The URL can be used to link to this page

Home My WebLink AboutContract 59441CSC No. 59441 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between BUYERS BARRICADES, 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; OFFICIAL RECORD 2. Exhibit A — Seller Quote, Scope of Service or Purchase Order CITY SECRETARY 3. Exhibit B — Cooperative Agency Contract (Buy Board 608-20); and FT. WORTH, Tx 4. Exhibit C — Conflict of Interest Questionnaire. Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of SEVENTY THOUSAND NINE HUNDRED DOLLARS ($70,900.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on May 31, 2023 with no renewals. 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 parry by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Wort, TX 76102-6314 Facsimile: (817)392-8654 With Copy to Fort Worth City Attorney's Office at same address To VENDOR: Buyers Barricades, Inc Attn: Alex Thlang Address: 7409 Baker Blvd. Richland Hills, TX 76118 Facsimile: (817)535-3939 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: 7>ar3�M1�ilG By: Dana BuBurghh doff (M 19, 2 :41 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: May 19, 2023 APPROVAL RECOMMENDED: By: Name: Steve Cooke Title: Property Management Director ATTEST: nqn Fpp.0 �F°o °'* °Vo p leg oAlO QaQan�X6 as By: Name:Janette Goodall Title: City Secretary VENDOR: Buyers Barricades, Inc By: Name: Alex Thlang Title: Sr. Project Coordinator. 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. Denise 6areid By: Denise Garcia (May 18, 2023 10:29 CDT) Name: Denise Garcia Title: Contract Compliance Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Jessika Williams/Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A OFFICIAL RECORD Date: May 17, 2023 CITY SECRETARY FT. WORTH, TX ATTACHMENT A SALES QUOTATION BUYERS Quote Date Quote ID DFW -- Remittance Address P.O. Box 95368 I AKT010323A 5/10/2023 Grapevine, TX 76099-9733 817-535-3939 Valid Through: 6/10/2023 Fax 817-831-7171 Fort Worth Police Department Job Location: Sgt. E.J. Bach Fort Worth Police Department Fort Worth Quote Created By: Alex Thlang Phone: 817-992-1271 Email: Edward.Bach@fortworthtexas.gov Item Description Price UOM Quantity Total Wanco Radar Trailer w Police Beacon (Model WSDT3-S) with Wanco $14,400.00 Per Each 5 $72,000.00 Premium Traffic Data Classifier Svste BuyBoard Discount 5% Line Item 2 & 4 ($720.00) Per Each 5 ($3,600.00) Radar Trailer Freight $500.00 Per Each 5 $2,500.00 Note: The " indicates taxable items. 0.00 SUBTOTAL $70,900.00 'Pricing includes trailer to be drop shipped to customer specified SALES TAX (0%) location** -Trailer: Welded Structural Steel Frame, Four 2,000 lb. Corner Stabilizer QUOTE TOTAL $70,900.00 Jacks, 1,200 lb. Axle Assembly, Double -Eye Leaf Springs, Round Polyethylene Fenders that are Bolted to the Trailer Frame, 13" Wheels/Tires -Drawbar: Removable, 2" Ball Hitch OR 2" Bulldog Hitch, Swivel Footpad Tongue Jack, Flat -four Light Plug Standard Color: Two Tone Paint (Blue & White or Black & White) -Tower: Hand Winch Telescoping of Regulatory Sign and Solar Panel, Rotate 90 Degrees for Travel Position -Display: Weather -Resistant Aluminum Cabinet, Anti -glare Frosted Polycarbonate Window, Matrix Display 26" LED Amber Characters, Rotary Knob Selector Switch, Approach -only K-band Speed Radar (FCC Approved), Extreme Speed Red and Blue Flashing Strobes or White Flashing Strobes (Inside the Display) -5 Year Wanco Manufactured Electronics Warranty (2 Year Radar Head Warranty) -Speed Limit Sign: R2-1 Regulatory Speed Limit Sign with Changeable Speed Limit Numbers, Standard Size 24" W X 30" H -Solar Panel: One 65W Solar Panel Top Mounted, Wanco Solar Charge Controller -Batteries: Wanco Standard Battery Box, Two 6V Flooded Batteries (200 Ah Total Capacity), 15 Amp Battery Charger Add'I Terms: Buy Board Contract #608-20 Initials Page 1 of 2 Quote For: Fort Worth Police Department - Quote ID: AKT010323A (cont.) Accepted By: 5/10/2023 Alex Thlang Date Signature Buyers Barricades Print Name Visit Our Website at www.buyersbarricades.com Title Company Date Page 2 of 2 ATTACHMENT rM u U.YA i 1 1 1 4op-t�! 40 May 2, 2022 P.O. Box 400, Austin, Texas 78767 800.695.2919 • info@buyboard.com • buyboard.com Sent via email to: alex(ftuversbarricades.com Alex Thlang Buyers Barricades, Inc. (Richland Hills) 7409 Baker Blvd. Richland Hills, TX 76118 Re: Highway Safety and Traffic Control Products BuyBoard Contract 608-20 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Highway Safety and Traffic Control Products, Contract 608-20, for which the current term is set to expire May 31, 2022. At this time, the BuyBoard is renewing your contract through May 31, 2023. This will be the final renewal of this contract. All discounts, terms, and conditions of your contract will remain the same. If you agree to this renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at lisa.maraden(a)tasb.ora. prior to the start of the renewal term. If you have questions or comments concerning this renewal, please contact me as soon as possible at lisa.maradene..tasb.ora.. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Lisa Maraden Contract Administrator final renewal v.02.13.2020 Endorsed by A TASAV VT CUSTOMER: Buy Board Proposal Name: Highway Safety and Traffic Control Products Proposal Number: 608-20 Proposal Opening Date and Time: DATE: 01/16/2023 Spec For "S" ROAD SIGNS, POSTS, AND HARDWARE Part p Manufacturer List Price % Discount Line Item 48" x 48" Reflective Roll Up Sign Blank (Orange & Black Only)(No Velcro) - Sheeted in House R48DI Plasticade $135.10 10 8 Fiberglass Replacement Rib Kits for Roll Up RK48 Plasticade $30.68 10 8 Temporary Plastic Construction Signs (orange & black) per sq ft. 3M MUTCD $7.22 10 8 Temporary Plastic Regulatory Signs (white & black) per sq ft. 3M MUTCD $7.22 10 8 Aluminum Signs (black, & various) per sq ft. 3M MUTCD $10.56 10 8 Big Buster Flex Stand w/(2) Rigid Sign Mounting Brackets 60060-RSB-BP Traffix Devices, Inc $246.44 10 8 Big Buster Flex Stand w/ Roll -Up Sign Mounting Bracket 60060-BRU-BP Traffix Devices, Inc $234.92 10 8 Rigid Bracketfor Big Buster 60019 Traffix Devices, Inc $31.17 10 8 Roll -up Bracket for Big Buster 60035 Traffix Devices, Inc $31.23 10 8 Little Buster Sign Stand w/(2) Rigid Sign Mounting Brackets 24018-RSB-BP Traffix Devices, Inc $183.18 10 8 Little Buster Sign Stand w/ Roll -Up Sign Mounting Bracket 24018-BRU-BP Traffix Devices, Inc $183.16 10 8 Rigid Bracket for Little Buster 24321 Traffix Devices, Inc $26.90 10 8 Roll -Up Bracket for Little Buster 24000-BRU Traffix Devices, Inc $26.99 10 8 Phoenix Base w/Steel Plate Insert (Rubber Base) 90018-NM Traffix Devices, Inc $86.27 30 8 Step & Drop Sign Stand 22000-USH Traffix Devices, Inc $134.45 10 8 Tri-Buster Sign Stand 93012-BP Traffix Devices, Inc $105.68 10 8 Zephyr Sign Stand 26000-BP Traffix Devices, Inc $113.17 10 8 Spec For "5" DELINEATION PRODUCTS AND OBJECT MARKERS Part N Manufacturer List Price % Discount Line Item 12" Traffic Cone (11/21b Base, No Collar) RS30008C 1BC Safety Products $11.29 10 3 & 7 18" Traffic Cone (31b Base, 6" Collar, 3M HI Grade Sheetin@ RS45015C3M6 1BC Safety Products $17.86 10 3 & 7 28" Traffic Cone (71b Base, WIDE w/ 4" & 6" Collars, 3M HI Grade Sheeting(TxDot RS70032CT3M64 1BC Safety Products $20.40 10 4 & 7 28" Traffic Cone (71b Base, SLIM w/ 4" & 6" Collars, 3M HI Grade Sheeting(TxDot RS70032SR3M64 1BC Safety Products $22.96 10 5 & 7 28" Traffic Cone (30Ib Base, WIDE w/ 4" & 6" Collars, 3M HI Grade Sheeting(TxDot RS70045CT3M64 1BC Safety Products $24.18 10 6 & 7 28" Traffic Cone (30Ib Base, SLIM w/ 4" & 6" Collars, 3M HI Grade Sheeting(TxDot RS70045SR3M64 1BC Safety Products $26.40 10 3 & 7 36" Traffic Cone (30Ib Base, Wide w/ 4" & 6" Collars, 3M HI Grade Sheeting(TxDot RS90045CT3M64 1BC Safety Products $28.74 10 3 & 7 Navigator Looper Cone w/ (4) 4" HIP Bands OWOW 650RI-0-4-HIP-A Plasticade $27.29 10 3 & 7 301b Navigator/ Looper Cone Base 650-RB-30 Plasticade $21.69 10 3 & 7 $0.00 Barrel- Commander Drum 456-LD-T-40 Plasticade $43.51 10 3 & 7 Tire Ring Base for Drum, 221/21b TR 22.5 VIVA Recycle $6.30 10 3 & 7 $0.00 Vertical Panel -Orange, HIP 2-sides 8" x 36" 4100-0-36-HI-P Plasticade $30.21 10 3 & 7 Vertical Panel -White, w/ 2-Way Arrows 8" x 36" 4100-W Plasticade $19.41 10 3 & 7 301b Vertical Panel Base 400-B-30R Plasticade $21.69 10 3 & 7 Type I A -Frame, 2-Board, White 42" H x 96" 1 97-01-004 Cortina Safety Products $95.14 10 3 & 7 Type II Combocade, 8" EG Top Board (Metal) 42.3" H x 24" 'A 105G-T8EGB8 Plasticade $46.55 10 3 & 7 Type II Econocade, 8" EG Top Board (Plastic) 42.3" H x 24" N 130W-T8EG Plasticade $46.55 10 3 & 7 Type III Panel HIP O/W 2-Way L/R 5' H x 8' W 308-HIP-7-DRILL Plasticade $239.80 10 3 & 7 Spec For "5" EQUIPMENT Part If Manufacturer List Price % Discount Line Item Full Size Three -Line VMS (Hydraulic Lift) WTLMB(A) Wanco $20,200.00 5% 2 & 4 Full Size Three -Line VMS (Manual Winch) WTLMB(B) Wanco $19,700.00 5% 2 & 4 Full Size Full Matrix VMS (Hydraulic Lift) Basic Model WTMMB(A) Wanco $19,100.00 5% 2 & 4 Full Size Full Matrix VMS (Manual Winch) Basic Model WTMMB(B) Wanco $18,600.00 5% 2 & 4 Full Size Full Matrix VMS (Hydraulic Lift) `Buyers Fleet WTMMB(A) Wanco $20,700.00 5% 2 & 4 *Buyers Fleet Includes:Security Battery Box, 170w Solar Upgrade, 2" Bulldog Hitch, 4G GPS Modem with Data Plar Mini Three -Line VMS (Hydraulic Lift) WVT3(A) Wanco $18,900.00 5% 2 & 4 Mini Three -Line VMS (Manual Winch) WVT3(B) Wanco $18,400.00 5% 2 & 4 Mini Metro Three -Line VMS- PD(Manual Winch) WVT3B-PD Wanco $20,200.00 5% 2&4 Mini Matrix VMS (Hydraulic Lift) WVTM(A) Wanco $19,400.00 5% 2 & 4 Mini Matrix VMS (Manual Winch) WVTM(B) Wanco $19,100.00 5% 2 & 4 Full Matrix S Color VMS WVTM-SC Wanco $37,400.00 5% 2&4 Metro Compact VMS Medium Sign WVTMM-M Wanco $15,500.00 5% 2 & 4 Metro Compact VMS Large Sign WVTMM-L Wanco $16,800.00 5% 2 & 4 Vehicle Mount VMS Small Sign WVMBM-2LP Wanco $10,400.00 5% 2&4 Vehicle Mount VMS Large Sign WVMBM-3LP Wanco $11,200.00 5% 2 & 4 Portable Arrow Board 15-Light (7 Arrow Patterns) Basic Model WTSP55-LSA Wanco $5,600.00 5% 2 & 4 Portable Arrow Board 25-Light (12 Arrow Patterns) Basic Model WTSP55-LSAC Wanco $5,800.00 5% 2 & 4 5% Vehicle Mount Skids Arrow Board 15-Light WSSP55-LSA Wanco $5,100.00 5% 2 & 4 Vehicle Mount Skids Arrow Board 25-Light WSSP55-LSAC Wanco $5,100.00 5% 2 & 4 Radar Speed Trailer Sign Basic Model WSDT3-S3S Wanco $9,500.00 5% 2 & 4 Standard Diesel Light Tower w/ Mitsubishi MVS4L2-W462DG and 6 kW WLT-4MM6K Wanco $16,500.00 5% 2 & 4 Compact Vertical Mast Diesel Light Tower w/ Mitsubishi MVS4L2-W462DG and 6 ktA WLTT-4MM6K Wanco $16,800.00 5% 2 & 4 Small compact trailer and 730-watt solar array (Two-365W flat; WLTS-SM4A-730 Wanco $15,300.00 5% 2 & 4 Medium trailer with 750-watt solar array WLTS-MM4A-750 Wanco $22,900.00 5% 2&4 Medium trailer with 1500-watt solar array and 8 batteries WLTS-MMSA-150C Wanco $31,500.00 5% 2 & 4 Medium trailer Hybrid diesel and 1500-watt solar array WLTS-MM4A-1500H Wanco $44,800.00 5% 2 & 4 Spec For "S" PAVEMENT MARKING SUPPLIES Part p Manufacturer List Price % Discount Line Item Barrier Wall Reflectors (1 Way White)(D/G) TI-1W Trafco $1.82 30 5 Barrier Wall Reflectors (1 Way Yellow)(D/G) TI-1Y Trafco $1.82 10 5 Barrier Wall Reflectors (2 Way White)(D/G) TI-2W Trafco $1.92 10 5 Barrier Wall Reflectors (2 Way Yellow)(D/G) TI-2Y Trafco $1.92 10 5 Low Profile Barrier Wall Reflectors (1 Way White)(D/G) TI-1W Trafco $1.47 10 Low Profile Barrier Wall Reflectors (1 Way Yellow)(D/G) TI-2W Trafco $1.56 10 Low Profile Barrier Wall Reflectors (2 Way White)(D/G) TI16-2W Trafco $4.62 10 Low Profile Barrier Wall Reflectors (2 Way Yellow)(D/G) T116-2Y Trafco $4.62 10 Temporary Overlay Markers- White Tab TSI-4W Traffic Supply $1.00 10 Temporary Overlay Markers -Yellow Tab TSI-4Y2 Traffic Supply $0.98 10 Barrier Wall Adhesive (Davidson 795A) (10oz) 80ADH79SA1 Pexco $28.02 10 Delta Line Tape #2030Y043020, Yellow Removable Tape (310' Roll; 2030Y04300 Briteline $381.64 10 Delta Line Tape #2030W043020, White Removable Tape (310' Roll; 2030W04300 Briteline $381.64 10 Delta Line Tape #BTR2040B06330, Black Removable Tape (330' Roll; 2040B06330 Briteline $538.39 10 Spec For "5" MISC. Part N Manufacturer List Price % Discount Line Item Stop/Slow Paddles 24" w/ Bag NR243A Dicke Safety Products $70.27 10 1 Stop/Slow Paddle Economy C38NR Dicke Safety Products $33.80 10 1 Stop/Slow Paddles Reflective SB243A Dicke Safety Products $105.17 10 1 Orange, 24" Warning Flags 1036-24 Dicke Safety Products $7.23 10 1 Red, 24" Warning Flags 2036-24 Dicke Safety Products $7.44 10 1 Flag Brackets 22003-FH Traffix $15.01 10 1 Yellow Flashing Lights - Amber Lens Light BC3.AC.M4.YA Dicke Safety Products $22.93 10 1 Danger Tape- 1000ft. Roll - English/Spanish B3102R21 Trinity Tape & Marking $11.88 10 1 Caution Tape- 1000ft. Roll - English/Spanish Caution Tape Trinity Tape & Marking $11.88 10 1 Orange Safety Fence (4' x 100' Roll) Safety Fence Texas Erosion Supply $40.12 10 1 6' x 12' Chain Link Fence Panels w/ Stand SPS 12x6 Master Halco $205.30 10 1 Pedestrian Barricades (Bike Racks) Light Duty 7.5' with feet BB406 Tamis $149.07 10 1 Sandbags Heavy Duty (Full of Pea Gravel or Sand) Sand Bag Ovasco $16.69 10 1 Sandbags Heavy Duty (Empty) 10400021426 Ovasco $5.30 10 1 Thank You For The Opportunity, Claudia Serna - Procurement/Purchasing PJJBeard Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com NOTICE OF PROPOSAL INVITATION AND INSTRUCTIONS TO PROPOSERS The Local Government Purchasing Cooperative (Cooperative), 12007 Research Blvd., Austin, Texas 78759 is a statewide purchasing cooperative for school districts, junior colleges, cities, counties, and other political subdivisions. The Texas Association of School Boards, Inc. (TASB), a Texas nonprofit corporation, 12007 Research Blvd., Austin, Texas 78759, assisted in the formation of the Cooperative, and TASB along with the Texas Municipal League (TML), a Texas unincorporated nonprofit association, 1821 Rutherford Lane, Austin, Texas 78754 and the Texas Association of Counties JAC), a Texas nonprofit association, 1204 San Antonio, Austin, Texas 78701 all endorse the Cooperative. The Cooperative's contracts for commodities and services will be available to the members of TASB, TML, and TAC, and other local governmental entities that are members of the Cooperative eligible to purchase through a government purchasing cooperative or interlocal contract. TASB, the Cooperative's administrator, provides the electronic commerce technology to the Cooperative to enable members' purchasing to be accomplished electronically. Unless a different time period is stated in the General Information document for this Proposal Invitation, questions, requests for information or clarification, or comments regarding this Proposal Invitation, including the specifications, must be submitted in writing, addressed as indicated below, and received by the Cooperative no later than the 10t' business day before the Proposal Due Date. The Cooperative will respond only to written questions. The Local Government Purchasing Cooperative Attn: Director of Cooperative Procurement 12007 Research Blvd. Austin, TX 78759 Phone: 512-467-0222 Fax: 800-211-5454 E-Mail: bids@buyboard.com Sealed proposals are being solicited for the products, supplies, services and/or equipment as set forth in this Proposal Invitation and are solicited on behalf of all present and future members of the Cooperative. There may be over 1,000 Texas public school districts and junior colleges, over 900 municipalities, 400 counties, and numerous other political subdivisions (i.e. river authorities, special districts, public housing authorities, etc.) participating in the Cooperative at any given time. Awarded products may also be available to the administrator's nonprofit entity BuyBoard subscribers and, in the event of a piggyback award, members of the National Purchasing Cooperative as further explained in the Proposal Invitation. PROPOSAL SUBMISSION INSTRUCTIONS Completed sealed proposals for Proposal No. 608-20 for Highway Safety and Traffic Control Products must be received on or before 4:00 PM November 7, 2019„ either by submitting the Proposal electronically through the Cooperative's designated website or by hard copy submission as set out below. Late proposals will not be accepted. Electronic Proposal Submission: The Cooperative is now accepting electronic proposal submission and is requesting that Vendors submit proposals electronically via the following website: buvboard.com/vendor There is no cost to the Vendor to register or use the electronic proposal submission option. Page 1 of 63 COMM/SVCS/CONST.V.01.12.2018 PJJBeard Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com PROPOSAL INVITATION NO. 608-20 TABLE OF CONTENTS PROPOSAL NOTICE Paqe Notice of Proposal Invitation and Instructions to Proposers 1 GENERAL INFORMATION General Information 5 REOUIRED PROPOSAL FORMS Proposer's Agreement and Signature 8 Vendor Contact Information 10 Felony Conviction Disclosure and Debarment Certification 12 Resident/Nonresident and Vendor Employment Certification 13 No Israel Boycott Certification 14 No Excluded Nation or Foreign Terrorist Organization Certification 14 Historically Underutilized Business Certification 15 Construction -Related Goods and Services Affirmation 16 Deviation and Compliance 17 Location/Authorized Seller Listings 18 Manufacturer Dealer Designation 19 Texas Regional Service Designation 20 State Service Designation 22 National Purchasing Cooperative Vendor Award Agreement 24 Federal/State Purchasing Cooperative Experience 26 Governmental References 28 Marketing Strategy 29 Confidential/Proprietary Information 30 Vendor Business Name 32 EDGAR Vendor Certification 33 Proposal Invitation Questionnaire 37 Required Forms Checklist 39 Proposal Specification Form 40 GENERAL TERMS AND CONDITIONS General Terms and Conditions 43 Page 2 of 63 COMM/SVCS/CONST.V.01.12.2018 PJJBeard Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com In order to submit proposals electronically, you must have a working registered vendor username and password to login. If you do not have a registered vendor user name and password, you may obtain one by registering at buvboard.com/vendor. Note to existing BuyBoard vendors: The registered vendor login used for electronic proposal submission is NOT the same as your existing login used to check purchase orders or similar vendor information under awarded contracts. Vendors are highly encouraged to ensure you have a working vendor login well in advance of the submission deadline. Vendor is responsible for ensuring it has the technical capability to submit its proposal via electronic submission. Browser requirements can be found at httos://buvboard.ionwave.net/BrowserCoMDatibilitv.html. VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR'S PROPOSAL. Neither the Cooperative nor its administrator shall be responsible for equipment or software failure, internet or website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non -delivery of a Proposal or inaccessibility of the submitted data. Accordingly, Vendors are highly encouraged to prepare and allow for sufficient time to familiarize itself with the electronic submission requirements and to address any technical or data issues prior to the Proposal due date. How to submit Proposal electronically • Login using your registered vendor login at buvboard.com/vendor under the "Register/Login/Submit Proposal" link. • The page will open to the list of "Available Bids." • Click on the applicable Proposal Invitation number under the "My Invitations" or "Other Bid Opportunities" section to view this Proposal Invitation request. • Review and follow all instructions on the webpage. • To upload a Proposal, select the "Response Attachments" tab to upload a signed, complete copy of your Proposal in searchable PDF format, including all required proposal documents (forms, completed specifications, and any other documents required by the Proposal Invitation) and electronic catalogs/pricelists. • Select the "Response Submission" tab to submit the proposal. ■ If an error or multiple errors occur, the system will display the location of the error(s). ■ Go to the problem area and correct the errors. You must go to the specific tab(s) that contain(s) the error(s) to review the error detail and correct the error(s). Your submission will not be accepted until all errors are corrected. ■ Once all errors are corrected, proceed to the "Response Submission" tab to submit the response. • Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these Proposal Instructions or it will not be considered. How to submit hard copy Proposal — Paper copies will NOT be accepted While the Cooperative requests electronic submission of Proposals through the designated website, any vendor without the technical capability or wishing to submit a hard copy proposal, rather than utilizing electronic submission, may do so in accordance with the following instructions: • Submit the signed, completed Proposal in a sealed envelope or carton properly marked with the Proposal Invitation number and Proposal submittal date and time and containing all required proposal documents (including forms, completed specifications, and any other documents required by the Proposal Invitation). The Proposal must be submitted in electronic, searchable PDF format on a USB flash drive, CD or DVD. Parer copies will NOT be accepted. • Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these Proposal Instructions or it will not be considered. • The hard copy electronic proposals must be delivered via hand delivery or U.S. Mail to the address below so as to be received on or before the Proposal submission deadline: The Local Government Purchasing Cooperative 12007 Research Blvd. Austin, TX 78759 Page 3 of 63 COMM/SVCS/CONST.V.01.12.2018 PJJBeard Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR'S PROPOSAL. Neither the Cooperative nor its administrator shall be responsible for proposals delivered late by the United States Postal Service or any other delivery or courier service. Further, neither the Cooperative nor its administrator shall be responsible for proposals delivered in a corrupt or unreadable electronic format. Faxed and/or emailed Proposals will NO The accepted. REOUIREMENTS FOR VENDOR CATALOGS/PRICELISTS Electronic catalogs/pricelists must be submitted in the required format with the Proposal (whether submitted electronically through the designated website or in hard copy format via mail or hand delivery) or the Proposal will not be considered. The following is required of all Vendor catalog (s)/pricel ist(s) submitted to the Cooperative: Vendors are required to submit catalog (s)/pricel ist(s) in searchable PDF electronic format ONLY. No other format will be accepted. Further, no paper catalogs or manufacturer/vendor websites will be accepted. Below is a sample chart, with examples of data for each field, showing the data fields that Vendors MUST include in each submitted pricelist/catalog: BuyBoard Specification Category Part/Item Number Item Description List Price 1 1234 Desk $50.00 2 1235 Chair $20.00 The catalogs/pricelists must include all listed data fields (BuyBoard specification category, part/item number, item description, and list price) or the Proposal will not be considered. Catalogs and pricelists should contain only items that relate to the items requested in the specifications. Vendors are discouraged from including irrelevant or non -responsive information with their Proposal. The Cooperative reserves the right to deem a Proposal non -responsive if the Proposal, including catalogs or pricelists submitted with the Proposal, do not specifically relate to the intent of the Proposal Invitation or contain what the Cooperative deems, in its sole discretion, excessive irrelevant or non -responsive information, including information which makes it burdensome or impractical for the Cooperative to identify responsive products and pricing. INSTRUCTIONS FOR VENDORS PROPOSING MULTIPLE MANUFACTURER PRODUCT LINES: Vendors proposing various manufacturer product lines per line item on the Proposal Specification form must submit the information as follows or Vendor's proposal may not be considered: ■ Manufacturers shall be listed in alphabetical order ■ Vendor's must list one specific percentage discount for each Manufacturer listed If a vendor's response to the Proposal Specification form states "please see attachment," all manufacturers listed on the attachment sheet must indicate per manufacturer the line item that correlates to the Proposal Specifications form or Vendor's proposal may not be considered. WITHDRAWAL OR MODIFICATION OF PROPOSALS Proposals may be withdrawn or modified prior to the Proposal Due Date and time, but only in accordance with section B.11 (Withdrawal or Modification of Proposal) of the General Terms and Conditions in this Proposal Invitation. Page 4 of 63 COMM/SVCS/CONST.V.01.12.2018 Pa i F ard® Cooperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 , buvboard.com GENERAL INFORMATION Proposal Invitation No. 608-20 — Hiahwav Safetv and Traffic Control Products *Please make sure that you have either downloaded and/or printed al/ sections of this Proposal Invitation. 1. Notice of Proposal Invitation and Instructions to Proposers 2. General Information 3. Proposal Invitation Forms and Specifications 4. General Terms and Conditions PROPOSAL SUBMISSION INSTRUCTIONS Proposal responses (including completed and signed Proposal Invitation forms, completed Proposal specifications, and pricelists/catalogs) must be submitted in electronic format in the manner prescribed in the Instructions to Proposers. INTENT AND PURPOSE OF THE CONTRACT The intent of this Proposal Invitation is to establish a contract for the purchase of various types of Hiahwav Safetv and Traffic Control Products that may be purchased by Cooperative members. Because individual members require different equipment, supplies, and/or services this Proposal Invitation is a request for a discount off of catalog or price list for supplies, materials and equipment, and a not -to -exceed hourly labor rate for installation, repair and other services as set forth in the Proposal Specifications. Purchases can be made by a Cooperative member at any time during the contract term. TERM OF CONTRACT The term of this contract will be from June 1, 2020 through May 31, 2021, with two (2) possible one (1) year renewals. An awarded Vendor has no right to or vested interest in contract renewal. The Cooperative will evaluate the contract award prior to the expiration of the then -current term on the basis of factors that may include the annual amount of business, performance and continued provision of best value to Cooperative members. For purposes of this Proposal Invitation, a Vendor must generate a minimum of $15,000 through the contract during an annual contract term or may not be offered a renewal. A Vendor's failure to generate this minimum amount may also be considered by the Cooperative as part of vendor's past performance evaluation on future proposal invitations. A renewal must be mutually agreed upon by both parties. VALUE OF CONTRACT The estimated value of this contract is $9,541,308; however, this estimate is based on prior contracts for similar types of products and services and should not be construed to be a guaranty of either minimum or maximum since usage is dependent upon Cooperative members' actual needs and available funding. An awarded Vendor must supply products and services at or below the awarded pricing for the duration of the contract and honor all Purchase Orders prepared by each individual Cooperative member. SERVICE FEE An awarded Vendor under this Proposal Invitation must pay the Cooperative a service fee in the amount of 2% per Purchase Order generated from any contract awarded under this Proposal Invitation, and the service fee is to be included COM M/SVCS.V. 01.12.2018 Page 5 of 63 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com in the awarded pricing. Vendor agrees to pay this service fee and remit the fee to the Cooperative in Austin, Texas, promptly upon payment by the Cooperative member for any Purchase Order(s) and within 30 days of the date of each service fee invoice. Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated from Vendor's contract(s) that Vendor receives directly from Cooperative members, or such other documentation regarding those purchase orders as the Cooperative's administrator may require in its reasonable discretion. Vendor further agrees that the Cooperative shall have the right, upon reasonable written notice, to review its records pertaining to purchases under any awarded contract to verify purchase history and the accuracy of service fees payable by Vendor. CONFIDENTIAL INFORMATION Any information submitted by Proposer that Proposer considers to be confidential must be clearly identified as such on the Confidential/Proprietary Information Form. AWARD AND EVALUATION This contract will be awarded based on the evaluation and award criteria set out in Section C.2 of the General Terms and Conditions to provide best value to Cooperative members. This Proposal Invitation requires Proposers to provide certain information that the Cooperative does not evaluate and is not included in the award criteria set out in Section C.2. The Cooperative requests the information, however, because it may be relevant to federal, state or local procurement law or other legal requirements that apply to various Cooperative members. The information, which will be made available to Cooperative members with respect to awarded Vendors, includes the following: a) Proposer's status as a minority/woman-owned business enterprise, historically underutilized business, or service -disabled veteran; b) Whether Proposer or its ultimate parent or majority owner has its principal place of business in Texas or employs at least 500 persons in Texas; and c) Whether Proposer is a Texas resident or a non-resident business. TYPE OF CONTRACT This is a "sealed proposal" based on discount off catalog or price list and may contain a not -to -exceed hourly labor rate. Except as provided in section EA of the General Terms and Conditions or otherwise in this Proposal Invitation, Vendor shall hold its awarded pricing firm during the contract term. In the event of price decreases, such price decreases shall be allowed for all products. Catalogs/pricelists, where required by the Proposal specifications, must be submitted with the Proposal or your proposal will be deemed nonresponsive. COMPLIANCE WITH APPLICABLE LAWS By signing this Proposal, the Proposer certifies that Proposer has provided its valid, proper and correct business entity name and information in its Proposal, that such entity is operating in good standing with the proper authority from whatever state or local jurisdiction is required, and Proposer has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals, and/or licenses necessary for lawful performance of its obligations under this contract. Proposer further certifies that, if awarded, Proposer will comply with all applicable state, federal, and local laws, rules, and regulations in regards to awarded products and/or services. Individual Cooperative members may in certain circumstances request background checks on an awarded Vendor's employees who will have direct contact with students, or for other reasons, and may require Vendor to pay the cost of obtaining criminal history information. COM M/SVCS.V. 01.12.2018 Page 6 of 63 Pa / F ard® Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com BUYBOARD ADVISORY REGARDING CONSTRUCTION -RELATED GOODS AND SERVICES The Cooperative issued the BuyBoard Procurement and Construction -Related Goods and Services Advisory for Texas Members, which provides information specifically relevant to the procurement of construction -related goods and services by Texas Cooperative members. The advisory is available at https://www.buyboard.com/Vendor/Resources.aspx. Because many BuyBoard contracts include goods or installation services that might be considered construction -related, Proposer must sign and submit the Construction Related -Goods and Services Affirmation form in the Proposal Invitation forms regardless of type of goods or services associated with this Proposal Invitation. PROFESSIONAL ENGINEERING AND OTHER PROFESSIONAL SERVICES EXCLUDED The scope of services in this Proposal Invitation and any resulting contract award do not include services that are required to be procured under the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), including without limitation architecture and professional engineering services. DELIVERY RESPONSE Unless otherwise noted in the Proposal (as a deviation) or the Purchase Order, routine delivery response to a Cooperative member shall be within ten (10) business days after receipt of a Purchase Order, and delivery shall be made during the ordering Cooperative member's normal business hours. Any Cooperative member may request emergency delivery. Awarded Vendors shall use their best efforts to comply with rush or emergency requests. However, if the Vendor cannot fulfill the emergency delivery requirements, the Cooperative member may procure the products or services from alternative sources without penalty. ADDITIONAL REOUIREMENTS FOR PURCHASES USING FEDERAL GRANT FUNDS (2 C.F.R. 200 Uniform Guidance / EDGAR): 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 C.F.R. 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'). All Vendors submitting proposals must complete the EDGAR Vendor Certification Form contained in the Proposal Invitation forms regarding their willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This information will not be used for evaluation purposes but will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. COM M/SVCS.V. 01.12.2018 Page 7 of 63 Beard Cooperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Highway Safety and Traffic Control Products Proposal Number: 608-20 Contract Time Period: June 1, 2020 through May 31, 2021 with two (2) possible one-year renewals. Name of Proposing Company Street Address City, State, Zip Date Proposal Due Date/ODenina Date and Time: November 7, 2019 at 4:00 PM Location of Proposal ODeninq: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meetina Date: April 2020 Signature of Authorized Company Official 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 8 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com The proposing company ("you" or "your") hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item specifications, and line items (collectively "Requirements'); 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy -back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 9 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com VENDOR CONTACT INFORMATION Name of Company: Vendor Proposal/Contract Contact Name: Vendor Proposal/Contract Contact E-mail Address: Vendor Contact Mailing Address for Proposal/Contract Notices: Company Website: Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: ❑ I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: Purchase Order Contact: Phone: Alternate Purchase Order E-mail Address: Alternate Purchase Order Contact: Phone: ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Reauest for Ouotes ("RFO" I: Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: RFQ Contact: Phone: Alternate RFQ E-mail Address: Alternate RFQ Contact: Phone: Page 10 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 - buvboard.com Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one lil of the following options for receipt of invoices and provide the requested information: ❑ Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: City: Contact Name: Invoice Fax: State: Invoice E-mail Address: Alternative Invoice E-mail Address: Phone: Department: Zip Code: ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: ** If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor. Page 11 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check W) 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): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government -wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Page 12 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com RESIDENT/ NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check (,/) one of the followina: ❑ 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 City Address 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 % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check (,/) one of the followina: ❑ Yes ❑ No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Page 13 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, as amended effective May 7, 2019 (H.B. 793), a Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEX. Gov'T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'T CODE §808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Note: If Vendor does not wish to make this certification, return the blank form in lieu of a completed certification. NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Signature of Authorized Company Official Company Name Printed Name Page 14 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check W) all that aaDly: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ women Owned Business ❑ Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: ❑ My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Printed Name Signature of Authorized Company Official Page 15 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com CONSTRUCTION -RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buvboard.com/Vendor/Resources.asDx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction -related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction -related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase order for construction -related goods or services, whichever comes first. Company Name Signature of Authorized Company Official Printed Name Date Page 16 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check l-/1 one of the followina: ❑ NO; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑ Common Carrier ❑ Company Truck ❑ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ❑ Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: ARO 4. Vendor Reference/Quote Number: 5. State your return policy: 6. Are electronic payments acceptable? ❑Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑ No Company Name Signature of Authorized Company Official Printed Name Page 17 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Company Name Address City State Zip Phone Number Fax Number Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 18 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 - buvboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers') to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. Designated Dealer Name Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 19 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJiBeard Capperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either 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. Regional Education Service Centers 1:1-1. Company Name Signature of Authorized Company Official Printed Name ❑ I will service Texas Cooperative members statewide. ❑ I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: Region Headauarters ❑ 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 ElPaso ❑ 20 San Antonio ❑ I will not service members of the Texas Cooperative. Page 20 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 21 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states, you are certifying that you are authorized and 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. Please check W) all that aDDly: ❑ I will service all states in the United States. ❑ I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Arizona ❑ Arkansas ❑ California (Public Contract Code 20118 & 20652) ❑ Colorado ❑ Connecticut ❑ Delaware ❑ District of Columbia ❑ Florida ❑ Georgia ❑ Hawaii ❑ Idaho ❑ Illinois ❑ Indiana ❑ Iowa ❑ Kansas ❑ Kentucky ❑ Louisiana ❑ Maine ❑ Maryland ❑ Massachusetts ❑ Michigan ❑ Minnesota ❑ Mississippi ❑ Missouri ❑ Montana ❑ Nebraska ❑ Nevada ❑ New Hampshire ❑ New Jersey ❑ New Mexico ❑ New York ❑ North Carolina ❑ North Dakota ❑ Ohio ❑ Oklahoma ❑ Oregon ❑ Pennsylvania ❑ Rhode Island ❑ South Carolina ❑ South Dakota ❑ Tennessee ❑ Texas ❑ Utah ❑ Vermont ❑ Virginia ❑ Washington ❑ West Virginia ❑ Wisconsin ❑ Wyoming Page 22 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Company Name Signature of Authorized Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 23 of 63 Proposal Forms COMM/SVCS v.05.31.2019 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy -backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy -back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award', the National Purchasing Cooperative ("National Cooperative") may - but is not required to - "piggy -back" on or re -award all or a portion of that Underlying Award ("Piggy -Back Award'). By signing this National Cooperative Vendor Award Agreement ("Agreement"), Vendor accepts and agrees to be bound by any such Piggy -Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy -Back Award, the National Cooperative Administrator ("BuyBoard Administrator') will notify Vendor in writing of such Piggy -Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy -Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy -Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.05.31.2019 Page 24 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy -Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy - Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy -Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Name of Vendor Proposal Invitation Number Signature of Authorized Company Official Printed Name of Authorized Company Official Date Proposal Forms COMM/SVCS v.05.31.2019 Page 25 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com FEDERAL AND STATE/ PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 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). 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. 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. 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: Proposal Forms COMM/SVCS v.05.31.2019 Page 26 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.05.31.2019 Page 27 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entitv 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 prices) than indicated? YES ❑ NO ❑ If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.05.31.2019 Page 28 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (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 period.) Attach additional pages if necessary. Company Name Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.05.31.2019 Page 29 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check W) one of the followinq: ❑ NO, I certify that none of the information included with this Proposal is considered confidential or proprietary. ❑ YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets if needed.) Proposal Forms COMM/SVCS v.05.31.2019 Page 30 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com B. Convriaht Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check W) one of the followina: ❑ NO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed) C. Consent to Release Confidential/Proprietary/Copvriaht Information to BuvBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non -award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Company Name Signature of Authorized Company Official Printed Name Date Proposal Forms COMM/SVCS v.05.31.2019 Page 31 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non -responsive. Name of Proposing Company: (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check W) one of the followina: Type of Business: Individual/Sole Proprietor Corporation Limited Liability Company Partnership Other If other, identify State of Incorporation (if applicable): Federal Employer Identification Number: (Vendor must include a completed IRS W-9 form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) Proposal Forms COMM/SVCS v.05.31.2019 Page 32 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR'�. All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative complete and initial the applicable boxes and sign the acknowledgment at the end of this form. If you 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, Cooperative member ancillary contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services 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, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Proposal Forms COMM/SVCS v.05.31.2019 Page 33 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis -Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis -Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at wdol.00v. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti -Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. S. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms COMM/SVCS v.05.31.2019 Page 34 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. S. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government -wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti -Lobbying Amendment: Byrd Anti -Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 USC 1352). 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms COMM/SVCS v.05.31.2019 Page 35 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeepinq and record retention requirements. Vendor Certification: YES, I agree or Vendor Certification Item No. NO, I do NOT agree Initial 1. Vendor Violation or Breach of Contract Terms 2. Termination for Cause or Convenience 3. Equal Employment Opportunity 4. Davis -Bacon Act 5. Contract Work Hours and Safety Standards Act 6. Right to Inventions Made Under a Contract or Agreement 7. Clean Air Act and Federal Water Pollution Control Act 8. Debarment and Suspension 9. Byrd Anti -Lobbying Amendment 10. Procurement of Recovered Materials 11. Profit as a Separate Element of Price 12. General Compliance and Cooperation with Cooperative Members By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Company Name Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.05.31.2019 Page 36 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com PROPOSAL INVITATION OUESTIONNAIRE 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's. Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. 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. 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. Proposal Forms COMM/SVCS v.05.31.2019 Page 37 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Company Name Signature of Authorized Company Official Proposal Forms COMM/SVCS v.05.31.2019 Page 38 of 63 PJJBoard Cdoperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com REOUIRED FORMS CHECKLIST (Please check (-V) the following) Completed: Proposer's Agreement and Signature Completed: Vendor Contact Information Completed: Felony Conviction Disclosure and Debarment Certification Completed: Resident/Nonresident Certification Completed: No Israel Boycott Certification Completed: No Excluded Nation or Foreign Terrorist Organization Certification Completed: Historically Underutilized Business (HUB) Certification) Completed: Construction Related Goods and Services Affirmation Completed: Deviation/Compliance Completed: Location/Authorized Seller Listings Completed: Manufacturer Dealer Designation Completed: Texas Regional Service Designation Completed: State Service Designation Completed: National Purchasing Cooperative Vendor Award Agreement Completed: Federal and State/Purchasing Cooperative Experience Completed: Governmental References Completed: Marketing Strategy Completed: Confidential/Proprietary Information Completed: Vendor Business Name with IRS Form W-9 Completed: EDGAR Vendor Certification Completed: Proposal Invitation Questionnaire Completed: Required Forms Checklist Completed: Proposal Specification Form with Catalogs/Pricelists *catalogs/Pricelists must be submitted with proposal response or response will not be considered. Proposal Forms COMM/SVCS v.05.31.2019 Page 39 of 63 Board® pier uapeiative Purchasing Proposal Invitation No. 608-20-Highway Safety and Traffic Control Products NOTE: Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or proposal may not be considered: Manufacturers shall be listed in alphabetical order ElVendor's must list one specific percentage discount for each Manufacturer listed. If a vendor's response to Proposal Specification Form states "please see attachment sheet," all manufacturers listed on the attachment sheet must indicate per manufacturer the line item that correlates to Proposal Specification Form or Vendor's proposal may not be considered. . Hi Item No. Short Description Discount (%) Off Catalog/Pricelist for 1 Highway Safety Products, Supplies, and Equipment Discount (%) Off Catalog/Pricelist for 2 Traffic Control Products, Supplies, and Equipment Discount (%) Off 3 Catalog/Pricelist for Pavement Marking Supplies and Equipment Discount (%) Off 4 Catalog/Pricelist for Delineation Products and Object Markers Products, and Supplies Full Descri Please state the discount (%) off catalog/pricelist for Highway Safety Products, Supplies, and Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Please state the discount (%) off catalog/pricelist for Traffic Control Products, Supplies, and Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. Please state the discount (%) off catalog/pricelist for Pavement Marking Supplies and Eqipment. Catalog/Pricelist MUST be included or proposal will not be considered. Please state the discount (%) off catalog/pricelist for Delineation Products and Object Markers. Catalog/Pricelist MUST be included or proposal will not be considered. Discount (%) Off Please state the discount (%) off catalog/pricelist for Road Signs, 5 Catalog/Pricelist for Road Posts, and Hardware. Catalog/Pricelist MUST be included or proposal Signs, Posts, will not be considered. and Hardware PROPOSAL NOTE 1. Catalogs/Pricelistl are required to be submitted with Proposal Page 40 of 63 State Percent (%) of Discount off Catalog/Pricelistl State Name of Exceptions to italoq/Pricelistl Discount PROPOSAL SPECIFICATION FORM Board® Cooperative Purchasing Proposal Invitation No. 608-20-Highway Safety and Traffic Control Products (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered'.) State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelists Catalog/Pricelists Discount Discount (%) Off Catalog/Pricelist for Fire Please state the discount (%) off catalog/pricelist for Fire Hydrants 6 Hydrants and and Accessories. Catalog/Pricelist MUST be included or proposal will not % Accessories be considered. Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Wheel Wash 7 Wheel Wash System System (In Ground)/(Above Ground). Catalog/Pricelist MUST be 0/0 (In Ground)/ (Above included or proposal will not be considered. Ground) Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Locking 8 Locking Systems for Systems for Highway/Safety Products. Catalog/Pricelist MUST be 0/0 Highway/Safety included or proposal will not be considered. Products Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Animal Cages, 9 Animal Cages, Traps, Traps, and Accessories for Roads and Highways. % and Accessories for Catalog/Pricelist MUST be included or proposal will not be considered. Roads and Highways Discount (%) Off Catalog/Pricelist for Please state the discount (%) off catalog/pricelist for Herbicides 10 Herbicides and Weed and Weed Control Products for Roads and Highways. % Control Products for Catalog/Pricelist MUST be included or proposal will not be considered. Roads and Highways Discount (%) Off Catalog/Pricelist for Oil please state the discount (%) off catalog/pricelist for Oil and 11 and Hazardous Hazardous Material Spill Remediation Products and Supplies. % Material Spill Catalog/Pricelist MUST be included or proposal will not be considered. Remediation Products and Supplies PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelists are required to be submitted with Proposal Page 41 of 63 Board® Cooperative Purchasing Proposal Invitation No. 608-20-Highway Safety and Traffic Control Products (('atalnnc/Priralictc miict ha ciihmittari With Prnnncal nr Prnnncal Will not ha rnnciriararil ) State Percent (%) Item of Discount off State Name of Exceptions to No. Short Description Full Description Catalog/Pricelistl Catalog/Pricelist' Discount Discount (%) Off Catalog/Pricelist for All 12 Other Related Highway Safety and Traffic Control Products Discount (%) Off Catalog/Pricelist for Maintenance/Warranty 13 Agreements for Equipment and Systems of Various Brands Please state the discount (%) off catalog/pricelist for All Other Related Highway Safety and Traffic Control Products. Catalog/Pricelist MUST be included or proposal will not be considered. Please state the discount (%) off catalog/pricelist for Maintenance/Warranty Agreements for Equipment and Systems of Various Brands. Catalog/Pricelist MUST be included or proposal will not be considered. Section II: Installation and Repair Service Detailed Exceptions to Item Not to Exceed Information on Hourly Labor No. Short Description Full Description Hourly Labor Rate Hourly Labor Rate Rate Not to Exceed Hourly Labor Rate for 14 Installation/Repair of Highway Safety and Traffic Control Equipment and Products Not to Exceed Hourly 15 Labor Rate for Weed Control Service for Roads and Highways Hourly Labor Rate for Installation/Repair of Highway Safety and Traffic Control Equipment and Products -- State the Not to Exceed hourly labor rate for Installation/Repair Service of $ /Hour Equipment and Products. Hourly Labor Rate for Weed Control Service for Roads and Highways -- State the Not to Exceed hourly labor rate $ /Hour for Weed Control Service of Roads and Highways. PROPOSAL NOTE PROPOSAL SPECIFICATION FORM 1. Catalogs/Pricelistl are required to be submitted with Proposal Page 42 of 63 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com GENERAL TERMS AND CONDITIONS A. General Provisions 1. Statement of Inclusion/Applicability These General Terms and Conditions ("Terms and Conditions' apply to this Proposal Invitation and the proposing company's response to this Proposal Invitation, and are an integral part of any contract which is awarded or Purchase Order which is issued in association with this Proposal Invitation. 2. Organization and Section Titles The provisions of these Terms and Conditions are generally organized according to the stages of the procurement process: proposal, evaluation, award and performance. This organization of and the section titles used in these Terms and Conditions are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document. Unless otherwise stated, any listing of factors or criteria in these Terms and Conditions does not constitute an order of preference or importance. 3. Definitions As used in this Proposal Invitation and associated documentation, the following terms have the meanings set out below unless the context requires otherwise, regardless of whether initial capitalization is consistently used. Words used in the singular include the plural, and words used in the plural include the singular. To the extent terms are defined or used differently in different Proposal Invitation documents, substance prevails over form: "BuyBoard®" means the internet-based electronic commerce technology provided by the Cooperative's administrator, the Texas Association of School Boards, Inc. (TASB), to enable Cooperative members to purchase awarded goods and services electronically. "BuyBoard Administrator" means the Director of Cooperative Procurement identified in this Proposal Invitation (or his/her successor). "Contract" means the contract between the Cooperative and the successful Proposer (Vendor), which gives Vendor the opportunity to serve Cooperative members based on the Cooperative's acceptance of all or part of the Proposer's Proposal, and is comprised collectively of the following: a) This Proposal Invitation; b) Proposer's Proposal; c) Notice of Award issued to Proposer by the Cooperative; and d) Purchase Order between a Cooperative member and Proposer, and any additional terms, conditions, or instructions agreed to by Proposer, that are consistent with these Terms and Conditions. "Cooperative" means, collectively, The Local Government Purchasing Cooperative (which may also be referred to as "Texas Cooperative" herein) and its administrator, TASB, unless a distinction is made otherwise. "Cooperative member" or "member" means a local governmental entity (e.g., school district, city or county) or other governmental entity that is a member of the Cooperative and is eligible to purchase through a governmental purchasing cooperative or interlocal contract. Although not eligible to be a member of the Cooperative, "Cooperative member" as used in these Terms and Conditions may include the Cooperative administrator's non-profit entity subscribers when used in relation to a purchase from a non-profit subscriber. Page 43 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com "Goods" or "Products" (which terms are used interchangeably) means the goods, products, equipment or other commodities and/or services that are the subject of this Proposal Invitation. "Proposal Invitation" means this Proposal Invitation and all associated documentation, including without limitation, these Terms and Conditions and any amendments hereto, additional terms and conditions specific to this Proposal Invitation, instructions, exhibits or attachments, forms, agreements, certifications, item specifications, addenda, and supplements and/or clarifications. "Proposal" means Proposer's complete and correct response to this Proposal Invitation, including all information, forms, agreements, certifications and other documentation required by this Proposal Invitation, properly signed by Proposer's duly authorized representative. "Proposal Due Date" means the date and time specified in the Proposal Invitation, or any addenda thereto, by which Vendors are required to submit Proposals for this Proposal Invitation. "Proposer" or "Vendor" means the company or firm that submits a Proposal or, depending on the context, the proposing company to which the Cooperative awards a contract under this Proposal Invitation. (For purposes of the forms associated with this Proposal Invitation, "you", "your", "I" or "my" refer to Proposer or Vendor, as applicable.) "Purchase Order" means a Cooperative member's fiscal form or other instrument, including a record of an online order placed through a Vendor website or record of a purchasing card (P-card) purchase, which is used in making a purchase from Vendor under a BuyBoard contract. B. Proposal Requirements 1. Specifications Unless otherwise specified, the specifications are intended to be non-proprietary, and should be construed as such. Catalog numbers, brand names, or manufacturer product or reference numbers used in the item specifications in this Proposal Invitation are intended to be descriptive, not restrictive. These references, as well as "approved brands and/or models" listed, are intended to identify and indicate the type of product being sought and establish the level of quality desired. If any conflict exists in the item specifications between the product descriptions and any brand names or model or reference numbers used, the product descriptions will override the brand names or model number references. In some cases, however, the Cooperative may find it advantageous in order to provide best value to Cooperative members to standardize equipment and/or supplies by manufacturer in order to achieve efficiencies in procurement, repair, and operation, to match existing stock, or to satisfy other requirements. In these limited cases, preference will be given to the specific products identified as "approved brands and/or models," especially if all other evaluation factors are deemed to be equal. For this reason, where specific brands or models are identified, Proposer is encouraged to propose the exact item specified, in addition to an alternate brand or model with equal/equivalent functionality or features where appropriate or necessary. In all cases, Proposals must identify the manufacturer, brand, model, etc., of the item being offered. For Proposals on "equal/equivalent" items other than the specified "approved brand and/or model," Proposer must supply a complete description and sufficient data for the Cooperative to properly analyze the product being proposed, including its functionality and features. In order to conduct such analysis, the Cooperative may request samples for items other than "approved brands and/or models." If the specification identifies a specific brand or model for any item and Proposer fails to identify the manufacturer, brand, model, etc., for that item, the Cooperative will assume Proposer is proposing on the exact brand and model identified in the specification, and if awarded a contract, Vendor must furnish the exact brand name, model, etc., as specified. Substitutions will not be Page 44 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com allowed after the contract is awarded, except as provided for in section E.8 (Substitutions) of these Terms and Conditions. The apparent silence of the specifications as to any detail, or the apparent omission from any specification of a detailed description concerning any point, will be interpreted to mean that only the best commercial practices will prevail, and the specification will be construed accordingly. NOTE: Unless a different time period is stated in the General Information document of this Proposal Invitation, if Proposer discovers or suspects an error in any item specification in this Proposal Invitation, including that the specification is proprietary where not intended, Proposer must notify the BuyBoard Administrator of the error in writing immediately, but in no event later than the tenth (loth) business day before the Proposal Due Date. 2. Pricing A "Line Item" Proposal must be for a specific price for the unit of measure specified for that item. Proposer is responsible for clearly noting any differences in proposed packaging and/or units of measure as a deviation in accordance with section B.4 (Deviations from Item Specifications or General Terms and Conditions) of these Terms and Conditions. If this Proposal Invitation requires "discount from catalog" pricing, Proposer must quote a single discount percentage to be applied to all items in Proposer's published catalog. Proposer must submit the catalog or published pricelist with the Proposal in electronic format. Catalogs and pricelists should contain only items that relate to the items requested in the specifications. Vendors are discouraged from including irrelevant or non -responsive information with their Proposal. The Cooperative reserves the right to deem a Proposal non -responsive if the catalogs or pricelists submitted do not specifically relate to the intent of the Proposal Invitation or contain what the Cooperative deems, in its sole discretion, excessive irrelevant or non -responsive information, including information which makes it burdensome or impractical for the Cooperative to identify responsive products and pricing. Proposer's pricing must be "equal to or better" than pricing Proposer offers other similar customers. Pricing that is not considered equal or better could result in the Proposal being determined non-competitive and not considered for award. Unless specified otherwise in this Proposal Invitation: a) A "cost plus" Proposal will not be accepted; b) Proposer will not include freight, transportation and delivery charges or costs or sales tax in Proposal pricing (freight, transportation and delivery charges, if applicable, are to be pre -paid by the awarded Vendor and, subject to section E.5 (Packaging, Transportation, and Delivery) of these Terms and Conditions, included as a separate item on the invoice to the ordering Cooperative member); c) Proposal pricing must include the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions; and d) Proposal pricing must be firm for acceptance and the Cooperative's period for acceptance will be at least 120 calendar days from the Proposal Due Date. 3. Quality Unless otherwise indicated in this Proposal Invitation, proposed products must be new and in first class condition, and must be warranted in the same manner and to the same extent as normally provided to other customers of Proposer. Additionally, proposed products must conform to the highest standards of manufacturing practice, including, for all tangible goods included in this Proposal Invitation, containers suitable for shipment and storage. Unless otherwise specified, "factory seconds," "refurbished", or otherwise inferior items are not acceptable. All services must comply with applicable industry standards. Page 45 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.com 4. Deviations from Item Specifications or General Terms and Conditions Proposer must clearly note and explain in detail any and all limitations, exceptions, qualifications, special conditions, or other deviations (collectively "deviations") from these Terms and Conditions or any of the item specifications in the Proposal on the Deviation and Compliance form (or an attachment thereto) at the time the Proposal is submitted. The submission of any such deviation may place Proposer at a competitive disadvantage or otherwise prevent the Cooperative from considering the Proposal on the affected item(s). The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Other than any deviation submitted in writing with the Proposal and accented by the Cooperative, the Cooperative will hold Proposer accountable to the Cooperative and Cooperative members to perform in strict accordance with these Terms and Conditions and the item specifications as written. S. Addenda Any interpretation, correction or change to this Proposal Invitation will be made by addendum, and updated information contained in an addendum will prevail over the information contained in the original Proposal Invitation or a previous addendum. The Cooperative is the sole authority for the issuance of any addendum, and any communication related to this Proposal Invitation that is not from the Cooperative is invalid. Although the Cooperative may provide electronic notification when an addendum has been issued and the changes will be flagged, it is Proposer's responsibility to monitor the BuyBoard vendor website for possible addenda and incorporate any posted addendum into the Proposal. Proposer must acknowledge each addendum in accordance with the instructions accompanying the addendum. 6. Samples The Cooperative may request a product sample. Proposer must furnish the requested sample at no cost to the Cooperative, and, unless otherwise specified, the Cooperative must receive the sample within 72 hours of the request. The submitted sample must be labeled with the Proposal Invitation name and number, item number, product identification number, and Proposer's name. Proposer's failure to submit a sample when requested will result in the product in question not being considered for award to Proposer. The Cooperative will retain samples for a sufficient length of time for proper evaluation. If not destroyed or consumed during examination or testing, the Cooperative will return samples to Proposer at Proposer's expense, provided that Proposer has included a written return request with the submitted samples. Notwithstanding the foregoing, the Cooperative may permanently retain samples submitted by awarded Proposers for the purpose of determining that the quality and workmanship of awarded products delivered to Cooperative members is comparable to the samples. The Cooperative is not liable for samples that are damaged, destroyed or consumed during examination or testing. 7. Proposal on All or Certain Items Unless otherwise specified, Proposer may propose on any or all items. Proposer should answer all questions related to each item on which Proposer wishes to propose, and either leave the questions for other items unanswered (blank) or indicate "No Bid." The Cooperative will consider items individually and make awards on each item independently, except for "related" items for which "compatibility" will be an element of consideration. In such cases, small groups of items may be considered as a unit. Vendor's Proposal shall specify the regions and/or states that Vendor proposes to serve by completing the appropriate Proposal forms. Vendor shall specify only those regions or states for which Vendor is authorized either under applicable law and/or by the manufacturer to sell the proposed products. If Vendor proposes multiple products, and the regions or states which the Vendor is able to serve and proposes to serve differ by product, Vendor must specify the specific regions or states by product in its Proposal. A Vendor may not select a region or state in its Page 46 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com Proposal where Vendor is unable or unauthorized to sell a proposed product. If it is determined that a Vendor is unable, unauthorized, or refuses to provide any awarded product(s) or service(s) in a region or state specified in Vendor's Proposal, such inability, lack of authorization, or refusal will be an event of default and grounds for termination of the Contract. S. "All or Nothing" Awards Unless otherwise indicated in this Proposal Invitation, "all or nothing" Proposals are not acceptable and will be rejected. Proposer must be willing to accept a partial award for any combination of the items or services proposed and must be willing to share the business with any other successful Proposers. 9. Requirements of the Texas Public Information Act; Confidential Information The requirements of Subchapter 3, Chapter 552, Texas Government Code", may apply to this Proposal Invitation and any awarded Contract, and Vendor agrees that the Contract can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter. Pursuant to Texas Government Code Sections 552.371 and 552.372, to the extent the Contract or any Purchase Order thereunder has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by a governmental body or results in the expenditure of at least $1 million in public funds for the purchase of goods or services by a governmental body in a fiscal year of the governmental body, Vendor shall: (a) preserve all contracting information, as defined in Texas Government Code Section 552.003(7) ("Contracting Information"), related to the Contract or any Cooperative member Purchase Order thereunder as provided by the records retention requirements applicable to the governing body for the duration of the Contract (including any Purchase Order thereunder); (b) promptly provide to the Cooperative or Cooperative member, as applicable, any Contracting Information related to the Contract that is in the custody or possession of Vendor on request of the Cooperative or Cooperative member; and (c) on completion of the Contract (including any Purchase Order thereunder), either: (i) provide at no cost to the Cooperative or Cooperative member, as applicable, all Contracting Information related to the Contract (including any Purchase Order) that is in the custody or possession of Vendor; or (ii) preserve the Contracting Information related to the Contract (including any Purchase Order thereunder) as provided by the record retention requirements applicable to the Cooperative or Cooperative member, as applicable. The Cooperative may not accept a Proposal or award a Contract to a Vendor that the Cooperative has determined has knowingly or intentionally failed to comply with Texas Government Code Chapter 552, Subchapter J, in a previous Proposal or Contract unless the Cooperative determines and documents that Vendor has taken adequate steps to ensure future compliance with the requirements of said Subchapter. Proposer must clearly identify information in the Proposal that Proposer considers proprietary or confidential by completing the Confidential/Proprietary Information form. The Cooperative will treat such information as confidential only to the extent allowable under the Texas Public Information Act (Chapter 552 of the Texas Government Code) or similar disclosure law. 1 Section 9, Senate Bill No. 943, 861 Tex. Leg. R.S., effective January 1, 2020. Page 47 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com If Proposer fails to properly identify the information, the Cooperative shall have no obligation to 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 laws. The Cooperative and its Administrator will not be responsible for Proposer's failure to clearly identify information Proposer considers confidential or proprietary. Proposer will be notified of any third party request for information that Proposer has identified in the Confidential/Proprietary Information form as proprietary or confidential. 10. Certain Professional Services Excluded Neither this Proposal Invitation nor any contract includes services that are required to be procured under the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), including without limitation architecture and professional engineering services. 11. Withdrawal or Modification of Proposal Proposer may withdraw or modify a submitted Proposal prior to the Proposal Due Date and time specified in this Proposal Invitation. A Proposal may be withdrawn only in strict accordance with this section. Electronic Proposals Submissions: A Proposal submitted electronically through a website designated by the Cooperative in the Proposal Invitation for submission of electronic proposals may be withdrawn or modified prior to the Proposal Due Date and time through the same electronic proposal submission website. Vendor's login to the electronic proposal submission website shall be used to verify Proposer's identity. Vendor shall be solely responsible for ensuring only authorized use of its login, following all website instructions, and ensuring that the Proposal is properly withdrawn or modified prior to the Proposal Due Date and time. Hard Copy Submissions: If a Vendor submitted their Proposal in hard copy electronic format via mail or in person, rather than electronic submission through the designated website, Proposer must submit a written request to the Cooperative to withdraw the Proposal. The request to withdraw must be signed by an individual authorized to enter into contracts on Proposer's behalf and indicate the individual's title. If the BuyBoard Administrator has any question or doubt regarding Proposer's identity or the identity of its Proposal, withdrawal will not be allowed. If the Cooperative decides to allow the withdrawal, Proposer's duly authorized representative will be required to complete and sign a written receipt satisfactory to the BuyBoard Administrator before the proposal will be released. The decision of the BuyBoard Administrator relating to matters concerning withdrawal of a Proposal is final. Proposer may resubmit the withdrawn Proposal, or submit a new Proposal, up until the Proposal Due Date and time, provided any new submission meets the requirements of this Proposal Invitation. If Proposer resubmits a Proposal that was withdrawn and makes any change to any document in the proposal package, the change must be made in accordance with the Cooperative's instructions for Proposal submissions, and Proposer will be deemed to have authorized such change. Proposals that are in the Cooperative's possession (including Proposals submitted through an electronic proposal submission website designated by the Cooperative in the Proposal Invitation instructions) at the Proposal Due Date time shall be deemed final, conclusive, and irrevocable; and no Proposal will be subject to withdrawal, amendment, or correction by a Proposer after the Proposal Due Date and time specified in this Proposal Invitation. However, pursuant to section 13.4 (Deviations from Item Specifications or General Terms and Conditions), the Cooperative reserves the right, in its sole discretion, to seek clarification, communicate and resolve issues around deviations that were submitted in a Proposal, consistent with general procurement principles of fair competition. Page 48 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 12. Certifications The Proposer's Agreement and Signature form, which is fundamental to and incorporated into this Proposal Invitation, requires Proposer to certify to certain matters. Pursuant to and in accordance with such Proposer's Agreement and Signature form, and in addition to the matters set forth therein, Proposer certifies to the following with respect to this Proposal Invitation, the Proposal, and any Contract awarded under this Proposal Invitation. (a) Non -Collusion Certification Proposer agrees and certifies to the following, and understands that the penalty for violating this non -collusion certification will be the immediate disqualification of Proposer's Proposal: 1) Neither Proposer nor any business entity represented by Proposer has received compensation for participation in the preparation of the item specifications or these Terms and Conditions related to this Proposal Invitation; 2) The Proposal has been arrived at independently and is submitted without collusion with any other Proposer, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any Proposer an unfair advantage over any other Proposer with respect to the Proposal; 3) Proposer has not accepted, offered, conferred, or agreed to confer, and will not in the future accept, offer, confer, or agree to confer, any benefit or anything of value to any person or entity related to the Cooperative or any of its members in connection with any information or submission related to the Proposal, any recommendation, decision, vote, or award related to the Proposal, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or service related to the Proposal; 4) Neither Proposer, nor any business entity represented by Proposer, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to the Proposal, and the Proposal has not been knowingly disclosed, and will not be knowingly disclosed, to any other Proposer, competitor, or potential competitor prior to the opening of Proposals; and 5) No attempt has been or will be made to induce any other person or entity to submit or to not submit a Proposal. (b) Certification Regarding Legal, Ethical, and Other Matters Proposer agrees and certifies to the following: 1) Proposer has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with the Proposal; 2) Proposer has a high degree of integrity and business ethics, and a satisfactory record of performance; 3) Proposer is an authorized dealer, distributor, or manufacturer for the products or services offered in the Proposal for each region or state Vendor proposes to serve in the Proposal; 4) Proposer has not been notified by any local, state, or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from submitting its Proposal and Proposer would in no other way whatsoever be disqualified to propose or receive any award or Contract related to this Proposal Invitation, and Proposer will comply with any reasonable request from the Cooperative to supply information sufficient to substantiate the foregoing representations; 5) Proposer has provided its valid, proper and correct business entity name and information in its Proposal, that such entity is operating in good standing with the proper authority from whatever state or local jurisdiction is required, and Proposer has obtained, and will continue to maintain during the entire term of the Contract, all permits, approvals, or licenses necessary for lawful performance of its obligations under this Contract; 6) The prices, prompt payment discount terms, delivery terms, distribution allowances and the quality and/or performance (including warranties) of the product or services offered in the Proposal are and will remain the same or better than those offered Proposer's most favored customer under equivalent circumstances; 7) The Proposal complies with all federal, state, and local laws concerning these types of products or services, and Proposer will continue to comply with any applicable federal, state, and local laws related to Proposer's activities in connection with the Contract; 8) Proposer will comply with any applicable prevailing wage rate requirements under the federal Davis -Bacon or state or local law, including Chapter 2258 of the Texas Government Code; Page 49 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 9) Proposer will maintain, at Proposer's expense, any insurance, including without limitation such workers' compensation insurance as may be required by state or local law or policy, necessary to protect the Cooperative and its members from all claims for bodily injury, death, or property damage that might arise from the performance by Proposer or its employees or its agents of any service under the Contract; however, the existence of such insurance does not relieve Proposer of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided for by law; and 10) Any false statement contained in the Proposal is a material breach of contract which will void the Proposal or any resulting Contract, and subject Proposer to removal from all proposal lists, and possible criminal prosecution. 13. Proposal Signatures Proposer must sign its Proposal in strict accordance with the Cooperative's instructions, including having an officer duly authorized by Proposer execute the Proposal. By signing, the signatory warrants that he or she has read and agrees to the terms of the Proposal and is authorized to execute same as a legally binding act of Proposer. A facsimile or imaged signature will be deemed an original. 14. No Reimbursement Proposer understands and acknowledges the Cooperative will not reimburse or pay Proposer for any expenses Proposer incurs in preparing its Proposal or providing additional information required in connection with the Proposal. C. Proposal Evaluation 1. General A Proposal submitted in accordance with this Proposal Invitation will initially be considered for award; however, initial consideration of a Proposal will not constitute an assessment of its meeting the necessary qualifications, and a Proposal may be disqualified at any time during the evaluation process for failure to meet any other terms or conditions contained anywhere else in this Proposal Invitation. 2. Best Value Criteria The Cooperative evaluates Proposals on the basis of best value to Cooperative members. In evaluating Proposals and determining best value for all Cooperative members, the Cooperative will consider the following criteria: Best Value Criteria Maximum Points 1 Price Competiveness 60 2 Vendor Past Performance 15 3 Vendor Reputation for Goods and Services 15 4 Financial and Technical Resources 5 5 Capability of Servicing Cooperative Members 3 6 Any other relevant factor or requirement listed in this Proposal Invitation 2 TOTAL: 100 The Cooperative's evaluation will include Proposer's responses to the forms and other attachments included or associated with this Proposal Invitation, including but not limited to Proposer's responses to the Proposal Invitation Questionnaire. Only responsive Proposals will be evaluated. Failure to include all required information may result in a Proposal being deemed non -responsive. As a general matter, the Cooperative makes competitive and indefinite quantity awards to Proposers that give the same or better discounts/pricing than they give their best governmental clients. Proposers should provide competitive pricing that is the same or better than the pricing provided their best governmental clients. Each Proposal is Page 50 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com evaluated on its own merit and determined to be fair and reasonable by comparing the price/discounts that Vendor offers other governmental clients. If this Proposal Invitation requires discount pricing, discount practices may be examined and evaluated, in the Cooperative's sole discretion, based on historical data, sales information, discounts granted to other governmental clients, and/or other market research techniques. The Cooperative may award Contracts to multiple Proposers supplying comparable products or services, also known as a multiple award schedule, or award the Contract to a single Proposer. The Cooperative's decision to make multiple awards or a single award will be based upon the Cooperative's sole discretion regarding the type of award that provides best value to all Cooperative members. In regards to Vendor past performance, among other factors, the Cooperative may consider a Vendor's breach of contractual obligation on any other active or prior Cooperative contract awarded to Vendor including, but not limited to, nonpayment of service fees by Vendor, its parent company or affiliates and/or Vendor's failure to generate any minimum amount specified in a prior -awarded Cooperative contract. 3. Cooperative Board Decision The Cooperative reserves the right to waive any or all irregularities, formalities, or other technicalities and to be the sole and independent judge of quality and suitability of any products or services offered. The Cooperative may accept or reject a Proposal in its entirety, or may reject any part of a Proposal without affecting the remainder of that proposal, and may award the individual items in this Proposal Invitation in any combination or in any way that provides best value to Cooperative members based on the criteria set out in section C.2 (Best Value Criteria) of these Terms and Conditions. The Cooperative may use all means at the collective disposal of the Cooperative and Cooperative members to evaluate Proposals. The final decision as to the best overall offer, including as to price and suitability of the proposed products or services to meet the needs of and provide best value to Cooperative members, rests solely with the Cooperative's Board of Trustees. The Board's decision may be protested only in accordance with the Board's protest procedure policy, COOP-851, which is available from the BuyBoard Administrator upon request. Pursuant to COOP-851, a protest challenging the terms, conditions or form of notice of this Proposal Invitation and accompanying documentation must be received by the Cooperative no later than 5:00 p.m. CST the fifth (5th) business day before the Proposal opening date, and a protest challenging an award decision, including proposal evaluations, no later than 5:00 p.m. CST the fifth (5th) business day after the award is posted on the BuyBoard vendor website. D. Contract Award 1. Notice of Award and Related Matters A Proposal is an offer by Proposer to contract with the Cooperative and Cooperative members in accordance with this Proposal Invitation, including without limitation the item specifications, and these Terms and Conditions. A Proposal does not become a Contract unless and until the Proposal is accepted by the Cooperative through the issuance of a written Notice of Award to the successful Proposer, whereupon the Contract becomes binding and enforceable. The Contract is then utilized by a Cooperative member by the member issuing a signed purchase order for the awarded products or services. Vendor must honor all purchase orders issued by Cooperative members during the Contract term in accordance with these Terms and Conditions. The Cooperative may maintain Vendor's contract documents in electronic format for the duration of the Contract term. The Cooperative reserves the right to allow awarded Vendors to add additional service regions, at the awarded pricing, to the Vendor's Contract during the Contract term. As provided for in detail in section E.11 (The BuyBoard) of these Terms and Conditions, all Purchase Orders must be processed through the BuyBoard. All deliveries and financial transactions related to the Purchase Order will occur directly between Vendor and the ordering Cooperative member. Page 51 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com Cooperative members and Vendors do not have the authority to modify these Terms and Conditions. By submitting a Proposal, Vendor specifically agrees that these Terms and Conditions shall apply and that it shall not seek to impose on a Cooperative member additional terms and conditions or ancillary agreements that are inconsistent with, or intended to supersede, these Terms and Conditions. Any attempt by a Vendor to impose terms and conditions on a Cooperative member that are inconsistent with or intended to supersede these Terms and Conditions which were not submitted by Vendor as a deviation with its Proposal and approved by the Cooperative shall be an event of default under the Contract and grounds for termination of Vendor's Contract. However, a Cooperative member may add terms to a Purchase Order that are consistent with these Terms and Conditions and are acceptable to Vendor, including negotiating a supplemental or ancillary agreement with Vendor containing additional terms and conditions for a specific purchase or purchases that are consistent with these Terms and Conditions. A Cooperative member may require a performance and/or payment bond from Vendor as may be required by law or deemed necessary or appropriate. Additionally, a Cooperative member may require Vendor to carry and provide proof of such insurance as may be required by state or local law or policy. Individual Cooperative members may in certain circumstances require background checks on Vendor employees who will have direct contact with students or staff, or for other reasons, and may require Vendor to pay the cost of obtaining criminal history record information. To the extent of any conflict between these Terms and Conditions and requirements contained in any Cooperative member Purchase Order or supplemental/ancillary agreement, the stricter requirements on the Vendor shall apply. In the event of differing but equally stringent requirements, the Cooperative member Purchase Order or negotiated additional terms and conditions shall govern over the requirements in the Proposal Invitation. 2. Piggyback Contract and Other Entity Clause It is the Cooperative's intent that other governmental entities throughout the United States, as well as administrator's nonprofit entity BuyBoard subscribers, have the opportunity to purchase the goods or services awarded under the Contract at the same pricing and according to these Terms and Conditions, subject to applicable state law, through a piggy -back award or similar agreement. To the extent applicable, Vendor must offer and sell the awarded goods and services to such other organizations and entities in accordance with Vendor's Proposal, including without limitation the State Service Designation form and the National Purchasing Cooperative Vendor Award Agreement. E. Contract Performance 1. Contract Term The term of the Contract is for the initial term stated in this Proposal Invitation, which term begins on the date specified in the Notice of Award. Unless otherwise stated in this Proposal Invitation, the Contract may be renewed for two (2) additional one (I) -year terms as provided for in this section E.1. A reference to "Contract term" in these Terms and Conditions means the initial term and any renewal term. The Contract shall govern the Vendor's and the Cooperative member's rights and obligations with respect to any Purchase Order issued during the Contract term and afterwards, with respect to any Purchase Order or purchase bound by the Cooperative member for specified goods or services before the Contract award period ended. Vendor has no right to or vested interest in a Contract renewal. The Cooperative will evaluate the Contract award prior to the expiration of the then current Contract term (initial or renewal), and reserves the right to not renew the Contract based on factors that may include, but are not limited to, the annual amount of business, Vendor's performance (including, but not limited to, compliance with the Terms and Conditions), and the continued provision of best value to Cooperative members. With respect to annual amount of business, Vendor must generate the minimum amount specified in the General Information document associated with this Proposal Invitation through the Contract, during both the initial and the first renewal term, or may not be offered a second renewal term. A vendor failure to generate this minimum amount may also be considered by the Cooperative as part of vendor's past performance evaluation on future proposal invitations. A renewal must be agreed to by the Cooperative and Vendor. Page 52 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com In the event the Contract term will expire before the Cooperative awards a successor contract for the categories of awarded products or services, the Contract may be extended beyond the expiration date on a month to month basis, or such other term as determined by the Cooperative, upon the agreement of the Cooperative and Vendor, provided that the awarded pricing does not increase during such extension. 2. Prevailing Wages, Bonding and Insurance Requirements Vendor must comply with any applicable prevailing wage rate requirements under the federal Davis -Bacon or state or local law, including Chapter 2258 of the Texas Government Code. Vendor must provide any applicable performance and payment bonds as required by law, including Chapter 2253 of the Texas Government Code, or as requested by a Cooperative member. Vendor must maintain appropriate and sufficient insurance, including without limitation such workers' compensation insurance as may be required by state or local law or policy, necessary to protect Vendor and the Cooperative and its members from all claims for bodily injury, death, or property damage that might arise from the performance by Vendor or its employees or agents of any service under the Contract; however, the existence of such insurance does not relieve Vendor of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided by law. 3. Conformity to Item Specifications and Contract Award Vendor warrants that the products or services Vendor provides under the Contract conform to the item specifications and other requirements of this Proposal Invitation (except to the extent and as specifically noted as deviations in Vendor's Proposal), and are free from all defects in material, workmanship and title. If Vendor deviates from an item specification, including delivering a product other than the specific brand and model of the product awarded, the ordering Cooperative member may reject the product when delivered and terminate the purchase order, at no cost or penalty to the member. Vendor further warrants that all products and services provided under the Contract meet all applicable legal standards and requirements, including OSHA standards and regulations, and that any electrical items bear the appropriate listing from US, FMRC, NEMA, or UL Laboratories. If awarded products include chemicals or other products that customarily require Material Safety Data Sheets (MSDS), Vendor must include the MSDS with the first shipment of the product to a Cooperative member during the Contract term. Vendor must provide additional MSDSs to Cooperative members upon request, promptly and at no additional cost. 4. Awarded Pricing Awarded pricing may include line item pricing, discount off catalog or pricelist, not -to -exceed hourly labor rates, or other pricing structure as set forth in the Proposal Invitation. Except as provided in this section EA or otherwise in this Proposal Invitation, Vendor shall hold its awarded pricing firm during the Contract term. For awards based on discount off catalog or pricelist, Vendor may submit updated pricelists or catalogs reflecting manufacturer or similar market -wide price increases that occur during the Contract term to the Cooperative, and shall provide upon request such supporting documentation, including manufacturer documentation, as the Cooperative may require. Such pricelists or catalogs must be provided in the same format required by the Proposal Invitation for catalogs and pricelists submitted with Proposals. All pricelist or catalog changes must be supported by manufacturer price changes or similar market changes. The Cooperative reserves the right to reject any or all catalog or pricelist price changes as it deems to be in the best interest of and to provide best value to Cooperative members. Unless otherwise provided in the Proposal Invitation, no catalog or pricelist price increases, including website-based catalogs or pricelists, will be permitted or accepted within 180 days of Vendor's Proposal submission or within 180 days of submission of a prior revised catalog or pricelist. Updated pricelists or catalogs must be limited to awarded products or the pricelist or catalog may be rejected by the Cooperative in its entirety. Vendor must provide the Cooperative with prior notice of catalog and pricelist changes. Until such time as updated pricelists have been submitted to the Cooperative, or in the event the Cooperative rejects or determines further information is required before accepting a Page 53 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com revised catalog or pricelist, Vendor shall be required to continue to apply the prior catalog or pricelist pricing, with applicable discount, to Cooperative members. For awarded pricing based on hourly labor rates, Vendor may not exceed the awarded pricing during the Contract term unless changes to prevailing wage rates under state, local, or federal law applicable to the work to be performed require higher rates. In such event, the Vendor must notify the Cooperative and provide documentation supporting the required labor rate increase. All awarded discounts must remain firm during the Contract term. In the event Vendor decreases the price of awarded products or services for any or all of its other customers in similar market circumstances below the Contract price, Vendor must offer such decreased pricing to Cooperative members. During the Contract term, Cooperative members may negotiate with Vendor, through the BuyBoard request for quotes (RFQ) function or otherwise, to obtain lower prices for awarded products or services based on volume or other factors. If it is determined that a Vendor has sold products or services to Cooperative members through the Contract at a price higher than the applicable awarded pricing, Vendor shall be in default of its Contract and subject to termination. Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions is included in the awarded pricing. S. Packaging, Transportation, and Delivery Unless otherwise provided for in this Proposal Invitation, all tangible goods included in this Proposal Invitation must be packaged in containers that are new, appropriately designed for the product, and sturdy enough to protect the product during loading, transit, unloading, and storage, and be suitably packed to secure the lowest transportation costs. Products for which palletizing is appropriate must be delivered on standard 48" 4-way pallets in good, serviceable condition. Vendor is responsible for paying all freight, delivery, handling and other charges incurred in transporting and delivering products to a Cooperative member, and for the risk of loss until the product is delivered to and accepted by the Cooperative member. Freight, delivery, handling and other charges incurred in transporting and delivering products to a Cooperative member are to be prepaid by Vendor. Vendor may collect the actual amount of such charges after delivery and acceptance, provided that the charges (a) were disclosed to the Cooperative member, if requested, and in all instances in which the charges exceed ten percent (10%) of the total cost of the order, prior to shipment; (b) are itemized and shown separately on the member's invoice; and (c) are supported by appropriate documentation submitted with the invoice. Except for items that have hidden defects or that do not meet specifications, title and risk of loss to products pass to a Cooperative member upon the member's actual receipt and acceptance of the product at the point and time of delivery. Unless otherwise noted in the proposal (as a deviation) or the Purchase Order, Vendor must deliver or provide awarded products or services within ten (10) business days after receipt of a Cooperative member's purchase order. Vendor must immediately notify the Cooperative member's primary contact of any anticipated or actual delay and document the notice in writing, and the member may extend the delivery time or cancel the order if the delay is unacceptable. If the Cooperative member has not received notice of the delay as required by this section, the member may, at its discretion, return to Vendor any items received after the due date, at Vendor's expense and without liability or penalty to the member. When the needs of a Cooperative member require immediate response, the right to pick up tangible goods, if part of this Proposal Invitation, on an 'over the counter" basis must be available for the majority of the awarded tangible goods. In these circumstances, the Cooperative member's personnel may Page 54 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com pick up the products at Vendor's warehouse location. Additionally, a Cooperative member may request emergency delivery, and Vendor must use its best efforts to comply with rush or emergency requests. If Vendor cannot fulfill the emergency delivery requirement, the member may procure the products or services from alternative sources without penalty. Time is of the essence in Vendor's performance of the Contract. 6. Packing Lists, Invoices and Payments (a) Packing Lists, Invoices Packing lists or other suitable shipping documents must accompany each shipment of tangible goods included in this Proposal Invitation and state: (a) Vendor's name and address; (b) Cooperative member's name and address or delivery location; (c) Cooperative member's Purchase Order number; (d) descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, and total number of containers; and (e) copies of all product warranties for the item(s) delivered. Vendor must submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices must (a) contain the information stated above; (b) separately itemize any transportation and delivery charges, and include associated documentation; (c) include a properly signed copy of the delivery receipt; and (d) be mailed directly to the ordering Cooperative member. Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions is included in the awarded pricing and must not be separately itemized in the invoice. (b) Payments Payment by the Cooperative member is due after a Cooperative member's receipt and acceptance of ordered products or services and the documentation identified above, including a complete and correct invoice, in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code). A Cooperative member is not responsible for products delivered or invoiced without a valid purchase order number. A Cooperative member's obligation to Vendor is payable only and solely from funds available for the purpose of the purchase. Lack of funds will render a member's purchase order null and void to the extent funds are not available and any delivered but unpaid product will be returned to Vendor. Neither the Cooperative nor TASB is liable or responsible for any payment owed Vendor by a Cooperative member under the Contract. 7. Product Inspection, Testing, and Defective Items Products supplied under the Contract must be delivered in the best possible condition, be covered by the product warranties provided by Vendor and/or the product manufacturer to other customers, and are subject to inspection, testing, and approval by the Cooperative or a Cooperative member. Tests may be performed on samples taken from any regular shipment of the product. In the event a tested product fails to meet or exceed all requirements of the item specifications or these Terms and Conditions, Vendor must pay the cost of the samples and/or the testing. Upon receipt of notification from the Cooperative or Cooperative member, Vendor must replace and, for tangible goods, pick up the defective product within five (5) business days or on the next service date, whichever is sooner, without charge for the replacement or delivery. Additionally, the Cooperative or member may dispose of defective products that are not picked up and replaced by Vendor, without cost. Products damaged in shipment are considered defective for purposes of the foregoing. Latent defects discovered after delivery and acceptance of any products may result in revocation of the acceptance of such products. The Cooperative or Cooperative member must have access to Vendor's place of business during normal business hours for the purpose of inspecting any awarded product. 8. Substitutions Vendor's Proposal must specify the products or services Vendor proposes to provide under each category of the Proposal Invitation specifications. Vendor shall only be permitted to provide those products or services specified for categories under which Vendor is awarded under the Contract. Except as provided in this section E.8, the Cooperative Page 55 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com will not accept additions or substitutions to any of the product(s) listed in the Proposal after a Notice of Award has been issued. If an awarded product or catalog of products is discontinued by the manufacturer and the same manufacturer offers an equivalent replacement product, or if a catalog of products is updated by the manufacturer with products within the same Proposal Invitation specifications and category(ies) for which Vendor was awarded, Vendor may substitute the replacement product or updated catalog for the awarded product or catalog. Vendor shall submit all reasonable supporting documentation requested by the Cooperative's Administrator regarding any substitutions or catalog updates. The Cooperative reserves the right to reject, in its sole discretion, any product or catalog substitution. 9. Product and Service Guarantees and Warranties Vendor must not limit or exclude any implied warranties and shall extend such warranties on the awarded product, as well as the installation thereof if such installation is provided by Vendor, as are normally provided to other customers of Vendor. All services shall be performed in a good and workmanlike manner consistent with industry standards. Unless a deviation is submitted by the Vendor with its proposal and accepted by the Cooperative pursuant to section B.4 (Deviations from Item Specifications or General Terms and Conditions) of these Terms and Conditions or unless a different warranty is required by a Cooperative member Purchase Order or supplemental contract, a minimum of a ninety (90)-day product or service guaranty or the manufacturer's standard commercial warranty, whichever is greater, will apply to all awarded products and services. At a minimum, all product warranties must provide for replacement of defective merchandise, parts, and labor, and include pick-up of the defective merchandise from the location specified by the Cooperative member and delivery of the replacement(s) to the same location. In addition, such warranty shall include curing any defects in connection with any Vendor installation of the product at no additional cost to the member. The warranty period is effective from the date the Cooperative member accepts the product or the date the service is completed and accepted by the Cooperative member. Vendor shall respond to any reasonable requests for information from the Cooperative, its administrator, or a Cooperative member in regard to concerns regarding public health or safety regarding awarded products, including such documentation as may be reasonably requested. In the event of any product recalls affecting awarded products, as soon as practicable, Vendor shall notify in writing both the Cooperative and any Cooperative members who made purchases from Vendor for such recalled products of the recall and proposed action. At a minimum and without waiving any other requirements under law or Cooperative member purchase order, Vendor shall be required with respect to purchasing Cooperative members to take all action required by law or any greater remedy as may be offered by Vendor to other customers with respect to recalled products, including but not limited to, prompt replacement and/or refunds. 10. Multiple Distribution Centers, Single Point of Contact, and Designated Dealers If tangible goods are included as part of Vendor's Proposal and Vendor delivers products out of more than one warehouse or distribution center, all warehouses or distribution centers involved in the distribution plan must carry or have timely access to all awarded items and must be able to respond to orders in a timely manner. Unless otherwise specified in this Proposal Invitation, product substitutions are not allowed, and the involvement of multiple distribution centers does not alter the restriction against product substitution. The Cooperative and Cooperative members will have one Vendor contact person for overall contract management relative to the Contract, even if Vendor uses multiple distribution centers or designated dealers, and the Cooperative and its members will not be required to deal with multiple Vendor contacts for overall contract management. If Vendor is a manufacturer that sells products through a dealer network, Vendor may request to designate a dealer or multiple dealers ("Designated Dealer" or "Designated Dealers") to receive Cooperative member Purchase Orders on Vendor's behalf by completing and submitting to the Cooperative's administrator the information required on the Manufacturer Dealer Designation form contained in the Proposal Invitation, and/or such other form or information as the Cooperative's administrator may reasonably require. Page 56 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 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 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. 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. Further, Vendor acknowledges and agrees that, if Vendor opts to submit Designated Dealers under the Contract, Vendor is responsible for ensuring the accuracy of, maintaining, and updating the Designated Dealer information provided to the Cooperative and ensuring and confirming such information has been received by the Cooperative's administrator in such form as the Cooperative's administrator may reasonably require. Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. 11. The BuyBoard The awarded Contract will be posted on the BuyBoard website as an online electronic catalog(s). Except as expressly authorized in writing by the Cooperative's administrator, neither Vendor nor any Vendor Designated Dealer is authorized to process a Purchase Order received directly from a Cooperative member, and a Cooperative member that wishes to procure goods or services under the Contract will initiate a Purchase Order through the BuyBoard, which will be transmitted to Vendor or Vendor's Designated Dealer(s). All Purchase Orders generated by or under the contract must be processed through the BuyBoard. To the extent that a Vendor or a Vendor Designated Dealer erroneously processes a Purchase Order received directly from a Cooperative member without express written authorization from the Cooperative's administrator, such actions may be considered in breach of Vendor's obligations under the Contract but shall not alter the nature of the transaction as a BuyBoard purchase or relieve Vendor of the obligation to pay the service fee on such purchase, the intent of the Cooperative member to purchase through the Cooperative contract being paramount. Vendor and any Vendor Designated Dealer must maintain the computer and telephone hardware necessary to provide for the electronic receipt of Purchase Orders, and pay such costs and fees as may be imposed by a supplier or service provider for the software, equipment and service required to use the BuyBoard. To the extent that a Vendor is authorized in writing by the Cooperative administrator to process a Purchase Order received directly from a Cooperative member, Vendor shall be required to comply with all conditions imposed by the Cooperative as a part of such authorization. 12. Service Fee Vendor must pay the Cooperative the service fee specified in this Proposal Invitation and, unless this Proposal Invitation provides otherwise, the service fee is included in the awarded pricing. Except as otherwise provided in this section E.12, Vendor must remit the service fee to the Cooperative in Austin, Texas, within 30 days of the date of each service fee invoice. Service fees shall be deemed incurred on the date of Vendor's receipt of payment for products or services by the Cooperative member. To the extent that a Vendor disputes any service fee listed in an invoice, including but not limited to assertions that the purchase on which the fee is based has yet to be delivered or paid (e.g. special orders), was canceled by the Cooperative member, or is a duplicate purchase order, the Vendor must notify the Cooperative Page 57 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com of the dispute in writing no later than the 90th day after the original invoice date (Dispute Period) by returning a copy of the invoice or statement of outstanding balances to the Cooperative with each disputed item marked and the basis for dispute provided. To the extent that the disputed service fees have been paid by Vendor, any request for a refund must be provided to the Cooperative in writing, with supporting documentation, no later than the last day of the Dispute Period. Vendor agrees to cooperate, and require any Vendor Designated Dealer(s) and billing agent to cooperate, with the Cooperative in attempting to reconcile and resolve disputed fees, and shall provide such reasonable information and documentation as the Cooperative may require to review the disputed fees to the satisfaction of the Cooperative administrator's staff. Any service fees for which the Cooperative has not received a notice of dispute or request for refund within the Dispute Period as set forth herein shall be deemed conclusively due and owing and no longer subject to dispute or claim for refund. Unpaid service fees will be subject to collection in accordance with the Cooperative's Board Policy, COOP-852, Vendor Invoicing and Collections. A Vendor may designate a billing agent to receive Cooperative service fee invoices on Vendor's behalf. Such designation must be made in writing by an authorized representative of Vendor and properly submitted to the Cooperative's administrator in such form as the Cooperative's administrator may reasonably require. However, in so doing, Vendor acknowledges and agrees that such designation shall be for Vendor's convenience only and Vendor shall remain responsible for all obligations under the Contract, including payment of service fees, and shall remain subject to all remedies for default in payment thereof. Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated by or under the Contract that are received directly from Cooperative members, or such other documentation regarding those Purchase Orders as the Cooperative's administrator may require in its reasonable discretion. Additionally, the Cooperative has the right, upon reasonable written notice, to review Vendor's records pertaining to purchases under the Contract with Cooperative members to verify purchase history and the accuracy of service fees payable from Vendor. 13. Disclaimer of Warranty and Limitation of Liability THE COOPERATIVE AND TASB (BOTH D/B/A BUYBOARD) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO THE AVAILABILITY, ACCURACY, CONTENT OR ANY OTHER ASPECT OF ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THE CONTRACT AWARD, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO ANY AND ALL CAUSES OF ACTION ARISING UNDER OR RELATED TO THE CONTRACT, NEITHER THE COOPERATIVE NOR TASB, NOR THEIR RESPECTIVE OFFICERS, BOARD MEMBERS, EMPLOYEES OR AGENTS, IS LIABLE TO VENDOR UNDER ANY CIRCUMSTANCES FOR LOST REVENUE, DATA OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF THE COOPERATIVE AND/OR TASB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY PROVIDED BY LAW, IN NO EVENT WILL THE COOPERATIVE AND/OR TASB'S TOTAL JOINT LIABILIY TO VENDOR EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY VENDOR DURING THE TWELVE MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Neither the Cooperative nor TASB is in any way liable to Vendor for a Cooperative member's performance or nonperformance of the member's obligations under the Contract or Purchase Order. 14. Sales Tax Cooperative members are governmental entities which are generally exempt by law from the payment of state sales tax and federal excise tax. Vendor may request a Cooperative member to provide a tax exemption certificate, or the member may establish its tax exempt status by including tax exemption information or tax exemption certificate with the Purchase Order as authorized under law. Vendor is responsible for collecting such taxes, if any, as may be due from a Cooperative member and remitting payment to the appropriate taxing authority. Page 58 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 15. Use of Logo and Trade Name The BuyBoard trade name and logo are proprietary to TASB and have been specifically licensed by TASB to the Cooperative. Vendor may not use, display, or otherwise distribute the BuyBoard logo or trade name except in strict accordance with the Cooperative's written guidelines posted on the BuyBoard website. 16. Indemnification Vendor agrees to defend, indemnify, and hold harmless the Cooperative, TASB and Cooperative members, and their officers, board members, agents and employees, from and against all third -party claims, actions, suits, liability, liens, loss and damage of any character, type, or description, including without limitation all expenses of litigation, court costs and attorney's fees, arising out of or related to (a) injury or death to any person or damage to any property related to the acts of Vendor or its agents, subcontractors, or employees in the execution of or performance under the Contract or a Purchase Order, as applicable; and (b) Vendor's negligence, misconduct, breach of contract or other failure to comply with its obligations in the execution or performance under the Contract or a Purchase Order, as applicable. 17. Intellectual Property Infringement Without limiting the scope of section E.16 (Indemnification) of these Terms and Condition, if any claim is asserted, or action or proceeding brought against the Cooperative or a Cooperative member that alleges that all or any part of the products or services supplied by Vendor, in the form supplied or modified by Vendor, or its subcontractors pursuant to Vendor's sole directions, infringes or misappropriates any United States intellectual property, intangible asset, or other proprietary right, title or interest (including, without limitation, any copyright or patent or any trade secret right, title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, the Cooperative, upon its awareness, shall give Vendor prompt written notice thereof. Vendor shall defend, and hold the Cooperative and the Cooperative member harmless, against any such claim or action and shall indemnify the Cooperative and Cooperative member against any liability, damages and costs resulting from such claim. In addition, if, in any such suit arising from such claim, the continued use of the product for the purpose intended is enjoined by any court of competent jurisdiction, Vendor shall, at its expense and option, either (a) procure for the Cooperative member the right to continue using the product; (b) modify the product so that it becomes non -infringing; (c) replace the product or portions thereof so that it becomes non -infringing; or (d) allow the Cooperative member to return the product or cancel the service and refund the purchase price (less reasonable depreciation for use, if applicable.) 18. Remedies for Default and Termination of Contract (a) Default and Termination of Cooperative Contract Except as otherwise provided for in these Terms and Conditions, either party (Cooperative or Vendor) may terminate the Contract in whole or in part in the event of the other party's substantial failure to fulfill its obligations under the Contract through no fault of the terminating party; provided, however, that the defaulting party is given at least ten (10) business days prior written notice of the default and intent to terminate (delivered by certified mail, return receipt requested, or other method that similarly documents receipt), and, to the extent the default is capable of being cured, a ten (10) business day opportunity to remedy the default to the satisfaction of the terminating party (or, in the event of default based on Vendor's failure to timely remit the service fee due the Cooperative, such longer cure period as may be established by Cooperative policy.) At the Cooperative's option and in addition to any other remedies it may have available, the Cooperative may terminate the Contract if Vendor fails to adhere to or violates any of the provisions of these Terms and Conditions, including the certifications. Without limiting the scope of the foregoing, one or more of the following constitute grounds for termination: i. Delivery of product or services that fail to meet the item specifications; ii. Delivery of product or services that are defective or substandard or fail to pass product inspection; iii. Delivery of a product substitution, except as specifically authorized; Page 59 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com iv. Failure to meet required delivery schedules; V. Failure to timely supply the awarded products or services at the contract price; vi. Failure to timely remit any service fee due the Cooperative under the Contract or any other BuyBoard contract with Vendor, its parent company, or affiliates; vii. Failure to provide, within a reasonable time and where required by the Contract, information reasonably requested by the Cooperative including, but not limited to, information requested under section E.12 of these Terms and Conditions; viii. Processing a Purchase Order received directly from a Cooperative member, without prior written approval from the Cooperative's administrator; ix. Providing architectural or engineering services under the Contract that must be procured pursuant to the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code); X. Selling non -awarded products or services under the Contract or any other BuyBoard contract with Vendor; or xi. Vendor refusal, inability or loss of ability, to offer or provide awarded goods or services to Cooperative members in awarded regions or states unless caused by a Force Majeure event pursuant and subject to section E.19. Notwithstanding any other provision of this section E.18, in the event of Vendor's default under or breach of any provision in the Contract, the Cooperative reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of the Cooperative or necessary or appropriate to protect or provide best value to Cooperative members. Without limiting the scope of the foregoing, the Cooperative or its administrator may temporarily inactivate (suspend) Vendor from the BuyBoard website and as a BuyBoard vendor, suspend or remove any Vendor Designated Dealer from the BuyBoard website, or require removal of an awarded product or service with or without prior notice to Vendor, if the Cooperative or its administrator determines that a breach under the Contract or any other BuyBoard contract with Vendor, including nonpayment of service fees, or a potential public health, policy or safety issue warrants such action, and the temporary inactivation will remain in effect pending further action or termination of the Contract by the Cooperative or its administrator. Vendor remains liable for all obligations and responsibilities incurred prior to and during any temporary inactivation and prior to termination, as applicable. In the event the Cooperative terminates the Contract, in whole or in part, the Cooperative reserves the right to award the terminated Contract, or any portion thereof, to the next Proposer the Cooperative determines to provide best value to Cooperative members. Additionally, the Cooperative may sue for breach of contract and specific performance and, in addition to contract damages, recover attorneys' fees and costs. Vendor shall be liable for any and all damages permitted by law, and any deviation submitted by Vendor in its Proposal seeking to limit Vendor's liability to the Cooperative shall be deemed rejected. The Cooperative will not be liable to Vendor for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) resulting from termination based on Vendor's default or breach of contract. If any delay or failure of performance is caused by a Force Majeure event as described in section E.19 (Force Majeure) of these Terms and Conditions, the Cooperative may, in its sole discretion, terminate the Contract in whole or part, provided such termination complies with the procedures set out above. Any Contract termination resulting from any cause other than a Force Majeure event will be deemed valid reason for the Cooperative not considering any future proposals from the defaulting Vendor. Page 60 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com In the event a Vendor's Contract is terminated under this section E.18, Vendor shall remain responsible for payment of all service fees to the Cooperative for products and services sold to Cooperative members prior to such termination. (b) Default and Termination of Cooperative Member Purchase A Cooperative member has no authority to terminate the Contract at the Cooperative level for default, but may terminate a Purchase Order or refuse to accept delivery as provided for in these Terms and Conditions or for Vendor's material breach of a term or condition included in a Cooperative member Purchase Order or supplemental contract. Additionally, to the extent permitted by law, Cooperative members may sue for breach of contract and specific performance and, in addition to contract damages, recover attorneys' fees and costs. Nothing herein shall limit the remedies available to a Cooperative member under applicable law. A Cooperative member will not be liable to Vendor for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) resulting from termination based on Vendor's default or breach of contract. 19. Force Majeure The term Force Majeure includes, but is not limited to, governmental restraints or decrees, provided they affect all companies in Vendor's industry equally and are not actions taken solely against Vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage. The Cooperative, Cooperative members, and Vendor are required to use due caution and preventive measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred rests on the party seeking relief under this section E.19. The claiming party must promptly notify the other party in writing, citing the details of the Force Majeure event, use due diligence to overcome obstacles to performance created by the Force Majeure event, and resume performance immediately after the obstacles have been removed, provided the Contract has not been terminated in the interim. Delay or failure of performance of the Contract or a Purchase Order caused solely by a Force Majeure event will be excused for the period of delay caused solely by the Force Majeure event, provided the party claiming the event promptly notifies the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure. The Cooperative will not be responsible for any cost incurred by Vendor because of a Force Majeure event. A Cooperative member will not be responsible for any cost incurred by Vendor because of the Force Majeure event unless an authorized representative of the Cooperative member has requested, in writing, that Vendor incur such cost in connection with any delay or work stoppage caused by the Force Majeure event. Notwithstanding any other provision of this section E.19, in the event Vendor's performance of its obligations under the Contract is delayed or stopped by a Force Majeure event, the Cooperative may, at its sole option, terminate the Contract in accordance with section E.18 (Remedies for Default and Termination of Contract) of these Terms and Conditions. This section E.19 does not limit or otherwise modify any of the Cooperative's rights as provided elsewhere in the Contract. F. Miscellaneous 1. Assignment Vendor may not sell, assign, transfer, convey or subcontract any responsibility or obligation created by the Contract in regards to the Cooperative without the Cooperative's prior written consent. A Vendor wishing to assign, transfer, or convey all or any portion of an awarded Contract shall submit a written request to the Cooperative, preferably at least Page 61 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 60 days before the projected effective date of the assignment and provide such information as the Cooperative may require to process and consider the request. Approval or denial of an assignment request shall be within the sole discretion of the Cooperative, and a vendor not awarded a Contract through the Proposal Invitation process has no right or vested interest to assignment of an awarded Contract. In determining whether to consent, the Cooperative may consider any relevant factors, including whether the party to which the sale, assignment, transfer, conveyance or subcontract is proposed is bound to and will honor all obligations and responsibilities imposed on Vendor under the Contract, including awarded pricing, and the best interest of and value to Cooperative members. Vendor's attempted sale, assignment, transfer, conveyance or subcontracting of any part of the Contract except in compliance with this section F.1 is void and ineffective. If Vendor ceases distribution of an awarded product for any reason during the Contract term, including ceasing distribution in one or more regions or states designated by Vendor in its Texas Regional Service Designation or State Service Designation forms, and the Cooperative determines that continued availability of the product provides best value to Cooperative members, the Cooperative reserves the right to place the manufacturer of such product on the BuyBoard for the remainder of the Contract term for any or all regions or states in which Vendor has ceased distribution, in which event Vendor's Contract for such product will be deemed assigned to the product manufacturer. 2. Notices Unless otherwise provided for in this Proposal Invitation, any written notice or other communication required by the Contract or by law will be conclusively deemed to have been given and received on the third business day after such written notice has been deposited in the U. S. Mail, properly addressed, and with sufficient postage affixed thereto, provided that actual notice may also be given in any other manner used in commerce. If the conclusion of any time period provided for in these Terms and Conditions falls on a weekend or a federal holiday, the conclusion of such time period shall be deemed to be extended until the next business day. Otherwise, references to time periods measured by days shall mean calendar days unless business days are specifically designated. 3. Equal Employment Opportunity (EEO) Disclosures Vendor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the state in which Vendor's primary place of business is located. In accordance with such laws, regulations and executive orders, Vendor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status, disability or genetic information, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by Vendor under the Contract. Upon request, Vendor will furnish information regarding its nondiscriminatory hiring and promotion policies. 4. Applicable Law, Venue and Dispute Resolution The Contract is governed by and will be construed according to the laws of the State of Texas, including the Uniform Commercial Code (UCC) as adopted in the State of Texas as effective and in force on the date of the Contract. Venue for any litigation concerning the Cooperative or TASB lies in Austin, Travis County, Texas, and venue for any litigation between a Cooperative member and Vendor arising under the Contract lies in the home county of the member. The parties have the mutual affirmative duty to attempt to resolve any disputes that arise under the Contract in good faith at the least possible expense prior to the initiation of any type of judicial or administrative proceeding. S. Waiver No claim or right arising out of a breach of the Contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. A parry's failure to require strict performance of any provision of the Contract does not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. Page 62 of 63 COMM.V.08.28.2019 Pa / F ard® JOYCouperative Purchasing 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com 6. Interpretation — Parol Evidence This writing is intended by the parties as a final expression of their agreement and a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade is relevant to supplement or explain any terms used in the Contract. Acceptance or acquiescence in a course of performance rendered under the Contract is not relevant to and does not determine the meaning of the Contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. 7. Right to Assurance Whenever the Cooperative in good faith has reason to question Vendor's intent to perform, the Cooperative may demand that Vendor give written assurance of its intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the Cooperative may treat the failure as an anticipatory repudiation of the Contract. 8. Non -Appropriations Clause Texas law prohibits the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. A Cooperative member that is a governmental entity (a) reserves the right to rescind a multi -year purchase order or other agreement to purchase products or services under the Contract at the end of the member's fiscal year if it is determined that funding is not available to extend the agreement; and (b) will use its best efforts to attempt to obtain and appropriate funds for payment. 9. Invalid Term or Condition If any term or condition of the Contract is held invalid or unenforceable, the remainder of the Contract will not be affected and will be valid and enforceable. 10. Remedies Cumulative The remedies available to the Cooperative, a Cooperative member, or Vendor under this Contract are in addition to any other remedies that may be available under law or in equity. 11. Signatures Except as required pursuant to section B.13 (Proposal Signatures) of these Terms and Conditions with respect to Proposals and related documentation or as otherwise specifically required in these Terms and Conditions, all notices, requests, amendments and other written documentation required or authorized under the Contract may be provided electronically or as an imaged document, and an electronic, facsimile or imaged signature shall be deemed an original. 12. Right of Setoff Any indebtedness or obligation owed by Vendor or Vendor's affiliates to the Cooperative may be appropriated and applied by the Cooperative at any time, and from time to time, on any indebtedness or other obligation owed by the Cooperative to Vendor or Vendor's affiliates, whether such indebtedness or other obligations are now existing or hereafter arise, and whether under the Contract or otherwise. It is further understood and agreed that this right of setoff is in addition to, and not in lieu of, any other right, remedy or recourse which is available to the Cooperative either at law or equity, and that failure to exercise such right of setoff in any instance shall not constitute a waiver of such right. Page 63 of 63 COMM.V.08.28.2019 Abitent Weporter-News PART OF THE USA TODAY NETWORK Certificate of Publication TEXAS ASSOC OF SCH00 L BOARDS 12007 RESEARCH BLVD AUSTIN, TX 78759 STATE OF WISCONSIN) COUNTY OF BROWN) Before me, the undersigned authority, on this day personally appeared representing the Abilene Reprter-News being duly sworn deposes and says that the following notice(s) published in said newspaper generally circulated in Brown, Callahan, Coleman, Comanche, Eastland, Erath, Fisher, Haskell, Jones, Knox, Mitchell, Nolan, Runnels, Scurry, Shackelford, Stephans, Stonewall, Taylor counties, Texas by: TEXAS ASSOC OF SCHOO L BOARDS On the following date(s) to wit: July 31, 2019 August 7, 2019 & ;__7 t LNotice Clerk On this August 7, 2019, 1 certify that the attached document is a true and exact copy made by the publisher.: Notary Public, of Wisc n, County of Brown Nancy Heyrman Notary Public, State of WisCOnsin Commission Expires, Publication Cost: $1,799.50 Ad No:0003709261 Customer No: 1225040 PO #: Sealed Proposals Proposal Proposal Name Proposal Number Due Dat 607-20 Software as a Service (SaaS) Products, CyberSecurity Assessments and Related Services 10/10/20 608-20 Highway Safety and Traffic Control Products 11/7/201 609-20 ibrary Books, Used Textbooks, and Other Books 11/14/20 610-20 First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment 11/21/20 611-20 Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installation 12/5/201 612-20 Cold Mix Asphalt and Parking/Road Striping Services 1211V20 613-20 Swimming Pool Chemicals, Supplies and Equipment 12/19/20 614-20 Oral Interpretation and Written Translation Services 12/19/20 615-20 Copy/Office Paper and Toner Supplies 1/9/2020 616-20 Copier Equipment and Supplies _ _ . 3/5/2020 617-20 Mobile Command, Emergency Management and Bio-Terrorist Vehicles 3/I2/202 618-20 619-20 Outdoor Street Lighting Musical Instruments, Equipment, 3/19/202 Supplies, and Repair 3/26/202 620-20 Auction Services 4/2/2020 621-2 Photovoltaic Power Systems and Component 4/9/2020 622-20 Election Voting Systems Equipment and Supplies 4/16/202 623-20 Pest Control Management Services 4/23/202 "Sealed proposals will be received by the Local Government Purchasing Cooperat 78759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Prol board.com or from the offices of the Texas Association of School Boards, Cooperat operative reserves the right to reject any or all bids and to waive any formalities i Proposal Proposal Name Proposal Proposal Contract Contract Number Due Date Due Time Effective Expiratio Date Date 607-20 Software as a Service (SaaS) Products, CyberSecurity Assessments and Related Services 10/10/2019 4:00 PM 4/l/2020 3/31/2023 608-20 Highway Safety and Traffic Control Products 11/7/2019 4:00 PM 6/1/2020 5/31/2023 609-20 ibrory Books, Used Textbooks, and Other Books 11/14/2019 4:00 PM 6/1/2020 5/31/2023 610-20 First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment 11/21/2019 4:00 PM 6/l/2020 5/31/2023 611-20 Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installation 12/5/2019 4:00 PM 6/l/2020 5/31/2023 612-20 Cold Mix Asphalt and Parking/Road Striping Services 12/12/2019 4:00 PM 6/1/2020 5/31/2023 613-20 Swimming Pool Chemicals, Supplies and Equipment 12/19/2019 4:00 PM 6/1/2020 5/31/2023 614-20 Oral Interpretation and - — - — — - Written Translation Services 12/19/2019 4:00 PM 6/1/2020 5/31/2023 615-20 Copy/Office Paper and Toner Supplies 1/9/2020 4:00 PM 6/1/2020 5/31/2023 616-20 Copier Equipment and Supplies 3/5/2020 4:00 PM 9/1/2020 8/31/2023 617-20 Mobile Command, Emergency Management and Bio-Terrorist Vehicles 3/12/2020 4:00 PM 9/1/2020 8/31/2023 618-20 Outdoor Street Lighting 3/19/2020 4:00 PM 9/1/2020 8/31/2023 619-20 Musical Instruments, Equipment, Supplies, and Repair 3/26/2020 4:00 PM 9/1/2020 8/31/2023 620-20 Auction Services 4/2/2020 4:00 PM 9/1/2020 8/31/2023 621-2 Photovoltaic Power Systems and Component 4/9/2020 4:00 PM 9/1/2020 8/31/2023 622-20 Election Voting Systems Equipment and Supplies 4/16/2020 4:00 PM 9/1/2020 8/31/2023 623-20 Pest Control Management Services 4/23/2020 4:00 PM 10/1/2020 9/30/2023 "Sealed proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Reseoi 78759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications may be obtained from our w board.com or from the offices of the Texas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Au: operative reserves the right to reiect any or all bids and to waive any formalities in bidding except time of filing. irs122% 607-20 Software as a service Affidavit of Publication STATE OF TEXAS) SS COUNTY OF POTTER) Heather Contreras, being duly sworn, says: That she is Legal Clerk of the Amarillo Globe-NewE daily newspaper of general circulation, printed and published in Amarillo, Potter County, Texas; that th publication, a copy of which is attached hereto, wa: published in the said newspaper on the following d, July 31, 2019, August 07, 2019 Proposal Number Proposal Name Proposal Due Date Proposal Due Time Contract Effective Date Contract Expiration Date 607-20 Software as a Service (SaaS) Products, CyberSecudty Assessments and Related Services 10/10/2019 4:00 PM 4/1/2020 W1/2023 608-20 Highway Safety and Traffic Control Products 11R/2019 4:00 PM 6/1/2020 5/31/2023 609-20 Library Books, Used Textbooks, and other Books t 1/14/2019 4:00 PM 6/1/2020 5/31/2023 610-20 First Aid; Emergency Medical, and Athletic Trainer Supplies and Equipment 11121/2019 4:00 PM 6/l/2020 5/31/2023 611-20 Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installation 12/5/2019 4:00 PM 6/1/2020 5/31/2023 612-20 Cold Mix Asphalt and Parking4load Striping Services 12/12/2019 4:00 PM 6/1/2020 5/31/2023 613-20 Swimming Pool Chemicals, Supplies and Equipment 12/19/2019 4:00 PM 6/1/2020 5/31/2023 614.20 Oral Interpretation and Written Translation Services 12/19/2019 4:OO PM 6/1/2020 51 WD23 615-20 Copy/Gf ice Paper and Toner Supplies 1/9/2020 4:00 PM 6/1/2020 5/31/2023 616-20 Copier Equipment and Supplies 3/5/2020 4:00 PM 9/1/2020 8/31/2023 617-20 oTnraEmergency Management and BiTrrarist Vehicles o-e 3/1212020 4:00 PM 9/1/2020 8131/2023 618-20 Outdoor Street Lighting 3/19/2020 4:00 PM 9/1/2020 8/31/2023 619-20 Musical Instruments, Equipment, Supplies, and Repair 3/2612020 4:00 PM 9/l/2020 8/31 /2023 620-20 Auction Services 4/2/2020 4:00 PM 9/1/2020 8/31/2023 621-20 Photovoltaic Power Systems and Components 4/9/2020 4:00 PM 9/1/2020 813112023 622-20 Election Voting Systems Equipment and Supplies 4/16/2020 4:O0PM 9/l/2020 8/31/2023 623-20 Pest Control Management Services 4/23/2020 4:00 PM I D11/2020 9130I2023 That said newspaper was regularly issued and circ on those ales. ; "Sealed proposals will he received by the Local Government Purchasing Cooperative, Cooperative Purchasing office, 12007 Research Blvd., Austin, TX 78759 and then opened: SI E NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications may be obtained from our web site www,vendor.buyboaTd.com or from the offices of the Texas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin, TX, 78759. The Cooperative reserves the right to reject any or all bids and to waive any formalities in bidding except time of filing. LeW6ere Subscribed to and sworn to me -this 7th day of August �( Texas My commission expires: September 06, 2021 Y 0 Rose d'Rand Miller ?' My Commission Expires �,.�� 09l0612021 �"'It:Of IQ No 12334976 00008868 16057 5 Texas Association of School Boards/AMA 12007 Research Blvd. AUSTIN, TX 78759 ;tate'smllimr-D A nsun American *tatrsman austin360 iahora sf! PROOF OF PUBLICATION STATE OF TEXAS PUBLIC NOTICE Before the undersigned authority personally appeared Jalen Rocha, who on oath says that he/she is a Legal Advertising Agent of the Austin American -Statesman, a daily published newspaper that is generally circulated in Bastrop, Bell, Blanco, Brazos, Burleson, Burnet, Caldwell, Colorado, Comal, Coryell, Fayette, Gillespie, Gonzales, Guadalupe, Hays, Kerr, Lampasas, Lee, Llano, Milam, Nueces, San Saba, Travis, Washington and Williamson Counties, and State of Texas, and that the attached advertisement was published in said newspaper, to wit: TX ASSOC OF SCHOOL BOARDS, first date of publication 08/01/2019, last date of publication 08/07/2019, published 2 time(s), and that the attached is a true copy of said advertisement. TX ASSOC OF SCHOOL BOARDS 12007 RESEARCH BLVD AUSTIN, TX 78759-2429 Invoice/Order Number: 0000501886 Ad Cost: $2,752.80 Paid: $0.00 Balance Due: $2,752.80 Signed ( �. ega Advertising gent) Swom or affirmed to, and subscribed before me, this 8th day ofAuqust, 2019 in a gqy,wFaere_�v eu m hand and affixed my off I seal, the day year aforesaid. ,�tiiir+, jj_\ ;f_5 iT17K � ce: Notary Public, State of Texas m, Expires 04-05-2023 Com Signed,lo�<<�.'� Notary iD 13196201E (Notary) Please see Ad on Ilowing page(s). Pagel of 2 TX ASSOC OF SCHOOL BOARDS 12007 RESEARCH BLVD AUSTIN, TX 78759-2429 Invoice/Order Number. 0000501866 Ad Cost: $2,752.80 Paid: $0.00 Balance Due: $2,752.80 Proposal Proposal Contract Contract PNumberroposalName Due Date Due Effective Expiration Time Cato Date Software as a Service (SaaS) Products, 607-20 CyberSecurity 10/10/2019 4:00 PM 4/1/2020 3/31/2023 Assessments and Related Services 608-20 Highway Safety and Traffic 11/7/2019 4:00 PM 6/1/2020 5/31/2023 Control Products Library Books, Used 609-20 Textbooks, and Other 11/14/2019 4:00 PM 6/1/2020 5/31/2023 Books First Aid. Emergency 610-20 Medical, and Athletic 11/212019 Trainer Supplies and 4:00 PM 6/1/2020 5/31/2023 Equipment Grounds Maintenance 611-20 Equipment, Irrigation Parts, 12/5/2019 4:00 PM 6/1/2020 5/312023 Supplies and Installation Cold Mix Asphalt and 612-20 Parking/Road Striping 12/12/2019 4:00 PM 6/12020 5/312023 Services 613-20 Swimming Pool Chemicals, 12/192019 4:00 PM 6/1/2020 5/31/2023 Supplies and Equipment 614-20 Oral Interpretation and 12/192019 Translation Services 4:00 PM 6/12020 5/31/2023Written 615-20 Copy/Office Paper and 1/92020 4:00 PM 6/12020 5/312023 Toner Supplies 616-20 Copier Equipment and 3152020 Supplies 4:00 PM 9/12020 8/312023 Mobile Command, 617-20 Emergency Management 3/12/2020 4:00 PM 9/12020 8/312023 and Bic -Terrorist Vehicles 618-20 Outdoor Street Lighting 3/19/2020 4:00 PM 9/12020 8/312023 Musical Instruments, 619-20 Equipment, Supplies, and 3262020 4:00 PM 9/12020 8/31/2023 Repair 620-20 Auction Services 422020 4:00 PM 9/12020 a/312023 621-20 Photovoltaic Power 4/9/2020 Systems and Components 4:00 PM 9/12020 8/312023 622-20 Election Voand ting Supplies Systems Equipment 4/16/2020 4:00 PM 9/12020 a/312023 623-20 Past Control Management 423/2020 Services 4:00 PM 10/12020 9/302023 "Sealed proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Research Blvd., Austin, TX 78759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications may be obtained from our web site www.vendor.buyboard.com or from the offices of the Texas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd_, Austin, TX, 78759. The Cooperative reserves the right to reject any or all bids and to waive any formalities In bidding except time of filing. Ax-0fNX15Q1 RRAA1. Page 2 of 2 BROWNSVILLE�,�, PUBLISHER'S AFFIDAVIT STATE OF TEXAS COUNTY OF CAMERON I Jose Andres Carrizales, being duly sworn on his oath states that he is a representative of The Brownsville Herald and that the attached notice appeared in the following issues: Date: JULY 31, 2019 Acct: 40021292 TX ASSOCIATION OF SCHOOL BOARDS / PROPOSALS Ticket: 30135091 JO ALES III Subscribed and sworn to before me on this theJ/ day of July 2019. p r N ary Public, Cameron County tate of Texas ,;<►: MARIA ELENA GARC A { _•�� } e*: � •:*, Notary Pobtic, State of Texas r Expires 06/06/2020 '' � I.D.# 13068953-9 Proposal Number Proposal Name Proposal Due Date Proposal Due riime Contract Effective Date Contrack Expiration Date 607-20 Software as a Service (SaaSj Products, CyberSecurity Assessments and Related Services IOJ10J2019 4:00 PM 41112020 313112023 608-20 Highway Safety and Traffic Control Products 111712019 4:00 PM 61112020 513112023 609-20 Ubma Books, Used Textbooks, and Other Books 11/141K19 4:00 PM 61112020 513112023 610-20 First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment 1112112019 4:00 PM 61112020 513112023 61NO Grounds Maintenance Equipment, Irriga�on Parts, Supplies and Installation 1215J2019 4:00 PM 61112020 513112023 612-20 Cold Mix Asphalt and Parkinglkad Striping Services 12112/2019 4:00 PM 61112020 513112023 613.20 Swimming Pool Chemicals, Supplies and Equipment 11119/2019 4:00 PM 6111202O 513112023 614-20 Oral Interpretation and Written Translation Services 1211912019 4:00 PM 611J2020 513112023 615-20 CopyjOffice Paper and Toner Supplies 11912020 4:00 PM 61112020 513112023 616.20 Copier Equipment and Supplies 31512020 4:00 PM 91112020 813112023 617-20 Mobile Command, Emergency Management and Bic -Terrorist Vehicles 311212020 4:00 PM 91112020 813112023 61K0 Outdoor Street lighting 311912020 4:00 PM 91112020 813112023 619.20 Musical Instruments, Equipment, Supplies, and Repair 312612020 4:00 PM 91112020 8131/2023 620-20 Auction Services 41212020 4:00 PM 91112020 81310023 621-20 Photovoltaic Power Systems and Components 4/912020 4:00 PM 91112020 813112023 622-20 Election Voting Systems Equipment and Supplies 4/1612020 4:00 PM 91112020 813112023 623-20 Pest Control Management Services 4/2312020 4:00 PM 10J112020 913012023 "Sealed proposals will be received by the local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Research Blvd,, Austin, TX 78759 and then opened: NOTE: Specifications will be available online one month prior to due date, Proposal Specifications may be obtained from our web site www,vendor,buyboard,com or from the offices of the Texas Association of School Boards, Cooperative Purchasing OfOce 12007 Research Blvd., Austin, TX, 78759, The Cooperative reserves the right to reject any or all bids and to waive any formalities in bidding except time of fling,_- — -_ - AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Max Tezkol, Advertising Representative for The Dallas Morning News, being duly sworn by oath, states the attached advertisement of TEXAS ASSN OF SCHOOL BOARDS was published in The Dallas Morning News DATE PUBLISHED July 31, 2019 August 7, 2019 Max Tezkol August 8, 2019 (Notary QiC� FILIZONGULER r° My Notary ID # 130023017 4`Expires November 12, 2022 Bids & Pro sets Bids & Pro osa(s Bids & Pfo owls &ids &Proposals Bids & ProggsaEs �.. p p Proposal Proposal Number Name Proposal Proposal Contract Contract i Due Dare Due Time Effective Expiration Dote Date 607-20 Software as a Service (SoaS) Products, CyberSecurity 608-20 Assessments and Related Services Highway Safety and Traffic Control Products 10/10/2019 4:00 PM 4/1/202Q 3/31/2023 N31/2023 609-20 Library Books, Used Textbooks, and Other Books 10/114 9 11/7)2111 9 4:00 PM 6/V2o20 012020 61G-20 First Aid, Emergency Medical, and Athletic Trainer 4:00 PM 5/31/2Q23 611.20 Supplies and Equipment Grounds Maintenance Equipment, irrigation Parts, 1121/2019 4:00 PM 6/1/2020 513112023 612-20 Supplies and Installation Cold Mix Asphalt and Parking/Road Striping Services 12/5/2079 17/121lp19 4:00 PM 617l2020 5/31/2023 613-20 Swimming Pool Chemicals, Supplies and Equipment 72/19/2019 4:Op PM 4:00 6/1/2010 5/31/2023 614-20 616-20 Oral Interpretation and Written Translation Services 12/14/2019 PM 4:0p PM 6/1/2020 5/31/2023 616 20 Paper and Toner supplies Comer Copier 1/9/2020 4:00 PM 6R/2020 0=0 5/31/2023 617-20 Equipment Equipment and Supplies Mobile Command, Emergency Management and 3/5/2020 4:00 PM 6111202p 5/31/2023 8/31/2023 618-20 BrrVehicles Outdoor Street Lighting 3112/2020 4:00 PM 9A/2020 8/31/2023 619-20 Musical Instruments, Equipment, Supplies, and Repair 3/19/2020 3126/2020 4:00 PM 9A12020 8/31/2023 62-20 621 -20 Services Pho Photovoltaic tovoltaic Power Systems and Components 412/2020 4:00 PM 4:00 PM 9/Fl20Z0 9/1/2020 Ii/31/2023 8/31/2023 622-20 Election Voting Systems Equipment and Supplies 4/9/2020 4/16/2020 4:00 PM 9/1/2020 8/3112023 623-20 Pest Control Management Services 4/23/2p20 4:00 PM 4:00 PM 9/1/4020 8l3112023 "Sealed Research proposals will be received by the Local Government Purchasing Cooperative, Blvd., Austin, TX 78759 and then opened: TO/l/2020 Cooperative Purchasing 9/3N2023 Office, 12007 NOTE: Specifications will be available on-line one month to due prior date. Proposal Specifications may be obtained from our web site www.vendor,buvboord.com or from the offices of the Texas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin, TX, 78759. The Cooperotive and to waive any formalities in bidding time reserves the right to reiect any or all bids except of filing. Bids & ProposaLs Bids & Proposals Bids &Proposals Bids & ProplisaEs Bids & ProllasaLs Proposal Proposal Number Name Proposal Proposal Contract Contract Due Date Due Time Effective Expiration Date Date 607-20 Software as a Service (SoaS) Products, CyberSecurity 608-20 Assessments and Related Services Highway Safety and Traffic Control Products 1N10/2019 4:00 PM 4/1/2020 3/31/2023 607-20 Library Books, Used Textbooks, and Other Books 11/7/7019 11/1411019 4:00 PM d;pp PM 6/112G20 5131rz023 610.20 First Aid, Emergency Medical, and Athletic Trainer b!1/2020 5131l2023 611-20 Supplies and Equipment Grounds Maintenance Equipment, Irrigation Parts, 11/21/2019 4:00 PM 6/1/2020 5/31/2023 612.20 Supplies and Installation Cold Mix Asphalt and Parking/Road Striping Services 12/5/2019 4:U0 PM 6/1l2020 5/31l2023 613-20 614.20 Swimming Pool Chemicals, Supplies and Equipment Oral Interpretation and Written Translation 12fi712a19 12/19/20,9 4:00 PM 4:00 PM 6/1/2020 0/2020 5/31/2023 615-20 Services Copy/Office Paper and Toner Supplies :211912019 1NI2020 4:00 PM 611/2020 -937/2023 5/31/2023 616-20 Copier Equipment and Supplies 315/2020 4:00 PM d:00 PM 6/l/2020 U5/3112023 617.20 Mobile Command, Emergency Management and 9/1/2020 31/2023 618-20 810-Terrorist Vehicles Outdoor Street Lighting 3/12/2020 4:00 PM 9/1/2020 1101f20233/1912020 619.20 Musical Instruments, Equipment, Supplies, and Repair 312612020 4:00 PM 9/1/2020 0131/2023 620.20 621.20 Auction Services Photovoltaic Power Systems and Components 4n12020 4:00 PM 4:00 PM 911/2020 9/t12020 873112p23 9/31/2023 622-20 Election Voting Systems Equipment and Supplies 012020 446/2020 4:00 PM 9PI2020 8/31/2023 623-20 Pest Control Management Services 4/23/2020 4:00 PM 4:00 PM 9/1/2020 91=22i1 8/31/2023 WI/2023 "Sealed proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Research Blvd., Austin, TX 78759 and then opened: NOTE: Specifications will be available on-line one month to prior due date, Proposal Specifications may be obtained from our web site www.vendor,buyboard•com or from the offices of the Texas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin, TX, 78759. The Cooperative reserves and to waive any formalities In bidding except time of filing. the right to reiect any or all bids AFFIDAVIT OF PUBLICATION Ad No. 0001292717 TEXAS ASSOC. OF SCHOOL BOARDS PO BOX 400 AUSTIN TX 78767 I, being duly sworn say: EL PASO TIMES, a daily newspaper of general circulation published in the City and County El Paso, State of Texas, which is a newspaper of general circulation and which has been continuously and regularly published for the period of not less than one year in the said County of El Paso, and that he/she was upon the dates herein mentioned in the EL PASO TIMES. That the LEGAL copy was published in the EL PASO TIMES for the date(s) of such follows 2 DAY(s) to wit 07/31/19, 08/07/19 LegalF VIA o Subscribed and sworn before me this 7th of August 2019. ` Sta f WI, unty of Brown NOTARY PUBLIC 5 /54 3 My Commission Expires Ad#:0001292717 P 0 : 000 1292717 NANCY HEYRMAN , # of Affidavits :0.00 Notary Public State of Wisconsin Proposal Proposal Name Proposal Number Due Date 607-20 Software as a Service (SaaS) 10/10/201, Products, CyberSecurity Assessments and Related Services 608-20 Highway Safety and Traffic 11/7/2019 Control Products 609-20 Library Books, Used Textbooks, 11/14/201� and Other Books 610-20 First Aid, Emergency Medical, 11/21/201 and Athletic' Trainer Supplies and Equipment 611-20 Grounds Maintenance Equipment, 12/5/201 Irrigation Parts, Supplies and Installation 612-20 Cold Mix Asphalt and Parking/ 12112120, Road Striping Services 613-20 Swimming Pool Chemicals, 12/19/20 Supplies and -Equipment- — 614-20 Oral Interpretation and Written 12/19/20 Translation Services 615-20 Copy/Office Paper and Toner 1/9/20. Supplies 616-20 Copier Equipment and Supplies 3/5/20 617-20 Mobile Command, Emergency 3/12/2G Management and Bio-Terrorist Vehicles 618-20 Outdoor Street Lighting 3/19/20 619-20 Musical Instruments, Equipment, 3/26/20 Supplies, and Repair 620-20 Auction Services 4/2/20 621-20 Photovoltaic Power Systems 4/9/20 and Components 622-20 Election Voting Systems Equipment 4/16/21 and Supplies 623-20 Pest Control Management Services 4/23/2 "Sealed proposals will be received by the Local Government fice, 12007 Research Blvd., Austin, TX 78759 and then opene NOTE: Specifications will be available on-line one month pi tained from our web site www.vendor.buyboard.com or fr Boards, Cooperative Purchasing Office 12007 Research Blvc right to reject any or all bids and to waive any formalities in b Proposal Proposal Name Proposal Proposal Contract Contract Number Due Date Due Time Effective Expiration Date Date 607-20 Software as a Service (SaaS) 10/10/2019 4:00 PM 4/1/2020 3/31/2023 Products, CyberSecurity Assessments and Related Services 608-20 Highway Safety and Traffic 11/7/2019 4:00 PM 6/1/2020 5/31/2023 Control Products 609-20 Library Books, Used Textbooks, 11/14/2019 4:00 PM 6/1/2020 5/31/2023 and Other Books 610-20 First Aid, Emergency Medical, 11/21/2019 4:00 PM 6/1/2020 5/31/2023 and Athletic Trainer Supplies and Equipment 611.20 Grounds Maintenance Equipment, 12/5/2019 4:00 PM 6/1/2020 5/31/2023 Irrigation Parts, Supplies and Installation 612-20 Cold Mix Asphalt and Parking/ 12/12/2019 4:00 PM 6/1/2020 5/31/2023 Road Striping Services 613-20 Swimming Pool Chemicals, 12/19/2019 4:00 PM 6/1/2020 5/31/2023 -- Supplies -and Equipment, 614-20 Oral Interpretation and ritten 12/19/2019 4:00 PM 6/1/2020 5/31/2023 Translation Services 615-20 Copy/Office Paper and Toner 1/9/2020 4:00 PM 6/1/2020 5/31/2023 Supplies 616-20 Copier Equipment and Supplies 3/5/2020 4:00 PM 9/1/2020 8/31/2023 617-20 Mobile Command, Emergency 3/12/2020 4:00 PM 9/1/2020 8/31/2023 Management and Bio-Terrorist Vehicles 618-20 Outdoor Street Lighting 3/19/2020 4:00 PM 9/1/2020 8/31/2023 619-20 Musical Instruments, Equipment, 3/26/2020 4:00 PM 9/1/2020 8/31/2023 Supplies, and Repair 620-20 Auction Services 4/2/2020 4:00 PM 9/1/2020 8/31/2023 621-20 Photovoltaic Power Systems 4/9/2020 4:00 PM 9/1/2020 8/31/2023 and Components 622-20 Election Voting Systems Equipment 4/16/2020 4:00 PM 9/1/2020 8/31/2023 and Supplies 623-20 Pest Control Management Services 4/23/2020 4:00 PM 10/1/2020 9/30/2023 "Sealed proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Of- fice, 12007 Research Blvd., Austin, TX 78759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications may be ob- tained from our web site www.vendor.buyboard.com or from the offices of the Texas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin, TX, 78759. The Cooperative reserves the right to reject any or all bids and to waive any formalities in bidding except time of filing. 10000198985 TEXAS ASSOCIATION OF SCHOOL Houston Chronicle Page 1 of 2 CLASSIFIEDS hMEDIA � GROUP AFFIDAVIT OF PUBLICATION STATE OF TEXAS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY, WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON. MONTGOMERY, LIBERTY, AUSTIN, WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON, JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a true and correct copy, was published to -wit: TEXAS ASSOCIATION OF SCHOOL RAN A LEGAL NOTICE SIZE BEING: 4 x5.50 1 (22.001) Product Houston Chronicle Houston Chronicle NEWSPAPER KtNKt8ENTAT VE 0000198985 HCO04513224 Date Class Jul 312019 Bids -Proposals Aug 7 2D19 Bids -Proposals Sworn and subscribed to before me, this 7th Day of August A.D. 2019 Notary Public in and or the t to of as Page B6 68 . ti�,u;l�rrrrr>>1��i n s� PC 10000198985 TEXAS ASSOCIATION OF SCHOOL Page 2 of 2 Houston CLASSIFIEDS Chronicle Proposal Proposal Name Proposal Proposal Due Due Contract Effective Contract Expiration Number Date Time Date Date Software as a Service (SaaS) 607-20 Products, CyberSecurity 10/10/2019 4:00 PM 4/l/2020 3/31/2023 Assessments and Related Services 608-20 Highway Safety and Traffic Control 11/7/2019 4:00 PM 6/1/2020 5/31/2023 Products 609-20 Library Books, Used Textbooks, and 11/14/2019 4:00 PM 6/1/2020 5/31/2023 Other Books First Aid, Emergency Medical, 610.20 and Athletic Trainer Supplies and 11/21/2019 4:00PM 6/1/2020 5/31/2023 Equipment Grounds Maintenance Equipment, 611-20 Irrigation Parts, Supplies and 12/5/2019 4:00 PM 6/l/2020 5/31/2023 Installation 612-20 Cold Mix Asphalt and Parking/Road 12/12/2019 4:00 PM 6/l/2020 5/31/2023 Striping Services 613.20 Swimming Pool Chemicals, Supplies 12/19/2019 4:00 PM 6/l/2020 5/31/2023 and Equipment 614.20 Oral Interpretation and Written 12/19/2019 4:00 PM 6/1/2020 5/31/2023 Translation Services 615.20 Copy/Office Paper and Toner 1/9/2020 4:00 PM 6/l/2020 5/31/2023 Supplies 616-20 Copier Equipment and Supplies 3/5/2020 4:00 PM 9/1/2020 8/31/2023 Mobile Command, Emergency - 617-20 Management and BloTerrorist -- 3/T2/2020 4:00 PM 9/1/2020 8/31/2023 Vehicles 618-20 Outdoor Street Lighting 3/19/2020 4:00 PM 9/1/2020 8/31/2023 619-20 Musical Instruments, Equipment, 3/26/2020 4:00 PM 9/1/2020 8/31/2023 Supplies, and Repair 620-20 Auction Services 4/2/2020 4:00 PM 9/1/2020 8/31/2023 621 20 Photovoltaic Power Systems and 4/9/2020 4:00 PM 9/1/2020 8/31/2023 Components 622-20 Election Voting Systems Equipment 4/16/2020 4:00 PM 9/l/2020 8/31/2023 and Supplies 623-20 Pest Control Management Services 4/23/2020 4:00 PM 10/1 /2020 9/30/2023 "Sealed proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Research Blvd., Austin, TX 78759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications may be obtained from our web site www.vendor.buyboard.com or from the offices of the Texas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin, TX, 78759. The Cooperative reserves the right to relect any or all bids and to waive any formalities in bidding except time of filing. AFFP 607-20 Software as a service Affidavit of Publication STATE OF TEXAS) SS COUNTY OF LUBBOCK } Robin Morse, being duly sworn, says: That she is Advertising Sales Manager of the Lubbock Avalanche -Journal, a daily newspaper of general circulation, printed and published in Lubbock, Lubbock County, Texas; that the publication, a copy of which is attached hereto, was published in the said newspaper on July 31, 2019, August 07, 2019 That said newspaper was regularly issued and circulated on those dates. SIGNED: At, lov'UC __4'qOVQ� Advertisin ales Manager Subscribed to and sworn to me this 7th day of August 2019. 1 Cindy M aha, No ryPublic, Lubbock County, Texas My commission expires: January 07, 2023 O't?y P; d� ; Cindy NlcGaha 4'°` MY COMMISSION EXPIRES *;; * 01/07/2023 00008017 16057611 NOTARY ID: 1070316-1 Texas Association of School Boards 12007 Research Blvd. Austin, TX 78759 Texas Association of School Saalr4.. Cooperative Purchasing office Texas Association of School Boards 12007 Research Blvd. Austin, TX..78759 - Cooperative Purchasing Office I Phone: 800-695=2919 12007 Research Blvd. Austin, TX. 78759 + :"• Email: meJonte.perry@tasb.0rg- ^ i•,4 v .. s=_• : a Phone: 800-695-2919 Email: melonie.perry@tasb.org contract contract Proposal Proposal Proposal Effective Expiration Contract Contract Number Proposal Nama Due Date Due Tim Data Data Proposal Proposal Proposal Effective Expiration Software as a Service (SaaS) Products, CyberSecurHy Number Proposal Name Due Date Due Time Date Data 607-20 Assessments and Related Services 10/10/2019 4:00 PM 4/1/2020 3/31/2023 Softwara as's Service (Seas) Products, CyberSecurity 608-20 Highway Safety and Tmfflc Control Products 11/7/2019 4:00 PM 6/1/2020 5/31/2023 607-20 Assessments and Related Services 10/10/2019 4:00 PM 4/1/2020 3/31/2023 608-20 Highway Safety and Traffic Control Products 11/7/2019 4:00 PM 6/1/2020 5/31/2023 609-20 Ubrery Books, Used Textbooks, and Other Books 11/142/)19 4:00 PM OA/2020 5/31/2023 first Aid, Emergency Medical, and Athletic Trainer 699-20 - library Books, Used Textbooks, and Other Books 11/14/2019 4:00 PM 6/1/2020 5/31/2023 610-20 Supplies and Equipment 11/21/2019 4:00 PM 6/1/2020 5/31/2023 1 t. RrstAid, Emergency Medical, and Athletic Trainer Grounds Maintenance Equipment, Irrigation Parts, 610-20 Supplies and Equipment 11/21/2019 4:00 PM 6/1/2020 5/31/2023 611-20 Supplies and installation _ 12/5/2019 4:00 PM 6112020 5/312023 Grounds Maintenance Equipment, Irrigation Parts, 612=20 _._ Cold Mix Asphalt and Parking/Road Striping Services 12/12/2019 4:00 PM 6/1/2020 5/312023 fill 20 Supplies and installation 12/52019 4:00 PM 6/12020 5/31/2023 613-20 Swimming Pool Chemicals, Supplies and Equipment 12/19/2019 4:00 PM 6/12020 5/31/2023 612-20 Gold Mix Asphalt and Parking/Road Striping Services 12/12/2019 4:00 PM 6/1/2020 5/31/2023 614-20 Oral interpretation and Written Translation Services 12/192019 4:00 PM 6/12020 5/312023 613-20 Swimming Pool Chemicals, Supplies and Equipment 12/192019 4:00 PM 6/12020 5/312023 61540 Copy/Office Paper and Toner Supplies 1/92020 , 4:00 PM 6112020 5/31=3 614-20, I Oral Interpretatlan and Written Translation Services 12/192019 4:00 PM 6112020 5/31/2023 616-20 Copier Equipment and Supplies 3/k02O 4:00 PM 9/12020 8/312023 615-20 I Copy/Office Paper and Toner Supplies 1/9/2020 4:00 PM 6112020 5/312023 Mobile Command, Emergency Management and 616-29 Copier Equipment and Supplies 3/5/2020 4:00 PM 9/1/2020 8/312023 617-20 Bb-TerrorlstVehicles 3/122020 4:00 PM 9/12020 8/31/2023 I Mobile Command, Emergency Management and 618-20 Outdoor Street Lighting 3/19/2020 4:00 PM 9/12020 8/31/2023 617-20 Blo-Terrorist Vehicles 3/122020 4:00 PM 9/1/2020 8/31/2023 Musical Instruments, Equipment, Supplies, and 618-20 Outdoor Street Lighting 3/192020 4:00 PM 9/1/2020 1 8/312023 j 619-20 Repair 3/26/2020 4:00 PM 9/12020 8/31/2023 Musical Instruments, Equipment, Supplies, and I 18/312023 620-20 Auction Services 4212020 4:00 PM 9112020 8/312023 619-20 Repair 3/262020 4:00 PM 9/1/2020 621-20 Photovoitaic Power Systems and Components 4/92020 4:00 PM ' 9/12020 8/312023 620-26 Auction Services 4212020 4:00 PM 9112020 18/312023 622-20 Election Voting Systems Equipment and Supplies 4/16NO20 4:00 PM .19/12020 8/312023 621-20 Photovoltaic Power Systems and Components 4/92020 4:00 PM 9/1/2020 8/312023 623-20 Pest Control Management Services 4232020 4:00 PM I I Ott2020 9/302023 622-20 I Election Voting Systems Equipment and Supplies 4/162020 4:00 PM 9/12020 8/312023 623-20 + Pest Control Management Services ' 4232020 4:00 PIN. 10/12020 9/302023 "Seated proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Research Blvd., Austin, TX 78759 and then opened: "'Sealed proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Research Blvd., Austin, TX 78759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications may be obtained from our web site www.vendor.buyboard.com or from the offices of the Texas 'NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin, may be obtained from our web site www.vendor.bu} lJoard.com or from the offices of the Texas TX, 78759. Re Cooperative reserves the right to reject any or all bids and to waive eny formalities Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin, reject In bidding except time of filing. TX, 78759• The Cooperattmireserves the right to any or all bids and to waive any formalities 16100A611 In, bidding except time of . - Vrng: Standard -Times PART OF THE USA TODAY NETWORK PROOF OF PUBLICATION TEXAS ASSOCIATION OF SCHOOL BOARDS P 0 BOX 400 AUSTIN, TX 78767 State of Wisconsin, County of Brown On August 1, 2019, personally appeared before me the undersigned, a Notary Public in and for said county and state, legal clerk of the SAN ANGELO STANDARD -TIMES, a daily newspaper published in San Angelo, County of TOM GREEN, State of Texas and of general circulation in the following counties: Tom Green, Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Runnels, Schleicher, Sterling, Sutton. The attached advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues thereof the following dates: July 31, 2019 August 1, 2019 Sub and ]worn tt before me on August 1, 2019 Lega Ilrk Notary ublic, St WI, Co of Brown My commission expires Proposal Proposal Name Proposal Number Due Dat 607.20 Software as a Service (SaaS) Products, CyberSecurity Assessments and Related Services 10/10/20 608.20 Highway Safety and Traffic Control Products 11/7/201 609-20 ibrary Books, Used Textbooks, and Other Books 11/14/20 610.20 First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment 11/21/20 611-20 Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installation 12/5/201 612-20 Cold Mix Asphalt and Parking/Rnad Striping Services 12/12/20 613-20 Swimming Pool Chemicals, Supplies and Equipment 12/19/20 614-20 Oral Interpretation and - Written Translation Services 12/19/20 615-20 Copy/Office Paper and Toner Supplies 1/9/2020 616-20 Copier Equipment and Supplies 3/5/2020 617-20 Mobile Command, Emergency Management and Bio-Terrorist Vehicles 3/12/202 618-20 Outdoor Street Lighting 3/19/202 619-20 Musical Instruments, Equipment, Supplies, and Repair 3/26/202 620-20 Auction Services 4/2/2020 621-2 Photovoltaic Power Systems and Component 4/9/2020 622-20 Election Voting Systems Equipment and Supplies 4/16/202 623-20 Pest Control Management Services 4/23/202 "Sealed proposals will be received by the Local Government Purchasing Cooperat 78759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Pro] board.com or from the offices of the Texas Association of School Boards, Cooperat operative reserves the right to rgiect any or all bids and to waive any formalities i Publication Cost: $1,977.10 NANCY HEYRMAN Ad No: 0003709313 Notary P u b I i C Customer No:1244504 State of Wisconsin PO #: SAST Proposal " H E RST MEDIA SOLUTIONS San Antonio Express -News I ExpressNews.com I mySA.com SAN ANTONIO EXPRESS NEWS AFFIDAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF BEXAR Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared: Lynette Nelson, who after being duly sworn, says that she is the BOOKKEEPER of HEARST NEWSPAPERS, LLC - dba. SAN ANTONIO EXPRESS - NEWS, a daily newspaper published in Bexar County, Texas and that the publication, of which the annexed is a true copy, was published to wit: Customer ID: 703020 Customer Name: Texas Assn Of Schooi Boards Order ID: 3032573 Publication EN ROP Ly Bo Pub Date 31-JUL-19 Vttti Aj-" nette N son okkee r Sworn and subscribed to before me, this _' day of atAl_ A.D. 2-0 ! Notary public in and for the State of Texas �, MONIQUE EGAN :`1pRY f Ue�4 ' .-Notary Public, State of Texas Comm. Expires 05-03-2020 Notary ID 3183135 NeCe �tiaG� Pd P San Antonio Express -News I ExpressNews.com and mySA.com I Wednesday, July 34 2019 ! B5 Proposal Number Proposal Name Proposal Due Date Proposal Due Time Contract Effective Date Contract Expiration Date 607-20 Software as a Service jSaaSI Products, 10110/2019 4:00 PM 41112020 3/31/2023 CyberSecurity Assessments and Related Services 608-20 Highway Safety and rraffc Control Products 11/7/2019 4:00 PM 6/1Q020 5/312023 609-20 Library Books, Used Textbooks, and Other 11/14/2019 4,00 PM 6/1/2020 5/31/2023 Books 610-20 First Aid, Emergency Medical, and Athletic 11/21/2019 4:00 PM 6112020 5/3112023 Trainer Supplies and Equipment 611-20 Grounds Maintenance Equipment, Irrigation 12/5/2019 4:00 PM 611/2020 5/312023 Parts, Supplies and Installation 612-20 Cold Mix Asphalt and Parking/Road Striping 12/12/2019 4:00 PM 6/112020 5/3112023 Services 613-20 Swimming Pool Chemicals, Supplies and 12/1912019 4:00 PM 611/2020 5t3112023 Equipment 614-20 Oral Interpretation and Written Translation 12/1912019 4:00 PM &J112020 5l3112023 Services 615-20 Copy/Office Paper andTonar Supplies 11912020 4:00 PM 61112020 5/3112023 616-20 Copier Equipment and Supplies 31512020 4:00 PM 91112020 W31/2023 617-20 Mobile Command, Emergency Management 31122020 4:00 PM 91112020 8/31/2023 and Bio-Terrorist Vehicles 618.20 Outdoor Street Lighting 311972020 4:00 PM 91112020 813112023 619-20 Musical Instruments, Equipment, Supplies, 3126/2020 4:00 PM 91112020 BI312023 and Repair 620-20 Auction Services 4212020 4:00 PM 9/112020 8t3t12023 621-20 Photovoltaic Power Systems and Components 419/2020 4:00 PM 91112020 8/31/2023 622-20 Election Voting Systems Equipment and 4116/2020 4:00 PM 911/2020 8131/2023 Supplies 623-20 Past Control Management Services 4123/2020 4:00 PM 101112020 9l3012023 Sealed proposals will be received by the Locei Government Purchasing Cocperative, Cooperative Purchasing Office, 12007 Research Rlvd-, Aumin.TX 78759 nod than opana& NOTE: Specifications will be available online one month prior to due date. Proposal Specifications may be obtained from our web site www.vendor.buyboard.com or from the offices of theTexas Association of School Boards, Cooperative Purchasing Office 12007 Research Blvd., Austin,TX, 78759.The Cooperative reserves the right to roject any or all bids and to waive any formalities in bidding excepttime of filing. H E A R S T MEDIA SOLUTIONS San Antonio Express -News I ExpressNews.com I mySA.com SAN ANTONIO EXPRESS NEWS AFFIDAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF BEXAR Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared: Lynette Nelson, who after being duly sworn, says that she is the BOOKKEEPER of HEARST- NEWSPAPERS, LLC - dba: SAN ANTONIO EXPRESS - NEWS, a daily newspaper published in Bexar County, Texas and that the publication, of which the annexed is a true copy, was published to wit: Customer ID: 703020 Customer Name: Texas Assn Of School Boards Order ID: 3033250 Publication Pub Date EN HOP 07-AUG-19 Lynettelson Bookke er Sworn and subscribed to before me, this day of a�.D. Z01 0 Notary public in and for the State of Texas C_�l i� 1�0-- ��1114rr� MONIQUE EGAN 0*AS Notary Public, State of Texas "= Comm, Expires 06-03-2020 si .. �: '�i„°;t�•.� Notary ID 3183735 I pd Here P�tiac like retazkers aciuba ti Proposal Proposal Name Proposal Due Proposal Due Contract Effective Contract Expiration Number Date Time Date Date 607-2D Software as a Service (SaaS) Products, 10110/2019 4:00 PM 4/1/2020 v3112023 CyberSecurity Assessments and Related Services 608-20 Highway Safety and Traffic Control Products 111NP019 4:00 PM - 61112020 5/31/2023 609-20 Library Books, UsaclTextbooks, and Other J11142019 4:00 PM 6/112020 5/3112023 Books 610-20 First Aid, Emergency Medical, and Athletic 11121=19 4:00 PM 6/1/2020 513112023 Trainer Supplies andfquipmeni 611-20 Grounds Maintenance Equipment, Irrigation 12/512019 4:00 PM 611/2020 6131/2023 Parts, Supplies and Installation 612-20 Cold Mix Asphalt and Parking/Road Striping 12/1212019 4:00 PM 6/1/2020 513112023 Services 613.20 Swimming Pool Chemicals, Supplies and 12/1912019 4:00 PM 61112020 5l3112023 Equipment 614-20 Oral Interpretation and Written Translation 121IW2019 4:00 PM 61112020 51312023 Services 615-20 Copyloffice Paper and Toner Supplies 1/9/2020 4:OD PM 6/112020 513V2023 616-20 Copier Equipment and Supplies 3/5/2020 4:00 PM 911/2020 8131/2023 617.20 Mobile Command, Emergency Management 311212D20 4:00 PM 9/1/2020 873112023 and Rio -Terrorist Vehicles 618.20 Outdoor Street Lighting 311912020 4:00 PM 9/112020 813112D23 619-20 Musical Instruments, Equipment, Supplies. 3/2612020 4:00 PM 9/112020 8131/2023 and Repair ' 620-20 Auction Services 4/2/2020 4:00 PM 9/1/2020 613112023 621-20 Photovoltaic Power Systems and Components W91202U 4:00 PM 91112020 813112D23 622-20 Election Voting Systems Equipment and 4/1612020 4:00 PM 91112020 8/31/2023 Supplies 623-20 Pest Control Management Services 412312020 1 4:00 PM 10111202D 1 9/302023 Seated proposals will be received by the Local Government Purchasing Cooperative, Cooperative Purchasing Office, 12007 Research Blvd., Austin,TX 76759 and then opened: NOTE: Specifications will be available on-line one month prior to due date. Proposal Specifications may be obtained from our web site www.vendor.buyboard.com or from the offices of theTexas Association of School Hoards, Cooperative Purchasing Office 12007 Research Blvd., Austin,TX, 78759.The Cooperative reserves the right to reject any ar.aII bids and to waive any formalities in bidding except time or fang. e Times Record News PART OF THE USA TODAY NETWORK PROOF OF PUBLICATION TEXAS ASSOCIATION OF SCHOOL BOARDS 12007 RESEARCH BLVD. AUSTIN, TX 78752 STATE OF WISCONSIN, COUNTY OF BROWN On this August 1, 2019 AD, personally appeared before me the undersigned authority for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls in Wichita County, Texas, and of general circulation in said county, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in day (2) issues hereof on the following date: Legal Clerk July 31, 2019 August 1, 2019 sworn to before me on August 1, 2019 J .�!%C2� Sta f WI, C ty of Brown --My-commission expires-- - - - NANCY HEYRMAN Notary Public State of Wisconsin Publication Cost: $1,625.32 Ad No: 0003709359 Customer No: 1238067 PO #: Wichita Notice Proposal Proposal Name Proposal Number Due Dat 607-20 Software as a Service (SaaS) Products, CyberSecurity Assessments and Related Services 10/10/20 608-20 Highway Safety and Traffic Control Products 11/7/201 609-20 ibrary Books, Used Textbooks, and Other Books 11/14/20 610-20 First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment 11/21/20 611-20 Grounds Maintenance Equipment, 612-20 Irrigation Parts, Supplies and Installation Gold Mix Asphalt and 12/5/201 Parking/Road Striping Services 12/12/20 613-20 Swimming Pool Chemicals, Supplies and Equipment 12/19/20 .tten Translation Services 12/19/20 615-20 Copy/Office Paper and Toner Supplies 1/9/2020 616-20 617-20 Copier Equipment and Supplies Mobile Command, 3/5/2020 Emergency Management and Bio-Terrorist Vehicles 3/12/202 618-20 Outdoor Street Lighting 3/19/202 619-20 Musical Instruments, Equipment, Supplies, and Repair 3/26/202 620-20 Auction Services 4/2/2020 621-2 Photovoltaic Power Systems and Component 4/9/2020 622-20 Election Voting Systems 4/16/202 Equipment and Supplies 623-20 Pest Control Management Services 4/23/202 "Sealed proposals will be received by the Local Government Purchasing Cooperat search lvd., Austin, TX 78759 and then opened: NOTE: Specifications all be available on-line one month prior to due date. Prol web site www.vendor.buyyboard.com or from the offices of the Texas Association of rice 12007 Research Blvd., Austin, TX, 78759. The Cooperative reserves the righ malities in bidding except time of Filing. ,al Proposal Name jer Proposal Proposal Due Date Due Time 607.20 Software as a Service (Saps) Date Date Products, CyberSecurity Assessments and RelateLj Services 608-20 Highway Safety and 10/10/2019 4:00 PM 4/l/2020 Traffic Control Products 3/3V2023 609-20 610-20 ibrory Books. Used Textbooks, and Other Books First Aid, Emergency Medical, 71/7/2019 11/14/2019 4:00 PM 4:OQ PM 6/1/2020 5/31/2D23 and Athletic Trainer Supplies and Equipment 6/1/2020 5/31/2023 611-20 _ Grounds Maintenance EgUlpmenl,' - 11121/2Q19 4:00 PM 6/1/2020 Irrigation Parts, Supplies and Installation S/3112023 612-20 Cold Mix Asphalt and 1215/2D19 4:00 PM 6/1/2020 Parking/Road Striping Services 5/31/2023 613-20 Swimming Pool Chemicals, 12/12/2019 4:00 PM 6/l/2024 Supplies and Equipment 5/3ll2023 614-20 Oral Interpretation and 12/19/2019 4:00 PM 6/l/2020 Written Translation Services 5/31/2023 615-20 Copy/Off!Ce Paper and Toner Supplies 12I19/2019 4:00 PM 6/1/2020 616-20 Copier Equipment and Supplies 1/9/2020 4:00 PM 6/1/2020 5/31/2023 617.20 Mobile Command, 3/5/2020 4:00 PM 9/1/2020 /31/2023 Emergency Management 8 8/31/2023 and Bio-Terrorist Vehicles 618-20 Outdoor Street Lighting 3/12/2020 4:00 PM 9/1/2020 619-20 Musical Instruments, Equipment, 3/19/2020 4:00 PM 9/1/2020 8/31/2023 Supplies, and Repair 8/31/2Q23 620.20 621-2 Auction Services Photovoltaic Power Systems and Component 3/26/2020 4/2/2020 4:00 PM 4:00 PM 2020 9/1/I2020 8/31/2023 622-20 Election Voting Systems 4/9/2020 4:00 PM 9/1 9/1/2020 8/31/2023 Equipment and Supplies 8/31/2023 623-20 "Sealed Pest Control Management Services 4/16/2020 4:00 PM 9/1/2020 proposals will be received by the Local Government Purchasing OCooperative, search Blvd., Austin, TX 78759 and then 4:00 PAA Cooperative Purchasing 8/31/2023 9/30/2023 NOTE: opened: Specifications will be available on-line off 12007 Re- one month prior to due date. Proposal Specifications may be obtained web site www.vendor.buybocird.com or from the offices of the Texas Association of School fice 12007 Research Blvd., Austin, from our TX, 78759. The Cocper0iiV2 in bidding except time of filing. Boards, Cooperative Purchasing Of- reserves the right to reiect any or all bids and to waive any for. ATTACHMENT - C CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. R--d 6.9.2021 cc CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity •: rt K93W4 This questionnaire reflects changes made io the law by H.B. 23. 941h Leg., Regular Session. OFFICE ISEONLY This questionnaire is being liled in accordance with Ghaptw 176. Laval Government Code, by a vendor who DaW peceiwed has a business relationship as defined by Section 176-0010-at with a local gouernmen-al en0k and the vendor meats requirements under Section 175.U06(a)- fay law this questlonnaire must be liled with the records adminhaalor of the local gouen-rental entity not laser than the 7th business day after the dale the vendor becomes arras of facts tha-, require the am-.ement io be filed. Sap Section 176-aob(a-1), LocaJ Goaemmoni Coda. A vendor commits an olfanse if the vendor knowingly violates Section 176A06, Loral Givemment Code- An coarse under this section is a misdemeanor. -11 Name of vendor who has a business relationship with local governmental entity. J ❑ Check this box if you arm tilt ng an ups is a previously fi IE}d q uesfiannaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became arare that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officerabout whom the information is being disclosed,. Name of Off cer J describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A). Also describe any family relationship with tlhelocal governrnentoff icer. Complete subparts A and B for each employment or business miationship described. Attach additional pages to this Form CIO as necessary. A- Is the local government officer or a family member of the offioer receiving or likely to rOreive taxable income, other than investment income. from the vendor? Yes =No B- Is the vendor receiving or likely to rareive taorable income, other than investment income, from or at the direction of the local government officer or a family rrembw of the officer AND the taxable income is not reaeived tram the local governmental entity? Yes = No f?escribeeach employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect towhich the local government officer serves asan officer ordirector, or holds an ownership inierest of one percent or more. 61 ❑ Check this boot if the vendor has given the local govern ment officer or a fam ily member of the officer one or more gifts as described in Section 176.00S(a)(2)(B), excluding gifts described in Section 176-003(a.-1 ). 71 Signature of vendor doing business with the governmental entity pate Form provided by Tmas Ethics Commission wrm. athi cs.stata.lz. u s Re Ased 11113021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governnnental entity A complete copy of Chapter 176 of the Local Government Cade may be found at http Awww.statutes_legis_state_tx_us! Docs+L +htm+LCL 176.htm. For easy reference, below are some of the sections cited on this farm. Local Government Code Q 176.001(1-a): "Business relationship" means a connection between two or more parties based on commeroia avtivity ofone of the parties. The term does not include a connection based on: (A) atransaction that is subject to rate or fee regulation by afederal, state, or local governmental entity or an agency of afederal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a pu rchase or lease of goads or services from a person that is ch artered by a state or federal agency and that is subject to regular exam i nation by, and reporting to, that agency. Local Government Code 4176A03(a)(2)(A) and (B): {a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor: (A) has an em ployment or other business relation ship 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 irnrestment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware th at (i) a contract between the local govern mental 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 orafamily memberofthe off icerone ormore 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 (i i) the local governmental entity is considering entering into a contract with the vendor_ Local Government Code § 176.006(a) and (a-1I f a) A vendor shal I 1 ile a compl eted confI ict of i nterest questia nnaire if the vendor has a bus iness rel ationshi p 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 fam ily member of the officer, desori bed by Section 176_00ja)(2) (A); (2) h as given a local government officer of that I oval govern mental 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 govemmental 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 arequest 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 kcal government officer, or a family member of the officer, described by Subsection (a); (B) that the ven dor has given one or mare gifts described by Subsection (a); or (C) of a family relationship with a local government officer_ Farm provided by Texas Ethics CammISSiDn www.othics.state.lx.us Revised 111fi2021