C 22- LOG NAME NO.: 0730 CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FQRTWORTII 141 _ 04DISASTER RECOVERY DATA CENTER SITE FIRE SUPPRESSION SYSTEM NO SUBJECT: (ALL) Authorize a Purchase Agreement with Siemens Industry, Inc. for a Fire Suppression System to Support the Information Technology Solutions Department Disaster Recovery Site in the Amount of $281,226.00 Using a Cooperative Agreement for a Period of Three Years; the Project is in the Approved Five Year IT Capital Plan Using American Rescue Plan Act Funding RECOMMENDATION: It is recommended that City Council authorize a purchase agreement with Siemens Industry, Inc. for a fire suppression system to support the Information Technology Solutions Department Disaster Recovery Site in the amount of $281,226.00 using cooperative agreement Sourcewell No. 030421-SIE for a period of three years. DISCUSSION: The City of Fort Worth Information Technology Solutions Department (ITS) maintains a central data center with a secondary site for disaster recovery should an unforeseen event render the central data center inoperative. The secondary site/disaster recovery data center is located at Eagle Mountain Water Treatment Plant. Staff recommends installing a gaseous fire suppression system to protect the equipment installed in this facility. The new system will be similar to the system installed at the City Hall data center using Novec 1230, a clean agent fire suppressant that leaves behind no residue and is not electrically conductive. The installation will include the tanks for the gas to be located within the protected space, the required piping, alarm panel and manual abort stations located at each exit door. The purchase agreement with Siemens includes three years of Central Station Monitoring and a three- year Service Agreement. The cost of the Siemens proposal is $266,226.00 and ITS is requesting authorization with this Mayor & Council Communication (M&C) for additional $15,000.00 in contingency for possible equipment price increases. If approved, the construction and implementation of the fire suppression system at the Eagle Mountain disaster recovery site is expected to take approximately four months to complete. The project is in the approved five year IT Capital Plan using American Rescue Plan Act funding. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies State laws requiring that the local government seek competitive bids for purchase of the item. Cooperative contracts have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. SUCCESSOR CONTRACTS: In the event the Sourcewell Purchasing Contract No. 030421-SIE is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a valid Sourcewell agreement. If the City Council were to not appropriate funds for a future year, staff would stop making purchases when the last appropriation expires, regardless of whether the then - current purchase agreement has expired. The City will initially use the Sourcewell contract to make purchases authorized by this M&C. The Cooperative Contract is set to expire on April 22, 2025. If Sourcewell 030421-SIE is extended, this http://apps.cfwnet.org/council_packet/mc review.asp?ID=30283&councildate=9/27/2022 10/4/2022 M&C Review Page 2 of 2 M&C authorizes the City to purchase similar equipment and supplies under the extended contract. If Sourcewell 030421-SIE is not extended but Sourcewell executes a new cooperative contract with Siemens Industry, Inc. and with substantially similar terms, this M&C authorizes the City to purchase the services under the new Sourcewell contract. If this occurs, in no event with the City continue to purchase services under the new agreement for more than three (3) years without seeking Council approval. Funding is budgeted in the Grants Cap Projects Federal Fund for the purpose of funding the ARPA for ITS Initiatives project as appropiated. BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERM: Upon City Council approval, the Agreement will become effective and expire April 22, 2025, in accordance with the Sourcewell contract. RENEWAL OPTIONS: The agreement may be renewed for one additional one-year term in accordance with the Sourcewell contract. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund for the ARPA for ITS Initiatives project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount ID I ID I I I Year I (Chartfield 2) FROM Fund Department Account PA�jectProgram Activity Budget Reference # Amount ID Year I (Chartfield 2) Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Valerie Washington (6192) Kevin Gunn (2015) Kevin Gunn (2015) Sallie Trotter (8442) ATTACHMENTS 04DISASTER RECOVERY DATA CENTER SITE FIRE SUPPRESSION SYSTEM funds availability.pdf (CFW Internal) 04DISASTER RECOVERY DATA CENTER SITE FIRE SUPPRESSION SYSTEM Updated FID Table.xlsx (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30283&councildate=9/27/2022 10/4/2022